MGTS-312 Lecture Notes - Lecture 2: Alternative Dispute Resolution

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After discovery is complete, trial date will be set, often 6 mo 1. 5 years wait for trial! All evidence (eg. afadivit of records documents, witness statements, etc. ) exchanged well in advance of trial. All witness are served with notices to attend. May be judge alone, or judge and jury. Decision of judge (judgment) may be immediate or reserved: judgment. Will include reasons for judgment, including any remedies and damages. Two limitation periods time limits - to be concerned about: ) the general limitation period is two years: Two years from when the plaintif knew or reasonably ought to have known he/she had a cause of action, the plaintif must ile a statement of claim. Considerations before we sue: the ultimate limitation period: 10 years from when the wrong giving rise to the cause of action occurred. Only used rarely, so ile within 2 years! Limitation period expires when either the general or ultimate limitation period passes whichever occurs irst.

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