CIVIL LAW Damages!

KINDS OF CLAIMS

GENERAL DAMAGES SPECIAL DAMAGES PUNITIVE DAMAGES NOMINAL SPECIFIC PERFORMANCE INJUNCTIONS

GENERAL DAMAGES

I 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?

GENERAL DAMAGES

II 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 $280 000 (recently increased from $100 000 due to

inflation) WHAT DO YOU THINK?

SPECIAL DAMAGES

-compensation for out of pocket expenses

Example: medication, therapy, ambulance services, medical expenses, lost income (fixed period of time), car repairs

PUNITIVE DAMAGES

– punish the defendant for reprehensible /malicious conduct

Example: false imprisonment or arrest, assault, battery, libel and slander

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

SPECIFIC PERFORMANCE

-court order compelling someone to fulfill the terms of a contract

Example: 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!

INJUNCTIONS

a court order requiring someone to do or not do something

Mandatory injunction – to do Prohibitory injunction – forbid to

do*These may be permanent or temporary

Example: apply dangerous chemicals, copyright trademarks, force striking workers to return to work

ENFORCING A JUDGEMENT

You are on your own. The court doesn’t cut a cheque.

But….if the defendant doesn’t pay you can take the following steps:

ENFORCING A JUDGEMENT

Examination of a Judgment Debtor – being questioned under oath to find out about the debtor’s assets

Garnishment – courts can order a % of wages, bank accounts be deducted to pay to plaintiff

Execution or Seizure – sheriff seizes assets of debtor and sells them

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 insurance

II No Fault Insurance – provides immediate funds without evidence of fault

III Worker’s Compensation – provincial Workers Compensation Fund

IV Criminal Injuries Compensation – criminal injuries compensation boards have been created to compensate innocent victims when the assailant doesn’t have any assets or insurance.

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?

Class action suit – a lawsuit initiated by a group of people over a complaint common to all.

Examples? Page 369-370 Google Class Action

Benefits

Avoid the necessity for many similar lawsuits

Similar claims are treated similarly Eliminated barriers like economic

barriers that prevent people from pursuing legal action