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What to note before filing a claim / application

In standard proceedings, if the victim is a minor (i.e. below the age of 21 years), the application must be made by the minor's litigation representative, who should be the parent or legal guardian, who must in turn act by a solicitor.

To commence proceedings on behalf of a minor in simplified proceedings, you must submit an application for representative using the "Online Applications" function on the Community Justice and Tribunals System (CJTS).

For the difference between standard and simplified proceedings, you may find more information at the link here.

If you require legal assistance or advice, please refer to the Community Justice Centre - HELP Services (CJC).

List of civil remedies

Final order of CourtCorresponding interim order of Court1
​Orders relating to harassment
Protection Orders

Protection Order (PO)

A PO is an order against a harasser to stop harassing / stalking the victim (or a related person) and/or remove any publication causing harassment. A PO may also exclude the harasser from a shared residence or a specified part of the shared residence as part of the order.

Expedited Protection Order (EPO)

An EPO is a temporary order that has the same effect as a PO. It is granted when urgent intervention is needed.

EPO applications are typically heard within 48-72 hours of application, and within 24 hours if there is actual violence or risk of violence. An EPO remains in effect only until the application for a PO is concluded, or if it is suspended or cancelled by the court.

Mandatory Treatment Orders​ ​

​Mandatory Treatment Order (MTO)

An MTO is an order that may be granted if a Protection Order is granted. This order would require a respondent to undergo psychiatric treatment for a period not exceeding 36 months.

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Monetary Compensation​ ​

​Damages

An order against the harasser to financially compensate the victim in respect of his/her harassment towards the victim.

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Orders relating to false statements of fact

Stop publication order (SPO)

An SPO is an order made against an individual or entity to stop publishing a false statement of fact, or any substantially similar statement, within a specified time.


Interim stop publication order (ISPO)

An ISPO is a temporary order that has the same effect as an SPO. It is granted when the publication of the false statement of fact has caused or is likely to cause harm to the applicant, and it is just and equitable for an ISPO to be made on an expedited basis. An ISPO remains in effect only until it expires or is cancelled by the court.

Interim notification order (INO)

An INO is a temporary order that may be applied for with an SPO or CO. It is granted when the publication of the false statement (“the relevant statement”) has caused or is likely to cause harm to the applicant, and it is just and equitable for an INO to be made. An INO requires an individual or entity who has published the relevant statement to publish a notice that there is a pending application for a CO or an SPO in respect of the relevant statement. An INO remains in effect only until it expires or is cancelled by the court.

Correction order (CO)

A CO is an order made against an individual or entity who has published a false statement of fact (“the relevant statement”) to publish a statement that the court has determined the relevant statement to be false, and correcting it.

Disabling order (DO)

A DO is an order made against an internet intermediary whose service has been used to publish a false statement of fact. It requires the internet intermediary to disable user access to the false statement or copies of it.

Interim disabling order (IDO)

An IDO is a temporary order that has the same effect as a DO. It is granted when the publication of the false statement of fact has caused or is likely to cause harm to the applicant, and it is just and equitable for an IDO to be made on an expedited basis. An IDO remains in effect only until it expires or is cancelled by the court.

Targeted correction order (TCO)

A TCO is an order made against an internet intermediary whose service has been used to publish a false statement of fact (“the relevant statement”). It directs the internet intermediary to publish a statement to all users who accessed the relevant statement or copies of it that the court has determined the relevant statement to be false and correcting it.

Targeted interim notification order (TINO)

A TINO is a temporary order that may be applied for concurrently with a TCO. It is granted when the publication of the false statement of fact (“the relevant statement”) has caused or is likely to cause harm to the applicant, and it is just and equitable for a TINO to be made. A TINO requires an internet intermediary whose service has been used to publish the relevant statement to publish a notice to all users who accessed the relevant statement or copies of it that there is a pending application for a TCO in respect of it. An TINO remains in effect only until it expires or is cancelled by the court.

General correction order (GCO)

A GCO is an order made against a prescribed individual or entity. It is granted when a false statement of fact ("the relevant statement") is published that has caused or is likely to cause serious harm to the reputation of the subject. It directs the prescribed individual or entity to publish a statement that the court has determined the relevant statement to be false, and to correct it.

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1In general, interim orders are temporary orders that will expire when the application for the corresponding final order has been dealt with or is discontinued. An interim order may also be varied, extended, suspended, or cancelled by application.


Last updated on: 10/6/2021 8:11 AM

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