Civil Law/Private Law
CIVIL LAW – law that governs the
relationship between individuals
Civil law deals largely with private rights
and obligations. These include:
 Contractual rights
 Property rights
 Torts (civil wrongs)
Parties are called litigants (Litigation is the
action)
Plaintiff- party that initiated the legal action
Defendant-litigant against whom the action is
taken
ie: Pereira v. Ward
Onus is on the plaintiff to prove the case on a
“balance of probabilities”-the weighing of
evidence to decide whether it is the plaintiff ’s or
the defendant’s version of the events that is more
convincing.
What are some causes of Civil
Action?
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Torts
Breaches of Contract
Consumer problems
Unpaid Debts
Landlord/tenant disputes
Property disputes
Family matters: adoption, custody, divorce
etc.
Bankruptcy
Did you know that…
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Persons under the age of majority cannot
sue or be sued in their own name. A
minor who wishes to sue must be
represented by an adult, known as a next
friend. If an infant or a person “under a
disability” is sued, the court will appoint
a guardian or adult to act as the minor’s
representative. This person is also known
as a “guardian ad litem”.
What are the courts involved?
1. Small Claims Court
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Referred to as “The People’s Court”
Simple and inexpensive
Concerns money and property $10 000
or less
Examples:
Landlord and tenant conflicts, consumer
complaints, consumer debts, recovery of
property from another
Other Courts – Using the note
define each:
Provincial Supreme Court
 Court of Appeal
 Federal Court of Canada
 Supreme Court of Canada
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Civil Law
Part 2
KINDS OF CLAIMS
GENERAL DAMAGES
 SPECIAL DAMAGES
 PUNITIVE DAMAGES
 NOMINAL
 SPECIFIC PERFORMANCE
 INJUNCTIONS
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GENERAL DAMAGES
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I Pecuniary – monetary compensation for
losses that can be calculated based on how
much money the plaintiff lost.
Example: car accident victim that confines the
victim to a wheelchair for life. You can sue for
damages to replace the car and also loss of
future earnings.
 Q: How would age play a factor in
complicating this matter?
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GENERAL DAMAGES
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II Non-pecuniary – terrible personal loss which
does not involve an actual loss of money and is
difficult to quantify.
Example: pain and suffering, loss of a loved one,
mental anguish, aggravated damages (humiliation
or distress) CAN A PRICE BE PUT ON THESE?
Judges will usually make the monetary
compensation based on rule of precedent.
However, there is a maximum of $280 000
(recently increased from $100 000 due to
inflation)
WHAT DO YOU THINK?
SPECIAL DAMAGES
-compensation for out of pocket expenses
 Example: medication, therapy, ambulance
services, medical expenses, lost income
(fixed period of time), car repairs
PUNITIVE DAMAGES
– punish the defendant for reprehensible
/malicious conduct
 Example: false imprisonment or arrest,
assault, battery, libel and slander
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NOMINAL
-minimal compensation to acknowledge a
moral victory
 Example: someone was using your land
and you wanted them to stay off, you
may be awarded $1 for you suffered no
loss but merely wanted to assert your
rights
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SPECIFIC PERFORMANCE
-court order compelling someone to fulfill
the terms of a contract
 Example: buy a puppy from a breeder but
the breeder changes her mind and gives
you your deposit back. You don’t want
the deposit, you want the puppy!
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INJUNCTIONS
a court order requiring someone to do or
not do something
 Mandatory injunction – to do
 Prohibitory injunction – forbid to do
*These may be permanent or temporary
Example: apply dangerous chemicals,
copyright trademarks, force striking
workers to return to work
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ENFORCING A JUDGEMENT
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You are on your own. The court doesn’t
cut a cheque.
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But….if the defendant doesn’t pay you
can take the following steps:
ENFORCING A JUDGEMENT
Examination of a Judgment Debtor – being questioned
under oath to find out about the debtor’s assets
Garnishment – courts can order a % of wages, bank
accounts be deducted to pay to plaintiff
Execution or Seizure – sheriff seizes assets of debtor
and sells them
Alternative Sources of Compensation
I Motor Vehicle Liability Insurance – money
from the insurer of the defendant’s vehicle (only
in motor vehicle accidents)
Problem: not everyone has liability insurance
 II No Fault Insurance – provides immediate
funds without evidence of fault
 III Worker’s Compensation – provincial
Workers Compensation Fund
 IV Criminal Injuries Compensation – criminal
injuries compensation boards have been created
to compensate innocent victims when the
assailant doesn’t have any assets or insurance.
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How does the Trial Work?
In a trial by jury the judge instructs the
jury on the law applicable to the facts of
the case.
 The jury must consider this as well as
other considerations:
 Who was at fault?
 Is that person totally at fault? (%)
 How should damages be determined?
 How much should they be?
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Class action suit – a lawsuit initiated by a
group of people over a complaint
common to all.
Examples?
 Page 369-370
 Google Class Action
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Benefits
Avoid the necessity for many similar
lawsuits
 Similar claims are treated similarly
 Eliminated barriers like economic
barriers that prevent people from
pursuing legal action
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