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Lecture 12

POLS 3130 Lecture 12: pols3130Nov16

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Political Science
POLS 3130
Kate Puddister

Pols 3130: November 16, 2016 Remedies in Civil Legislation • Courts are not bound by the suggestion provided in the statement of claim Types: 1. Damages (money) -special: compensate the plaintiff for the direct costs of an injury -General: compensate the plaintiff but for non-specified damages -punitive: punish the defendant rather than compensate the plaintiff  rare in Canada, mostly used in America. Used to send a message (i.e. McDonalds paying 1 million dollars for serving a coffee too hot 2. Declarations of relief 3. Injunctions (Cleveland team in regards to address the uniforms) • Not a lot of data on Civil law • Family law is a big part of civil law • Repeat litigants benefit the most more so than first-time litigants • Civil law is specialized and needs experienced lawyers Why No “Litigation Explosion” in Canada? • There has not been an explosion of litigation in Canada as in the US • Despite that litigation claims are on the rise and spending legal services has also increased • We have lower amount of punitive damages caps on the amount (280,000) • Concern over enhancing access to court Explanatory Factors: • Fee reversal if you lose, you must pay the costs of the other side (this helps people suing frivolous) • Cap on general damages awarded in personal injury suits • Punitive damages are rare • Fewer jury trials • Judges are appointed, not elected they do not need to appeal to a certain group, have no incentive to have high profile rulings Access to Justice • Nearly 12 million Canadians will experience at least one legal problem in a three-year period • Members of poor and vulnerable groups are particularly prone to legal problems • Legal problems can multiply domestic abuse can be criminal, then family law • Legal problems have social and economic costs • Civil law and family law is said to be too complex, too slow and too expensive Access to Justice • Low accessibility for many Canadians -average cost of a trial more than average income of Canadians • Biggest cost=hiring a lawyer -growth of self represented litigants • Legal aid is not available for most people and problems -only available to those with very modest means (under $18,000) • Access to justice: problem for lower to middle class • Court fees cost of filing a statement of claim, photocopying transcripts, dispersants (structural costs of the
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