Remedy for Injury
In Liebeck v McDonald's Restaurant, 1994, an American civil jury awarded Stella Liebeck $2.9 million dollars. She suffered third-degree burns when she spilled a cup of hot coffee on her lap. The trial judge reduced the award to $640 000. The parties settled for a confidential amount before an appeal. Many Canadians regard civil suits like Stella Liebeck's as frivolous. What do you think?
What are the differences between criminal and civil law?
Civil law is also known as private law. It regulates disputes between individuals. It also regulates disputes between individuals and organizations such as businesses or governments. Society does not have the same interest with regulating civil disputes as it does with criminal matters. Civil disputes only directly concern the parties directly involved, not all of society. Criminal law's main purpose is to punish the offenders and to protect society from dangerous people. Civil law's main purpose is to compensate for harm.
Typical Civil Actions:
Typical Civil Actions:
- Tort law
- Family law
- Contract law
- Labour law
- Property law
Trial Procedures and Civil Courts
Civil actions involving large sums of money or complex issues are tried in the province's supreme/superior court, and they might be appealed in the provincial court of appeal. The role of the courts in civil disputes is to provide a way of resolving conflicts. One court that deals specifically with smaller civil action is Small Claims Court.
Small Claims Court, "the people's court", provides an informal and inexpensive way to settle disputes. The judge allows both parties the chance to explain their side of the story. The parties are not expected to know legal procedures. In most cases, the parties represent themselves in simple disputes, although they may use lawyers for more complex cases.
Typical Small Claims Actions
Small Claims Court, "the people's court", provides an informal and inexpensive way to settle disputes. The judge allows both parties the chance to explain their side of the story. The parties are not expected to know legal procedures. In most cases, the parties represent themselves in simple disputes, although they may use lawyers for more complex cases.
Typical Small Claims Actions
- breach of contract
- claims for minor accidents
- damage to property
- recovery of property
- unpaid bills
- unpaid loans
- unpaid rent
- unpaid wages
The dollar limit for such claims varies from province to province. It currently ranges from $5000 to $25000. If the amount of your claim is greater than your province's small claims court limit, you may still sue in that court. It is simpler and less expensive. But you forfeit the right to recover the amount over the small claims limit. A person considering a civil action must carefully choose the court to sue in. Alberta currently set its maximum to $25 000; whereas the province of New Brunswick is $6 000.
Balance of Probabilities
A civil lawsuit involves two parties; the plaintiff, who is suing, and the defendant, who is being sued. If more than one person or party has suffered harm, all injured parties should sue together as plaintiffs in one action (a class action). If more than one person is responsible for causing loss, they are all called the defendants. The process of suing is called litigation. The parties in the action are the litigants (plaintiff and defendant).
Ferguson v Birchmount Boarding Kennels Ltd.,
2006 CANLII 2049 (ON S.C.D.C)
In August of 2002, Susan Ferguson and Ross Hagans left their dog, Harley, with Birchmount Boarding Kennels while they went on vacation. The couple adopted Harley in 1994. They had regularly boarded him with Birchmount since 1996. This time, Harley escaped from the kennel's enclosed play area and was never found. The kennel co-owner testified that he had examined the fence before and after the incident. He did not see any hole or gap in the fence. The evidence also established that the kennel staff conducted daily inspections of the fence. Of thousands of dogs boarded over the years, only two had previously escaped from the yard.
The plaintiffs sued the defendants for damages for pain and suffering related to the loss of their beloved dog. Ferguson was particularly upset about Harley's escape. She was unable to work and had nightmares. They were successful in small claims court and were awarded $1527.42 in damages plus $1000 in costs. Birchmount appealed, arguing that the damages were too high because Harley was only a dog, not a person. They lost the appeal.
The plaintiffs sued the defendants for damages for pain and suffering related to the loss of their beloved dog. Ferguson was particularly upset about Harley's escape. She was unable to work and had nightmares. They were successful in small claims court and were awarded $1527.42 in damages plus $1000 in costs. Birchmount appealed, arguing that the damages were too high because Harley was only a dog, not a person. They lost the appeal.
Minors and Civil Court
In several provinces, minors may sue on their own for up to $500. A minor is anyone under the age of 18. If a minor wants to sue for more than $500, a parent, guardian, or a litigation guardian must act on their behalf.
Burden of Proof
In a civil action, the burden of proof is on the plaintiff. The plaintiff is not required to prove the case beyond a reasonable doubt, as is required in a criminal case. Instead, plaintiffs must try to convince a judge that the events most likely took place in the way they claim. This is known in legal terms as proving the case on the balance of probabilities. The defendant will then try to show that his/her version is what really happened. The judge will decide whose side is more believable and more likely to have happened.
Criminal and Civil Procedures Compared
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Case Factors
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Criminal/Public Law
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Civil/Private Law
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