Factors to consider before initiating a civil claim

Question 1

What are the factors to consider before initiating a civil claim

Answer 1

• Costs
• Limitation of actions
• Enforcement issues

Question 2

What costs must be considered in a civil claim

Answer 2

• Fees for legal representation
• Disbursements –> Additional costs like court fees, mediation fees, fees for expert witnesses, and costs involved in using technology to manage relevant documents.
• Adverse costs orders –> Plaintiff having to pay their fees and some of the defendants fees if unsuccessful

Question 3

What are limitation of actions

Answer 3

This refers to the restriction placed on the time within which a civil action can be commenced. If the time has passed, the plaintiff may be prevented from seeking remedy.

Question 4

Why do limitations of actions exist

Answer 4

• The defendant does not have to face an action after a significant amount of time
• Evidence is not lost, and people can remember what happened
• Disputes can be resolved as quickly as possible. Promoting social cohesion.

Question 5

What are enforcement issues

Answer 5

This is where if the court or tribunal finds the defendant liable but they do not end up paying because they are not able to

Question 6

What issues must plaintiffs consider

Answer 6

• Whether the defendant has assets or money to pay anything to the plaintiff.
• Even if the defendant is not bankrupt, they may still not be able to pay
• The defendant may be in jail
• If the defendant is a company, whether the company has any assets
• If the defendant has no assets or money, but they have access to other money