Private/Civil Law:

Procedures Used for: Several Branches: Disputes between persons Disputes between individuals and companies Disputes between individuals and the state Several Branches: Tort Law, Contract Law, Family Law, Wills and Estates Property Law and Employment Law

Parties Involved Plaintiff/Litigant- the citation distinguishes civil cases from criminal E.g. Chin vs. Riverside Secondary (Chin = plaintiff and Riverside Secondary = defendant) Balance of Probabilities – lower burden of proof than a criminal case Minors/People with Disabilities – if you are under the age of 18/19 (depending on the province) you need an adult or legal guardian to act on your behalf.

Stages of Civil Action The start of a civil law suit varies by province: Cause of Action (reason for suing) Writ of Summons – issued by the court, informs the defendant that they are being sued and orders a response Statement of Claim – a court document that outlines the facts and remedy

Most civil cases are heard in the Provincial Court More serious civil cases are heard in the Supreme Court of the Provinces Civil cases heard at the Supreme Court of Canada are binding on all lower courts Most cases are heard by a judge alone A jury consists of 6 members and a majority vote is all that is required

Defence Options A Defendant can: ignores the summons/statement but the judge will award a default judgment against the defendant file a statement of defence - a response that has the defendant’s version of events Counterclaim – action against the plaintiff by the defence Third party claim – defendant denies liability and blames another party for the plaintiff’s loss

Examination for Discovery/Documents Each side gets to examine the evidence This prevents the elements of surprise and both sides gets to assess the strengths/weaknesses of the case Examination of Documents: Affidavit of documents – any documents that are being used in trial must be disclosed right up to the trial itself

Settlement Out of Court Either party can make an offer to settle The court can require you to pay the court costs if you refused the offer to settle and your judgment was less than the offer Security is posted by the plaintiff to cover court costs and is held by the court until the court determines what costs will be paid and by whom A defendant who loses a case can be responsible for damages awarded by the court and part or all of the legal costs of the litigant and the court costs

Appeals An appeal is based on a question of law of a question of fact – the judge made a mistake about the facts, the law or how the law applied to the facts Class action suit – a law suit filed by one or more individuals on behalf of a group

Civil Remedies Pecuniary damages – money that is awarded to determine how much the plaintiff actually lost Non-Pecuniary damages – measuring a monetary on personal loss e.g. pain and suffering Specific performance – a court order that requires a contract is fulfilled Injunctions – a court order requiring someone does or does not do something

Enforcing a Judgment It is up to the plaintiff to collect the money The cheque must come from the defendant If the defendant does not pay or have the money: Garnish wages Assets can be seized