Civil Liability

1. Civil Liability Aims and processes

2. What would happen if…. • You all won a sunny vacation to Cancun.

3. What are torts? • Torts are intentional or unintentional wrongs which are compensable in damages • Two types… • Intentional ie. Assault, Defamation, Trespass to Chattels (goods), Trespass to land, Nuisance • Unintentional ie. Negligence (not being careful enough)

4. What are torts NOT? • They’re NOT crimes! • You have to pay your own lawyer to sue! • The government has nothing to do with it! (unlike crimes, where THEY do all the work) • If you sue, you become the PLAINTIFF – the one who sues. • If you are being sued, you become the DEFENDANT – the one being sued.

5. The objective of tort law • The objective is to put the plaintiff, in terms of money, in the position he or she would have been had the tort not happened. • This is done through an award of DAMAGES to compensate the plaintiff for the harm done.

6. The stages of Civil Litigation • Pleadings • Plaintiff files a STATEMENT OF CLAIM outlining all of the CAUSES OF ACTION he or she has against the defendant http://www.sommersandroth.com/cases-caputo-soc-amend.htm • Defendant files a STATEMENT OF DEFENCE outlining why he or she is not LIABLE to the Plaintiff for damages and possibly…. • A COUNTERCLAIM against the Plaintiff for claims or a CROSSCLAIM against someone else who might have caused the Plaintiff`s loss. http://rc.lsuc.on.ca/pdf/ht/civSampleStatementDefCntrclaimXclaim.pdf

7. Stages of Civil Litigation cont` 2. Affidavit of Documents • Each side provides the other with all of its documents which are relevant to the action. • Examination for Discovery • Each side gets to ask questions of the other side about its pleading and its documents • On oath • Pretrial Conference/Mediation • With a judge • Discuss possibilities for settlement 5. Trial

8. Problems with suing people • Would you sue a poor person • Would you sue a corporation • What would you have to know first