Civil Law

Tort

A civil wrong or injury

Small claims court

The court to resolve claims of $10,000 or less ($35,000 in Ontario)

Balance of Probabilities

The standard of proof in a civil case meaning “more probable than not”

Litigation

Legal action to settle a civil dispute

Litigant

One of the parties involved in a civil action; the plaintiff or defendant

Plaintiff

The person/party who initiates a lawsuit in a civil case

Defendant

The person/party being sued in a civil lawsuit (the accused)

Statement of Claim

The legal document in a civil action outlining the plaintiff’s case

Statement of Defense

The defendant’s response to the plaintiff’s complaint

Limitation period

A time period imposed by law

Default judgement

Judgement for the plaintiff as a result of the defendant’s failure to respond to the plaintiff’s claim within the time allowed

Examination of discovery

In civil cases, a pre-trial process to learn all the other side’s evidence

General Damages

Court ordered compensation for proven losses in a civil action

Pecuniary Damages

Monetary, compensatory awards for quantifiable financial losses resulting from an injury or accident

Non-pecuniary Damages

Non-monetary, subjective losses in personal injury law that compensate for pain, suffering, loss of enjoyment of life, and loss of amenities. Compensated with money

Special Damages

Compensation for out of pocket expenses

Punitive Damages

Compensation to punish the defendant for malicious behaviour

Aggravated Damages

Compensation awarded for humiliation and mental distress

Nominal Damages

Compensation awarded as a moral victory to a plaintiff who has not sustained any actual losses (often $1)

Garnishment

A court order that money by a defendant to a plaintiff be paid out of the defendant’s bank account or wages

Alternative Dispute Resolution (ADR)

A process designed to resolve conflicts without formal trials

Mediation

A process whereby a neutral third person tries to help the parties settle the dispute out of court

Arbitration

A process whereby a neutral third party hears from the parties and makes a final binding decision.

Negligence

A careless act that causes harm to another

Nuisance

An unreasonable use of land that interferes with the rights of others

Duty of care

A specific legal obligation to not harm other people on their property

Standard of care

The level of care expected of a person in specific circumstances

Reasonable Person

The standard used to determine if a person’s conduct was negligent

Forseeability

A reasonable person’s ability to anticipate a specific result of an action

Causation

When the defendant’s action was a direct factor that led to the plaintiff’s damages

Contributory Negligence

When the victim’s actions caused all or part of the damages suffered

Voluntary assumption of risk

The acceptance of factors that may lead to harm or injury

Waiver

A document that releases a party from liability in the event of accident or injury. Not always enforceable

Inevitable accident

An accidents banned that could not have been prevented even if everyone was acting reasonable

Motor Vehicle Negligence

When someone causes an accident while not being responsible on the road

Vicarious Liability

In certain relationships, when a person is held responsible. For another’s tort

ex: If you lend someone your car, and they get into a crash and injure someone, you are still liable because it’s your car.

Allurement

Something that is enticing to children and can result in their harm

Malpractice

Improper or negligent professional treatment

Informed consent

Agreement to a particular action with full understanding of the risks

Trespass

Presence on another’s property without consent or legal right

Battery

Intentional physical contact that is harmful or offensive to another person

Defence of others

When someone uses reasonable force to protect someone from being hurt

Defence of property

When someone uses reasonable force to protect their property

Libel

When someone writes or publishes a false statement that harms their reputation

Slander

Defamation through verbal communications

Defamation

Injury to a person’s character or reputation

Qualified priviledge

A defence against defamation for expressing honest opinions as part of a job

Malice

The intention to harm another

Fair comment

A defence to defamation for comments made in good faith

What is Civil Law?

Civil Law regulates legal relationships between individuals, business, government, and parties

Tort Law

A wrong or injury (other than breach of contract), which may be intentional or unintentional; the basis for a branch of civil law

What is an Intentional Tort?

You intended to commit the crime and someone suffered a loss as a result

Levels of civil court

1. Small Claims Court

2. Provincial Supreme Court/Court of King’s Bench

3. Court of Appeals

4. Supreme Court of Canada

What are the 3 characteristics to negligence

1. The action is intentional/unintentional

2. It is unplanned/planned

3. An injury/loss results

Liability

The state of being responsible for something, especially by law

Ongoing Liability

If you injure someone in a car accident, you are liable for their ongoing injury

The thin-skulled person

A person’s weak constitution is no excuse for injuries incurred due to negligence

What is the “but for” test?

The court asks — “but for” the actions of the person this accident would not have occurred

Proximate Cause

The harm was closely and directly caused by someone’s actions

What are some defences to negligence?

• No duty of care

  • No legal obligation

• No breach of standard of care

  • Acted as a reasonable person

• Lack of causation

  • Actions weren’t the proximate cause

• No damages

  • No physical or financial loss

• Contributory Negligence

  • Plaintiff bears some responsibility

• Voluntary assumption of risk

  • Playing a contact sport

• Informed consent

  • Know of the risk you are taking

What are the 5 types of civil law?

• Tort Law

• Family Law

• Contract Law

• Labour Law

• Property Law