POLS 3130 Lecture Notes - Lecture 12: Punitive Damages, Domestic Violence, Consumer Protection
14 May 2017
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Document Summary
Remedies in civil legislation: courts are not bound by the suggestion provided in the statement of claim. 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. 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. Strategies to reduce costs: prevention: front end strategies to prevent disputes and/or legal claims (more about education) Consumer protection (cooling off period, allows people to back out of a contract for a limited time without breaking the contract: diversion: encourage parties to resolve their disputes outside the traditional justice system. Alternative dispute resolution: enhance: make the regular system more affordable or by subsidizing litigants in financial need.
