1. Civil Courts: Judgment and Civil Remedies
Lesson 25
CLU 3MR

2. Civil Courts: Judgment and Civil Remedies
Learning Goal: Recognize how civil cases are judged and remedied
Civil Courts
Civil Remedies
Enforcing a Judgment
Looking Back: page 373

3. Civil Courts: Small Claims Court
Purpose: Simple and inexpensive way to settle disputes
$ maximum
Informal, with judge only
Both parties tell their story
Minor car accidents, unpaid bills, landlord/tenant disputes

4. Superior Court of Justice
Purpose: Hears appeals and cases over $25 000
By judge, or judge and jury
Usually argued with lawyers because they are more complex
Serious car accidents, medical malpractice, breach of contract

5. Court of Appeal of Ontario
Purpose: hears appeals from small claims or superior court (lower courts)
Heard by 3 or more judges (majority rules)
Dissenting judges will explain why
Federal Court of Canada (Trial and Appeals Divisions)
Purpose: deals with cases involving the federal government and its employees
Income tax, patents, maritime disputes (oceans), etc
Appeals division hears appeals

6. Supreme Court of Canada
Purpose: Hears cases which it feels are of national importance
This is an appeals court only
May issue unanimous or split decisions

7. Civil Remedies General Damages Those that cannot be easily calculated
Pecuniary damages: for loss of income and future earnings, and cost of specialized care
Non-pecuniary damages: for pain and suffering, and loss of enjoyment of life
Pecuniary=> related to money

8. 2. Special Damages
Compensation for out-of-pocket expenses
Things that can be calculated
Hospital costs, therapy, etc.
3. Punitive Damages
As punishment for bad behaviour
Usually not used if criminal convictions have been made

9. 4. Aggravated Damages
Awarded for humiliation and mental distress
5. Nominal Damages
To recognize a moral victory when actual harm has not occurred
Just a small sum ($1-$100)

10. Injunctions
Court orders that direct the defendant not to do something
Keep noise levels down
Refrain from dumping pollutants into a lake, etc.

11. Contingency Fees
When lawyers agree not to take payment until the end of the case
Canadian provinces regulate the percentage that lawyers can take

12. Enforcing a Judgment How damages are paid out
Defendant must have money, assets, and/or wages that can be seized
Examination of the Debtor
When the defendant refuses to pay, the plaintiff makes this happen
D is examined under oath to find out about ability to pay

13. 2. Seizing Assets
Take legal possession of D’s property
Court sells items and gives proceeds to P
3. Garnishment
Court order that takes money from D’s account or wages

14. Costs
Losing party often has to pay court costs for the entire case
However, could come out of the damages awarded to the P

15. Task:
Looking Back, page 373 Complete and hand in questions 1, 2, & 4.