What actually happens during a civil procedure? Assume Bjorn runs a red light and hits Kate's car, damaging the car and injuring Kate. In regards to the actual criminal offence, the Crown can press charges against Bjorn for breaking the law. Kate, must decide if she has charges against Bjourn for the accident. If Kate thinks she has grounds to sue, she must then decide on the proper court (small claims or her provincial supreme/superior court) in which to proceed. 

Filing and Serving a Claim

Assume that Kate's action begins in small claims court. Her first step is to file a statement of claim, which must include the following:

• her full name and address
• the amount of money she is claiming
• a brief, clear summary of the reason for the claim

After completing the claim, Kate mails or hand delivers it to the court clerk, along with the required filing fee. The fee is the cost of handling the claim. The  amount depends on the amount the plaintiff is claiming. Once the claim has been processed by the court, it must be served on the defendant. It may be delivered personally by Kate, by a friend or business associate, or by a private process-serving agency so the court knows the defendant received the claim. Civil actions must be brought within a certain period of time following the event. This is called the limitation period, which is outlined in each provinces Limitation's Act. These range from two to five years, depending on the reason for the claim. 
When Bjourn receives the claim, he has 10 to 30 days to respond, depending on the province. He has 3 options:

1. Accept total responsibility and settle the claim.
2. File a defense, explaining his version of the event.
3. Do nothing and ignore the claim.

Thomas v. Hamilton (City), Board of Education, 1994 CanLII 739

Jeffry Thomas was an athletic 16 year old student at Scott Park Secondary School. He was one of the best and most experienced players on his school's junior football team. Football skills were taught as part of the regular classroom P.E. program. They were also offered as an extracurricular activity in Hamilton high schools. Games were coached by teachers selected by the school principal. Students were eligible to play junior football if they were not older than 15 years at the beginning of the school year. Students had to provide a permission form signed by their parents and a medical certificate indicating that they were fit to play football.
Thomas played football and basketball, rode his bike, jogged and lifted weights four times a week. By the fall of 1982, he was 6 feet tall and weighed 150 pounds. In October 1982, during a football have, Thomas tackled an opposing player headfirst and went crashing into the punt returner's hip. Thomas was running at jogging speed or faster. All witnesses agreed that the contact between the two players was substantial, and that Thomas's body was extended but his head was not up at the point of contact. He and the other player had been taught to tackle with their shoulders, not their heads, and told that contact should be made with a shoulder. Thomas suffered serious injury to his cervical spine, which left him quadriplegic. Thomas and his family sued the school board and the football coaches.
​further reading go to CANLII 739 (ON C.A.)
www.canlii.org/en/on/onca/doc/1994/1994canlii739/1994canlii739.html?autocompleteStr=Thomas%20v.%20Hamilton%20&autocompletePos=1For 

ASSIGNMENT #1 - LGS3040 CIVIL LAW

Create a Google Document and using your textbook answer the following questions:
1. Define the following terms: "balance of probabilities", 'litigation", "tort law".
2. List the five main branches of civil law, and provide two examples of each.
3. Identify the main purpose of tort law.
4. List 5 examples of cases heard in small claims court.
5. What are the 3 options available to a defendant who has just received a plaintiff's statement of claim?
6. What is the purpose of an examination for discovery, and what are its benefits?
7. What is a class action lawsuit, and what are the benefits of joining such an action.