PROC 124 Lecture Notes - Lecture 19: Summary Judgment
24 Jan 2018
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A rough comparison: litigation in us vs. canada by simona grossi. Law or fact: there"s no definition of claim in qc nccp or in us codes. In us, there are federal and state rules of civil procedure. In qc, before you proceed w/ the case, parties must consider adr & case private prevention. To prevent a potential dispute or resolve an existing one, the parties concerned, by mutual agreement, may opt for a private dispute prevention and resolution process. The main private dispute prevention and resolution processes are negotiation between the parties, and mediation and arbitration, in which the parties call on a third person to assist them. The parties may also resort to any other process that suits them and that they consider appropriate, whether or not it borrows from negotiation, mediation or arbitration. Iii s. 2 of constitution: there must be an adversarial proceeding, there must be an injury that is complete, factual, traceable to behaviour.
