2 KINDS OF CLAIMS GENERAL DAMAGES SPECIAL DAMAGES PUNITIVE DAMAGES NOMINALSPECIFIC PERFORMANCEINJUNCTIONS
3 GENERAL DAMAGESI 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?
4 GENERAL DAMAGESII 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 $(recently increased from $ due to inflation)WHAT DO YOU THINK?
5 SPECIAL DAMAGES -compensation for out of pocket expenses Example: medication, therapy, ambulance services, medical expenses, lost income (fixed period of time), car repairs
6 PUNITIVE DAMAGES– punish the defendant for reprehensible /malicious conductExample: false imprisonment or arrest, assault, battery, libel and slander
7 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
8 SPECIFIC PERFORMANCE-court order compelling someone to fulfill the terms of a contractExample: 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!
9 INJUNCTIONS a court order requiring someone to do or not do something Mandatory injunction – to doProhibitory injunction – forbid to do*These may be permanent or temporaryExample: apply dangerous chemicals, copyright trademarks, force striking workers to return to work
10 ENFORCING A JUDGEMENTYou are on your own. The court doesn’t cut a cheque.But….if the defendant doesn’t pay you can take the following steps:
11 Execution or Seizure – sheriff seizes assets of debtor and sells them ENFORCING A JUDGEMENTExamination of a Judgment Debtor – being questioned under oath to find out about the debtor’s assetsGarnishment – courts can order a % of wages, bank accounts be deducted to pay to plaintiffExecution or Seizure – sheriff seizes assets of debtor and sells them
12 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 insuranceII No Fault Insurance – provides immediate funds without evidence of faultIII Worker’s Compensation – provincial Workers Compensation FundIV Criminal Injuries Compensation – criminal injuries compensation boards have been created to compensate innocent victims when the assailant doesn’t have any assets or insurance.
13 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?
14 Class action suit – a lawsuit initiated by a group of people over a complaint common to all. Examples?PageGoogle Class Action
15 Benefits Avoid the necessity for many similar lawsuits Similar claims are treated similarlyEliminated barriers like economic barriers that prevent people from pursuing legal action