LGST 1120

• Final
• Interlocutory

• Assist in preperation for trial or disposition without trial
• It does not end the lawsuit; does not decide the ultimate issue-Involves the side matters not ultimate issues
• i.e. 5 year prior history
• Can be contested or uncontested

Contract matter

• Protects the rights and particularly property from invasion. Provides concrete protection w/ respects to:...
• -Negligence (new but most common), involves somebody acting less than a reasonable person causing loss, injury, damage to another person... Reasonable X at some level

i.e. Touching another person w/o consent is a battery-Has to be contact that agreed upon by a reasonable person (assault-criminal NOT civil)

• An act that causes immenent harm
• Criminal: Protects the psychological
• Civil: When claiming damages for someone conduct

• 1 party has to recieve a benefit, the other has to have endured a corresponding deprivation.
• There should be no (juristic) reason why one should be deprived and the other not

• 1. Damages
• 2. Injunctions
• 3. Recision
• 4. Specific performance
• 5. Declarations
• 6. Restitution
• 7. Some Family Law
• 8. Some administrative law
• 9. Some Criminal Law

• Damages are the most common remedy sought in courts of British Columbia; there are all kinds of cases that arise for damages*
• Can be broken down into 2:
• 1. Compensatory: Compensation for loss suffered
• 2. Non-compensatory: About actions and punishing the wrong-doer

• 1. General damages
• 2. Special damages
• 3. Aggravated damages

(1 & 2 most common)

• Compensatory
• Damages that flow immediatly from the wrongful act of defendant.
• Most common=Pain & suffering
• it CANNOT be mathematically calculated; has to be assessed

• Compensatory
• Can generally be calculated; you can compute mathematically
• Don't flow as immediatly from injury as general; more indirect
• i.e. Car crash 45 physio visits x $100/visit

• Compensatory
• Some kind of conduct that give rise to punitive damages
• Purpose: Compensate person harmed for extra harm that flows from nature of conduct
• -High-handed/arrogant conduct

Non-compensatory/Exemplitary=Same thing

• Awaraded in rare cases
• Focused on conduct of the wrong-doer
• Meant to punish high handed arrogant conduct

is one which requires the defendant to act positively-Remedy for PAST wrongs and un-do some wrong committed

Has the advantage of avoiding the problems and costs the parties and judicial system must incur if damages are to be assessed

Judicial statement confirming or denying a legal right of the applicant