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Lecture 2

LAWS 1000 Lecture 2: Note for Week 2- Settlement and Alternative to Adjudications


Department
Law
Course Code
LAWS 1000
Professor
Sebastien Malette
Lecture
2

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Settlement and Alternative to Adjudications
Jan 18, 2016
Laws 1000-C-V
Sebastien Malette, Ph.D.
SettlementFor or against? Alternative to adjudication!
Settlement & Collaboration in Legal Process!
Readings 18a and 19 a and b
Next class: 18d
Prerequisites for the use of courts in resolution
Courts provide a forum for the settlement of a variety of pubic and private disputes.
Individuals and organizations wishing to use courts to settle must meet certain legal
requirements such as: judicability and standing
Judicability
Involves a conflict viable to trial, not hypothetical or abstract character.
Standing
From a requirement asking personal rights having been violated, to a more relaxed
notion of the SCC of having a genuine interest in the problem on a rational basis.
Additional Limitations
*De minimus non curat lex: the law will not concern itself with trifles. Like
reimbursement of $10 even if justifiable in principle. Even if in principal it might be
right, consequences are to small.
Statues of Limitation: limit to the period of time in which a lawsuit must be
commenced, different in every provinces and territories.
Extra Limitations: economic and delay incentives may be decisive i n court of court
settlement. We need to state it.
Above or under $25 000: small claim court: under $25, superior court: above $25
Small Claim Court: if your claim is for 25,000, or less or for the return of personal
property valued at 25,000 or less, not including interest and costs, you may wish to bring
your claim in this court.
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Superior Court: cases where a law says that the matter must go to a special government
agency or tribunal. These include residential tenancy complaints, workers’s compensation
matters and labour relations.
Societal Factors of Dispute Resolution to Consider
Modern and urban societies showing an increase of: complexity, heterogeneity,
impersonal and contractual relationships, the mitigation of traditional societies.
The impact of new technologies
Access to internal and computers have impacted access to information, including to
rights and litigation.
Economic realities
Downturns in terms of the economy. an increase of litigation, broken contacts…
Resources available to litigation. How much money you have in your pocket allows
you to become a better player.
4 types of litigants
1. One shooter vs one shooter
2. One shooter vs repetitive player
3. Repetitive player vs one shooter
4. Repetitive vs. repetitive
One shooter vs one shooter
Intimate ties, fighting often over unsharable goods, divorce, business partner,
neighbours, etc.
One shooter vs. repeat player
To invoke outside helot create leverage on a more powerful actor/organization. Treats
against landlord, defames person vs. publisher, student vs. university.
Repeat vs. one shooter
Often for routine business procedure, using the government authority. Collect debts,
seize goods, or salary. Landlord against tenants, finance companies against debtors.
Repeat vs repeat players
Between organization within an organization. Union vs management, purchaser vs
supplier, Church State relations. Public law interest: environmental disputers.
Shall we Settle
The courts contribution to settlement:
1. The creation of norms and precedents that can influence private settlement.
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