civil tort law 1.trial procedure 2.civil remedies (tort action) 3.enforcing judgment 4.alternative...
TRANSCRIPT
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