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CIVIL LAW
NOTE: This unit will include a unit test.
You are responsible for all terms and
concepts covered. Please come see me
for support if you need it.
Consider the following:

Sara and Shelley went to an electronics
store to purchase a DVD player. As they
were leaving, Shelley tripped on the
corner of a carpet that had not been
properly secured, she fractured her
ankle. Because Shelley was unable to
work as a snowboard instructor during
peak season, she lost income for six
weeks.
Consider the following:

Mr. and Mrs. Graham are divorced. Mr.
Graham has custody of their three
children. Because his job requires that
he stay out of town overnight during the
week, he has to hire a live-in caretaker.
Mrs. Graham agreed to share this
expense as part of her support
payments. Mrs. Graham has since
stopped making her support payments to
Mr. Graham.
Consider the following:

Mandy had contracted with Big Top
Roofers to replace the rood on her 30
year old house. After she paid for the
job, she discovered that the quality of the
shingles used was inferior to the quality
specified in the contract.
The previous scenarios all fall under
private or civil law.
Private (Civil) Law
Deals with disputes between persons
and between individuals and companies
 Individuals can also sue the state
(government) for matters of a private
nature

Example: an individual can sue the
government in tort law if he or she suffers
personal injury while visiting governmentowned premises.
Parties Involved in Civil Actions

Litigants: the parties involved in a civil
action
v. Jones – Button is suing Jones
 Rodriguez v. British Columbia (Attorney
General) – Rodriguez is suing the
government
 Button
How do these citations look different
than a criminal citation?
Parties Involved in Civil Actions

Plaintiff: the party initiating a legal action

Defendant: the party being sued in a civil
action
Miller v. Devenz
Who is the plaintiff?
Who is the defendant?
Civil Terms

Litigation: legal action to resolve a civil
dispute

Damages: compensation (usually $) for
a wronged suffered
Balance of Probabilities

The weighing of evidence to decide
whether it is the plaintiff’s or defendant’s
version of the events that is more
convincing or likely to be correct.

The onus is on the plaintiff to prove the
case on a balance of probabilities (standard
of proof is not as high as in a criminal trial)
Who has the burden of proof in a criminal trial?
Minors and Parties with Disabilities

Next Friend: an adult who represents a
child or a person under a disability who
initiates a civil law-suit

Guardian Ad Litem: the person appointed
to act on behalf of a minor or person
under a disability who is being sued
Minors and Parties with Disabilities

In April 1990, 3 year old Lorrie was
struck by a car. Lorrie was hospitalized
for three days with follow-up visits to her
family doctor and paediatrician. Lorrie’s
mother sued the driver on Lorrie’s behalf.
What legal role did
Lorrie’s mother play?
Courts for Civil Actions

Complex civil
actions
 Those involving a
significant amount
of money

Less serious matters
Small Claims Courts
Superior Court
Civil Action
Launching a civil action is:


Complicated and Stressful
Not guaranteed to be successful
P.340 (OLD) and P.388 (NEW) show
the stages of a Civil Action
Pre-Trial Conference

Meeting of the litigants, their lawyers,
and a judge where an attempt to agree
on a settlement is made before going to
trial. (Settle out of court)

If the parties fail to reach an agreement a
different judge will be appointed to hear
the case.
Settlement Out of Court

If a person refuses to accept a
settlement offer that turns out to be as
good as or better than the result that the
refusing party obtains at trial, the
refusing party is usually penalized by
having to pay the costs of the other
party!
Trial

Civil court procedures are similar to
criminal court procedures

The plaintiff OR the defendant can
request a jury trial (up to the discretion of
the court to grant the request)
The Cost of a Civil Trial
Court can order plaintiff to provide
security for a defendant’s legal costs
 Plaintiffs are required to post security to
ensure that court costs will be covered or
to deter frivolous lawsuits
 Security is usually ordered when the
plaintiff does not live or own property in
the province

The Cost of a Civil Trial

The litigant that loses a case in civil court
is responsible for the damages awarded
by the court.

He/She may also be required to pay part
or all of the legal costs of the other
litigant.
How does this help to avoid frivolous law suits?
There are also appeals in civil trials,
just as there are in criminal trials.
Class Action Law Suit

A lawsuit filed by one or more individuals
on behalf of a group

Enables average citizens with a common
complaint to challenge large corporations
or private individuals with a lot of $$$.
The Defendant: responding to a
plaintiff’s complaint

Statement of Defence: sets out the
defendant’s version of the facts

Counterclaim: Defendant is denying any
liability for the plaintiff’s claim AND is stating
an independent cause of action against the
plaintiff (claiming he/she is partially or
completely at fault)

Third-Party Claim: Defendant denies liability,
either completely or partially, and blames
another party for the plaintiff’s loss.
See p.341 (O) or p.390 (N)

Draw a picture/diagram/flow chart that
shows:
The citation
 The plaintiff
 The defendant
 What civil action has been taken
 How the defendant responded

Ricardo v. Fran
R
You were speeding. I hit
my head on the
I’m
suing you!
windshield
because you
were unable to stop
when the dog ran out in
front of you!
Plaintiff
Ricardo v. Fran
F
I want
was not
to make
speeding!
a
counterclaim
(defence)
– it is
your fault you were
injured because you
were not wearing your
seatbelt!
Defendant
Damages

Pecuniary Damages: monetary
compensation ($) for losses that can be
calculated
Future earnings
 Lost earnings
 Cost of future care
 Etc….

Damages

Non-Pecuniary Damages: monetary
compensation ($) for losses that
CANNOT be calculated

Pain and Suffering
Difficult Questions

Shouldasomeone
whoacan
tolerate
a of
Would
student with
good
prospect
great deal
of pain receive
lesscareer
money
having
a professional
athletic
than someone
highly sensitive
to
suffer
a greaterwho
lossisbecause
of the loss
pain?
of
a leg than a student who does not
have that prospect?
Difficult Questions

Courts use stare decisis to award nonpecuniary damages.
 There is an upper limit in Canada for the
maximum compensation that can be awarded
for non-pecuniary damages.
What maximum would you set?
With inflation, the max. in
Canada is now ~$311 000
Other Damages

Special Damages: compensation for out of
pocket expenses

Punitive Damages: damages imposed to
punish the defendant

Nominal Damages: minimal compensation to
acknowledge a moral victory
Read about Alternative Dispute Resolution on
p.358 (O) or 406 (N) – complete the following
Definition
Who makes
decision
Negotiation
Mediation
Arbitration
Advantages Disadvantages
What are the pros
and cons of
alternative dispute
resolution?