absolute privilege: protection from liability from statements made in Parliament, in a legislature or a courtroom, at a military hearing, or before a tribunal
act of God: the defense claiming that an accident was caused by an extraordinary unexpected natural event such as a tornado, earthquake, flood, etc.
apportionment: the division of fault among different wrongdoers
arbitration: the process of using a neutral third party to hear arguments for both sides of a civil dispute and then make a binding decision
assault: intentional tort of offensive conduct that causes a reasonable apprehension of imminent harm (ie. a threat)
automobile negligence: any of the multiple types of negligence that may occur through the operation of motor vehicles
battery: intentional tort of intentional, unauthorized physical contact that the victim considers harmful or offensive
causation: the direct connection between the actions of the defendant, and the injuries suffered by the plaintiff
chattel: legal term referring to moveable property
class action lawsuit: a single civil action launched by a group of people against the same defendant over the same complaint
consent: permission granted for a specific act
contributory negligence: negligent acts by the plaintiff that helped cause the plaintiff’s own injuries
conversion: the unauthorized and substantial interference with another’s property, depriving the owner of its use
counterclaim: a civil claim made by the defendant of a prior claim and made against the plaintiff of that claim
damages: the compensation received for harm done in a civil action
defamation: the injury to a person’s reputation or good name by slander or libel
default judgement: judgment against a party who has failed to defend a civil action
defense of a third party: right to use reasonable force to protect someone from injury
defendant: the party that is being sued...party that is alleged to have caused harm to the plaintiff in some way
duty of care: the obligation to foresee and avoid careless actions that may cause harm to others
examination for discovery: examination of evidence by both sides prior to trial (ie. see all evidence each side has)
explanation: the defense claiming that an accident occurred for a valid reason, even though the defendant took every precaution
fair comment: defense to defamation that the comments made were honest and made without malice
false imprisonment: intentional tort involving the detention of a person without consent, and without legal authority
Good Samaritan Law: the legal principle that protects a rescuer who has voluntarily helped someone in distress from being sued if he or she actually causes that person harm
guardian ad litem: adult who is appointed to act on the behalf of a minor, or person with a disability, that is being sued
host liability: liability for someone who serves alcohol to guests or to paying customers
inevitable accident: the defense claim that an accident was unavoidable due to an uncontrollable event
injunction: court order requiring a party to start or stop doing something
intent: the desire to commit an act for a specific purpose
intentional tort: action intended to cause injury to others
invasion of privacy: intentional tort where exists the intentional, uninvited, and unauthorized intrusion into another’s private materials or space
invitee: person invited onto property for a business purpose
legal authority: legal right to engage in conduct that would otherwise be considered a tort
libel: intentional tort of defamation in a permanent form, such as written or recorded statements
licensee: person with express or implied consent to pay a social visit
litigants: the parties involved in a civil action
litigation: legal action to resolve civil disputes
malice: any improper or ulterior motive for publishing a defamatory statement
malicious prosecution: intentional tort involving the wrongful prosecution of a person without reasonable grounds and probable cause
mediation: the process that includes a neutral third party intervening in the dispute resolution to help bring the parties to an agreement
medical battery: intentional tort when a medical practitioner performs the wrong medical procedure, or performs a procedure without the patient’s consent
negligence: the careless conduct that causes unforeseeable harm to another person
negotiation: process where both parties communicate in order to reach a mutual solution
neighbour principle: the legal responsibility to owe a duty of care not to harm one’s neighbour through carelessness or negligence
nervous shock and mental suffering: intentional tort where someone deliberately shocks someone in such a severe manner that there is physical or mental harm
next friend: an adult who represents a minor, or person with disabilities, who starts a civil action
nominal damages: minimal compensation awarded simply to acknowledge a moral victory
non-pecuniary (or aggravated) damages: compensation for losses that don’t include an actual loss of money (eg. pain, suffering, humiliation, etc.)
nuisance: intentional tort involving unreasonable and substantial interference with someone’s right to enjoyment of property
occupier's liability: responsibility of owners or renters to ensure that no one entering their premises is injured
pecuniary (or special) damages: monetary compensation for losses that can be calculated
plaintiff: the party that starts civil litigation, alleging to have been harmed in some way by the defendant
product liability: area of law dealing with negligence on the part of manufacturers
professional liability: a higher standard of care expected of people with special skills
public nuisance: intentional tort involving unreasonable and substantial interference with interests that affect the community at large, such as public health and safety
punitive damages: damages awarded to the plaintiff simply to punish the defendant for their actions
reasonable person: legal concept of a person who exercises a sensible level of reason, intelligence, and care
qualified privilege: protection from liability from statements made in certain situations as long as the statements are made without malice
remoteness of damage: concept suggesting that the harm done could not have been foreseen by the defendant due to the lack of a close connection between the wrong action and the injury
self-defense: the legal right to use reasonable force to protect oneself against injury from another
settlement out of court: all parties in a civil matter agree to resolve the dispute instead of going to trial
sexual assault: intentional tort including uninvited sexual touching
slander: intentional tort involving a defaming oral statement or gesture
specialized standard of care: the degree of caution or level of conduct considered necessary by a reasonable person with the same specialized training
specific performance: court order requiring a party to do something to fulfill the terms of a contract
standard of care: the degree of caution or level of conduct expected of a reasonable person
statute of limitations: law that specifies the time period within which legal action must be taken
statutory authority: defense to an intentional tort based on legislation that grants someone authority to perform an act that could create a nuisance
strict liability: the principle that a defendant is automatically liable for injury or damage caused by a dangerous substance or activity, even if the defendant was not negligent
thin-skull rule: a defendant is liable for all damages caused by negligence, despite any pre-existing condition that makes the plaintiff more prone to injury
tort: the harm that is done to a person or property for which the law provides a civil remedy
trespass: intentional tort including the unlawful interference with the person, property, or rights of another person
trespasser: person who enters property without permission or legal right
truth: defense to defamation that the comments alleged to be defamatory are verified and established facts
unintentional torts: those injuries caused by an accident or an action that was not intended to cause harm
vicarious liability: legal responsibility for the negligence of another person
voluntary assumption of risk: the defense that no liability exists because the plaintiff agreed to accept the risk normally associated with the activity
waiver: document signed by the plaintiff releasing the defendant from liability in the event of an injury
Blair, A., Costiniuk, W., Moles, G., O’Malley, L., & Wasserman, A. (2009). Law in Action - Understanding Canadian Law (2nd Ed.). Pearson.
Civil Law Introduction. August 11, 2023. Online Help Guide - Supreme Court BC. Justice Education Society. https://supremecourtbc.ca/civil-law
Ervine, C. (2023). Business Law & Ethics - Canadian Edition. eCampusOntario. https://ecampusontario.pressbooks.pub/buslawandethicscanada/
Fixter, B. (2023). Foundations of Canadian Business Law. BCcampus. https://pressbooks.bccampus.ca/businesslaw/
Gibson , D.L., Murphy, T.G., Jarman, F.E., & Grant, D. (2003). All About Law (5th Ed.). Thomson Nelson.
Is Small Claims Court For Me? August 11, 2023. Online Help Guide - Small Claims BC. Justice Education Society. https://smallclaimsbc.ca/overview/small-claims-court-me
Small Claims Court - Procedures & Fees. August 11, 2023. Law, Crime & Justice. Province of British Columbia. https://www2.gov.bc.ca/gov/content/justice/courthouse-services/small-claims
The CRT Process. August 11, 2023. Civil Resolution Tribunal. https://civilresolutionbc.ca/crt-process/