Civil Tort Law

1. Trial Procedure2. Civil Remedies (Tort Action)3. Enforcing Judgment4. Alternative Dispute Resolution

1. Trial ProcedureFilling and Serving a Claim•Do you have cause for action? Valid claim•File the claim – summary of the case, $•Defendant served – 10 to 30 day to pay

Defence or Reply•Document outline reason for disagreeing with the plaintiff•10 to 30 days

Payment into Court•Defendant feels plaintiff is entitled to a portion of the claim•Plaintiff can accept or reject

Counter Claim•Defendants claim that the Plaintiff is actually at fault•Defendant makes own claim

Third Party Claim•3rd party believed partially at fault•Same trial, all 3 parties

Default Judgment•Defendant fails to respond within the limitation period – Judge rules in favour of the plaintiff

Out-of-court Settlement•Court is the last option•Litigants must weigh the proposed offer with the chance of winning

Pre-trial Conference•Meeting with both litigants and judge/referee•Judge may suggest which side is favoured•Last chance to settle out of court

2. Civil Remedies / Tort Action

General damages:– Pecuniary damages “money”

• Loss of actual income and future earnings– Non-pecuniary

• Assigning dollar value to pain and suffering– Judge / jury discretion (difficult to determine)

Special damages:– Compensation for out-of-pocket expenses spent

before the trial due to the tort • Hospitalization / car rental / loss of income…

2. Civil Remedies / Tort Action continued

Punitive damages:– Additional damages awarded to punish the defendant for bad or

insensitive behaviour– Intended as a deterrent

Aggravated damages:– Awarded when defendants behaviour is outrageous and harms

the plaintiff– Intended compensate the plaintiff

Nominal damages:– Small sum to demonstrate the Judges support for the plaintiff

3. Enforcing Judgment• At the initiation of the Plaintiff

Examination of the Judgment Debtor– Debtor examined under oath, all assets assessed– Agreement reached on how much the Debtor can pay– Installments arranged

Garnishment– 3rd party remedy– Court order has 3 party pay the plaintiff what that 3rd party

otherwise owed the Debtor

Execution or seizure of Assets– Courts take legal possession of Debtors property and sell it to at

public auction to settle the judgment

Enforcing Judgment Alternative Sources of Compensation

• Motor vehicle liability insurance

• No-fault motor vehicle insurance

• Workers compensation

• Criminal injuries compensation

4. Alternative Dispute Resolution –ADRAll cheaper and faster than trial

Negotiation:• Informal and voluntary

• 2 parties come up with a mutually agreed remedy

Mediation:• Neutral 3rd party – advisor only

• Helps parties reach an agreed remedy

Arbitration• Formal process

• Neutral 3rd party with knowledge of the topic

• Hears both sides and sees all evidence

• Reaches a decision and draws up a legal contract

• Winner and Loser

Party 1

Party 1

Party 2

Party 2

Party 1 Party 2

Mediator

Arbitrator