PROC 124 Lecture Notes - Lecture 15: Family Law, Jaguar, Contingent Fee
24 Jan 2018
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Document Summary
Certification of class actions (con"t: a required judicial in order to bring the case as a class action, nccp : action collective as opposed to recours collectif (in old ccp) Judge should consider whether a class procedure would be the preferable procedure for the resolution of the common issues . If you were to sue for millions, a lawyer might be hired on a contingency basis. In a case like this, you need to hire experts to qualify the prejudice, to establish causation, etc: b doesn"t get this one, decision was very criticized for being anti-environment, anti-class action. Qc"s distinctive, pro-class action approach: qc"s more plaintiff-friendly legislation at authorization / certification stage. An exhaustive list of criteria leaving no discretion. Identical, similar or related issues of law or fact : not very demanding. A less demanding preferable procedure criterion (par. Judge must decide whether proceeding by class action is preferable to mandate & consolidation.
