What is civil procedure and remedy?

A civil remedy refers to the remedy that a party has to pay to the victim of a wrong he commits. A civil remedy is generally separate form a criminal remedy, although in certain situations the civil and criminal remedy may be related. Civil remedies require the cooperation of the victim and are voluntary.

What are the remedies offered to that same victim by civil law?

The most accessible civil remedy for a crime victim is restitution. Restitution is a civil order against a criminal defendant to pay money that was lost by the victim as a result of a crime. However, there are some important limitations on restitution. Second, restitution covers out of pocket losses by the victim.

What types of remedies does the wronged person seek in a civil case?

Damages awarded for the injuries sustained from these torts may be compensatory (payment for expenses), punitive (punishment for a defendant’s malicious actions) or pecuniary (coverage for lost wages or loss of potential income).

What is the purpose of civil remedies?

Civil remedies are procedures and sanctions, specified by civil stat- utes and regulations, used to prevent or reduce criminal problems and incivilities. Civil remedies generally aim to persuade or coerce non- offending third parties to take responsibility and action to prevent or end criminal or nuisance behavior.

What is the difference between civil and criminal remedies?

Can a criminal action be a civil action?

Civil actions and criminals actions vary in a lot of different ways. A person can have criminal actions brought against him and then civil actions. Even though civil actions and criminal actions involve different elements of the law, they are both usually handled in courts of law. References Civil Law and criminal law. (2013).

Can a civil case stem from a criminal case?

Civil law and criminal law in the same case In some instances, both a civil suit and a criminal case can stem from the same incident. Likely the most prominent example of this scenario is the OJ Simpson case—his criminal charges were dismissed, but the family of the victim was able to successfully sue him in civil court.

What happens if you lose a civil case?

In a criminal case, if the individual charged with a crime loses the case, they’re likely facing incarceration or some type of probation. For civil cases, the resolution to a case doesn’t result in the “losing” party going to jail; often the judgement results in a financial penalty or an order to change behavior.

What do you need to know about civil remedies?

CRIA did not oppose our motion. Under the Civil Remedies Act, the first step in the process requires the Crown to prove, on a balance of probabilities, that the funds were the proceeds of unlawful activities. The Crown does not need to prove that the person in possession of the funds was involved in unlawful activities.

What is the Civil Remedies Act in Ontario?

In explaining Ontario’s Civil Remedies Act, the Court stated: The CRA is a curious piece of legislation. It runs contrary to our views of the sanctity of ownership of property. It allows the Government of Ontario to seize property that is the proceeds of, or was an instrument of illegal activity.

Are there civil remedies for fraud in Ontario?

At Investigation Counsel, we receive inquiries from fraud victims, often through the internet, requesting information on alternatives to traditional civil recovery due to the cost of private litigation. One such request was for information as to whether recoveries are viable by making a claim under Ontario’s Civil Remedies Act.