Legal Definitions - lower scale

The term lower scale refers to the minimum or less expensive end of a predetermined range of legal costs, fees, or penalties. Courts and other legal bodies often establish such scales to provide guidance for calculating financial awards, charges, or sanctions. Applying the "lower scale" typically occurs when a case is straightforward, involves minimal complexity, or when specific legal rules or circumstances warrant a reduced financial imposition.

• Example 1 (Legal Costs): Imagine a small business owner successfully sues a client for an unpaid invoice of a modest amount. The case was resolved quickly through a simple court application without a full trial, requiring minimal legal work.

  Explanation: Because the legal work involved was minimal and the case was straightforward, the court might order the losing client to pay the business owner's legal costs on the lower scale. This means the amount awarded for legal fees would be at the lower end of the range typically allowed for such litigation, reflecting the limited time and resources expended by the lawyers.

• Example 2 (Fines/Penalties): Consider a local council issuing a fine to a homeowner for a minor breach of a zoning bylaw, such as placing a garden shed slightly too close to a property line. The homeowner promptly rectifies the issue, and this is their first such infraction.

  Explanation: Given that the breach was minor, quickly corrected, and the homeowner has no prior history of similar violations, the council's enforcement body might impose a fine at the lower scale of the penalty range established for that particular bylaw infraction. This reflects a less severe consequence for a less impactful or first-time offense.

• Example 3 (Damages in Civil Cases): A person suffers a very minor injury in a slip-and-fall accident, resulting in a few days of discomfort but no long-term issues or significant medical expenses.

  Explanation: When assessing compensation for pain and suffering in personal injury cases, courts often refer to guidelines that provide a range of damages for different types of injuries. In this instance, due to the minimal nature of the injury and quick recovery, the court would likely award damages on the lower scale of the permissible range for minor soft tissue injuries, rather than a higher amount reserved for more severe or lasting harm.