Civil cases are disputes between two or more parties that are resolved through the court system. There are a wide variety of civil cases, each with its own unique set of facts and legal issues.
Some of the most common types of civil cases in Canada include:
- Breach of contract: A breach of contract claim occurs when one party to a contract fails to fulfill their obligations under the contract. This can happen for a variety of reasons, such as if the party does not deliver the promised goods or services, or if the party delivers the goods or services but they are defective.
- Personal injury: A personal injury claim occurs when someone is injured due to the negligence of another person or party. This can include injuries caused by car accidents, slip and falls, medical malpractice, and product defects.
- Property damage: A property damage claim occurs when someone’s property is damaged due to the negligence of another person or party. This can include damage to a home, car, or other personal property.
- Defamation: A defamation claim occurs when someone makes false and harmful statements about another person. Defamation can occur in writing, verbally, or even through online posts.
- Employment disputes: Employment disputes can arise over a variety of issues, such as wrongful termination, discrimination, and harassment.
- Family law disputes: Family law disputes can include issues such as divorce, child custody, and child support.
In addition to these general categories, there are also a number of more specialized types of civil cases, such as:
Class action lawsuits: A class action lawsuit is a lawsuit filed by a group of people who have all suffered similar injuries or damages due to the actions of the defendant.
Product liability lawsuits: A product liability lawsuit is a lawsuit filed against the manufacturer of a product that has caused an injury or damage.
Medical malpractice lawsuits: A medical malpractice lawsuit is a lawsuit filed against a doctor or other healthcare professional who has made a mistake that has caused an injury or damage to a patient.
Here are some additional things to keep in mind about civil cases in Canada:
- Civil cases are typically filed in provincial or territorial court. However, some cases may be filed in Federal Court, such as cases involving intellectual property or human rights.
- Civil cases are decided by a judge or jury. In most civil cases, the parties have the right to choose whether they want their case to be heard by a judge or a jury.
- The standard of proof in civil cases is the “balance of probabilities.” This means that the plaintiff must show that it is more likely than not that the defendant is liable for the damages claimed.
- If the plaintiff is successful in their civil lawsuit, they may be awarded a variety of remedies, such as damages, an injunction, or a declaration.
If you are considering filing a civil lawsuit, it is important to consult with a lawyer to discuss your case and determine whether you have a valid claim. A lawyer can also help you choose the right type of lawsuit to file and represent you in court.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.