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Civil Law

Civil Law. CLU3M Unit 4. Private Law. Public Law- criminal (Criminal Code violations), constitutional (government responsibilities and the Charter) and administrative (government service provisions, OHRC, etc…)

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Civil Law

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  1. Civil Law CLU3M Unit 4

  2. Private Law • Public Law- criminal (Criminal Code violations), constitutional (government responsibilities and the Charter) and administrative (government service provisions, OHRC, etc…) • Private Law- tort, contract, family, wills and estates, property and labour/employment • Private law deals with disputes between persons and individuals and companies • The purpose of civil law is compensation

  3. Private Law • Public: Crown vs. defense (accused) • Private- Plaintiff (the party that initiates litigation- legal action) the Plaintiff will always be suing to receive damages (compensation) • Private- defendant- the party whom the action is taken against • Public citation: R. v. Brogue • Private citation Bergman (plaintiff) v. Blais (defendant)

  4. Mitchell (Guardian ad litem of) v. James (2007) Kelsey Mitchell (6) was playing with a friend when she decided to run home and get her bicycle. As she crossed the street a car struck her. Guardianship of Mitchell sued Brian James for negligence. James was driving the speed limit however there were signs indicating that there were children playing. James stated he was taking every reasonable precaution and it was simply because Mitchell ran out into the street. What would the trial judge have to consider?

  5. Mitchell (Guardian ad litem of) v. James (2007) • Was James Negligent? • Where Kelsey Mitchell’s Parents also negligent by contributing to the accident in some way? • Did Kelsey herself contribute to the accident? • The judge determined that James was 75% liable- he may have been driving the limit but he should have been able to see a child running down a driveway and therefore could have easily avoided her • The judge determined that the parents had taught their daughter the rules of the road for her age. They exercised the normal standard of care for parental supervision. • The judge determined that Kelsey was 25% liable for her accident- she knew the rules of the road and she failed to follow them.

  6. Civil Action • Small Claims Court (up to $25,000 claims) • Anything higher goes to the Superior Court of the Province • See handout for stages of a Civil Action • Pleadings are documents that are formal allegations by parties regarding their claims and defences

  7. Civil Action • Class Action lawsuits- are legal cases filed by one or more individuals on behalf of a group

  8. Baryluk v. Warner Brothers Entertainment Inc. (2005) Plaintiff is a member of a band called “the Wyrd Sisters”. She was seeking an injunction* to prevent the defendants from distributing the motion picture Harry Potter and the Goblet of Fire. The plaintiff alleges that there is a short clip featuring a performance by a three member band. The plaintiff claims that the band in the clip is called “The Weird Sisters” from the book the movie is based on. Baryluk states that the name Wyrd Sisters has been her registered trademark for 15 years. She is suing for $40 million. Defendants claims that they make no mention of the name of the band in the movie and they have no intention of doing it The court denied the plaintiff’s claim, stating it was highly unlikely that people will confuse a folk group from Manitoba with a group based on a Harry Potter novel, therefore there is no case and no need to remove the clip from the movie.

  9. Summary • Civil courts try to determine the balance of probabilities- on a scale which story carries the most weight (correctness) • Has the defendant breached the standard of care of a reasonable person in society • Has the defendant intentionally caused harm to an individual (this can overlap with criminal law) • To what extent is the defendant and/or plaintiff liable for the loss suffered • What type of damages will be awarded*. There are many different types that we will discuss.

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