2. Chapter 11 Resolving Civil Disputes zCivil Law - private law zPrimarily to compensate victims zTort - “a wrong” yintentional or unintentional (negligent) zAccidents,injuries to a person property or reputation, divorce child custody support, and contract disputes are all examples zActs as a deterrent

3. Civil courts zSmall claims court y-max claim set by province($3-10,000) yinformal, no jury seldom lawyers zProvincial Supreme court ymore complex yi.e. medical malpractice, serious car accidents

5. zCourt of Appeal y3 judges ydecisions often split zFederal court of Canada ytax fraud, patents, copyright, federal employees zSupreme Court of Canada yHighest court of appeals only on important legal issues

6. Civil Trials zPlaintiff- suing zDefendant - being sued balance of Probabilities zOutcome based on balance of Probabilities yplaintiff does not have to prove beyond a reasonable doubt yprove event occurred the way you claim yMust have a valid reason for suing (cause of Action) Litigation

7. Cause of Action ( small claims court) zFile a claim zDefence (Reply) zPayment to court zCounterclaim or Third Party Claim zDefault Judgement zOut of Court settlement

8. Judgements zMay “reserve judgement” until all facts and laws are reviewed zDamages- General- yloss of income yPain and suffering (loss of enjoyment of life) zSpecial damages - out of pocket expenses i.e. lost wages

10. zPunitive damages yintended to punish the defendant- not usual for cases where the defendant has received criminal punishment zAggravated damages ysimilar to punitive but punishes intentional behaviour zNominal damages ylittle money but a moral victory zInjunctions ycourt order to do or not do something zCosts- loser often pays court costs

11. Enforcing Judgements zLosing Party (Debtor) may try not to pay zGarnishment yBank account and wages seized zSeize assets zExamination of Debtor yexplain under oath why you can not pay yinstalment plans may be made

12. Law School Lawsuit Threatens Academic Freedom