Law Unit 4 - Civil Law

• Definition: Civil law governs the relationships between individuals or businesses, dealing with disputes (not crimes).

How Civil Cases Work

1. Only the victim (plaintiff) can bring an action to court, claiming injuries.

2. Defendants must defend themselves against these claims.

3. The process is called litigation.

4. Civil cases are decided on the balance of probabilities (not beyond a reasonable doubt).

5. Judges decide which side is more credible.

6. If the plaintiff wins, the defendant may have to pay compensation (remedy).

Courts for Civil Cases

1. Small Claims Court (People’s Court):

   • Handles claims up to $35,000.

   • Judge alone; no lawyers are needed.

2. Ontario Supreme Court:

   • Handles more complex cases or those exceeding $35,000.

   • Decisions can be appealed to the Ontario Court of Appeal.

Key Terms

• Plaintiff: The person or party initiating the lawsuit in a civil trial.

Damages Awarded in Civil Cases:

1. General:

   • Pecuniary: Loss of income, future earnings, or cost of future care.

   • Non-Pecuniary: Pain, suffering, and loss of enjoyment of life.

2. Specific: Covers out-of-pocket expenses (e.g., medical costs before the trial).

3. Punitive:

   • Designed to punish defendants for offensive behavior.

   • Often public in nature (e.g., $50,000–$1,000,000).

4. Aggravated:

   • Additional damages for offensive behavior.

   • Usually ranges between $10,000–$100,000.

5. Nominal:

   • A small, symbolic amount (even $1) awarded when the plaintiff has suffered little but still won.

Negligence

• Definition: The most common tort law, involving a careless act that causes harm to another.

• Characteristics:

  • Unintentional and unplanned injuries.

Duty of Care

• Legal obligation to avoid harm to others. Examples:

  • Drive responsibly.

  • Ensure the safety of visitors on your property.

Defamation

• Definition: A written or spoken statement that injures another person’s reputation.

  • Slander: Spoken defamation.

  • Libel: Written or visual defamation (e.g., videos, pictures).

Party Host Responsibilities

• Legal Obligations:

  • Avoid serving alcohol to intoxicated people.

  • Arrange a designated driver or alternative transportation.

  • Call a taxi or let guests stay overnight.

Alternate Dispute Resolution (ADR)

1. Informal Talk: Resolving conflict through open discussion.

2. Negotiation: Reaching an agreement acceptable to all.

3. Mediation:

   • Required before trials in some cases.

   • Involves a neutral third party helping resolve disputes.

4. Arbitration:

   • A neutral person listens and makes a binding decision.

5. Court Action: When one party sues the other in court.

Incapacity in Contracts

• Contracts may be void if entered by:

  • People with Mental Disabilities: Unable to make binding decisions.

  • Intoxicated Individuals: Impaired judgment can invalidate agreements.

  • Minors: Contracts are void if unfair or not in their best interest, unless for necessities.

Marriage Laws in Canada

• Legal Age to Marry:

  • Without parental consent: 18 years old.

  • With parental consent: 16 or 17 years old (if both parents agree).

Types of Marriage:

1. Valid: Recognized legally.

2. Void: Not recognized by law (e.g., due to bigamy).

3. Voidable: Legal but may be annulled in court (e.g., issues like fraud).

Common-Law Relationships

• Couples living together for 3+ years are recognized as having a marriage-like relationship.

Marriage and Divorce Notes

1. Marriage Ceremonies:

   • Can be performed by licensed officials or at the civil court.

2. Children in Divorce:

   • Welfare decisions prioritize the child.

3. Proposals: Engagement rings are not enforceable legally.

4. Legal Representation: Recommended for divorce proceedings.

Civil Law & Minors

• Age of Majority: Limits legal capacity to enter contracts, own property, or make binding decisions.

• Parental Consent: Typically required to validate agreements involving minors.