Tort Law

1
Tort Law

• Civil Remedies

2
Civil Law and Criminal Law

• Although the largest difference between civil law
  and criminal law is that civil law is between two
  parties, and criminal law is between society and
  one person, civil law does have more differences.
• The reason for civil law is to repay the victim
  and make their life as close to what it would
  have been before the crime or tort. Usually the
  plaintiff is seeking a certain amount of monetary
  claim to ensure their safe future.

3
Civil Remedies AvailableGeneral Damages

• General damages can be split into two categories
  pecuniary, and non-pecuniary losses.
• Pecuniary losses are losses for which a judge or
  jury could estimate a value for.
• For example if someone was going to enter a
  particular trade, but couldnt because of an
  injury a jury may award general damages of the
  average income for that trade for the lifetime of
  the victim.
• Non-pecuniary losses are a little more difficult
  to estimate value. Non-pecuniary losses are
  payments for things like lost quality of life and
  pain and suffering
• In Canada a soft cap has been placed on
  non-pecuniary losses, of approximately 250,000

4
Civil Remedies AvailableSpecial Damages

• Special damages are much like pecuniary general
  damages, except special damages can be calculated
  not estimated.
• Special damages including anything that you would
  have a receipt for. They could include lost
  wages waiting for the trial, legal costs, medical
  costs, repair costs. etc.

5
Civil Remedies AvailablePunitive Damages

• Punitive damages or exemplary damages are damages
  meant to punish the defendant.
• Often punitive damages are used to prevent crimes
  from happening again. Punitive damages are used
  when the defendant has not already been punished
  in criminal court.
• Punitive damages are not commonly assessed in
  Canadian Civil Court.

6
Civil Remedies AvailableNominal Damages

• Nominal damages are often used by a judge to
  signify that the plaintiff has won the argument
  but did not suffer any damage as a result of the
  wrong. Nominal damages are only symbolic
  monetary amounts.
• Typically, a nominal damage would be set at 1

7
Civil Remedies AvailableInjunctions

• In some cases the plaintiff is not seeking any
  monetary damages but is trying to end an ongoing
  tort.
• For example someone being harassed by prank
  callers may ask for an injunction that they might
  lose their access to a telephone if they continue
  to call.

8
Enforcing Judgment

• Its all great to be able to say you owe him or
  her 1.5 million but its a whole other thing to
  get someone to pay.
• There are two major ways to help get the
  defendant to pay the plaintiff.
• Garnishment (wages or debts)
• Seizing Assets (homes, cars, land, stocks)

9
Homework

• Read pages 279-285 and answer
• RYR questions on p282 1-7
• RYR questions on p283 1-4
• Issue questions on p285 1-5