Civil Procedures

Private Law

Litigants: the parties involved in a civil action

Plaintiff: the party initiating a legal action

Defendant: the party being sued in a civil action

Litigation: legal action to resolve a civil dispute

Parties Involved

Damages: compensation for a wrong suffered

Balance of probabilities: the weighing of evidence to decide whether it is the plaintiff’s or the defendant’s version of the events that is more convincing or likely to be correct

Next friend: an adult who represents a child or a person under a disability who initiates a civil law-suit

Guardian ad litem: the person appointed to act on behalf of a minor or person under a disability who is being sued

Civil Action

Writ of summons: a legal document that commences civil actions in some provinces

Pleadings: documents stating formal allegations by the parties regarding their claims and defences

Statement of claim: a document outlining the facts supporting a civil action and the remedy desired

Remedy: relief sought by the plaintiff

Particulars: specific details of a clam in a civil action

Default judgment: a judgment against a party who has failed to defend a claim

Statement of defence: the response to the plaintiff’s complaint, denying the allegations in part or in whole

Counterclaim: an action brought in response to the plaintiff’s claim aimed at diminishing or removing the defendant’s liability

Third party claim: a complaint filed by the defendant claiming that another party is at fault

Liable: legally responsible for a wrongful action

Cross-claim: a claim made between parties on the same side of the litigation

Reply: plaintiff has an opportunity to reply to the statement of defence

Examination for discovery: examination of evidence by both sides before a civil trial

Affidavit of documents: a list of documents relevant to the case that will be used at trial

Privileged documents: records and information that can be excluded from examination by the other side in a civil action

Pre-Trial Conference: a formal meeting of both sides with a judge to try and reach a settlement before going to trial

Settle out of court: all parties agree to resolve the dispute instead of going to court

If the dispute goes to trial:- It is heard by judge in most cases- A jury trial can be requested- The procedures are similar to those of a

criminal trial-The cost of the trial is the responsibility

plaintiffs at the start of the trial. The loser of the case is usually require to pay part or all of the costs for the trial

Class action suit: a lawsuit initiated by a group of people over a complaint common to all

Trial Court