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Ryerson University
Law and Business
LAW 122

Chapter 2 Legislation  Laws created by Fed. Or Prov. Govts Legislative process  “Bill”  “Reading”  “Finalized” by” “royal assent” Subordinate legislation  Govt delegates authority o E.g. province creates a municipality, and municipality is given power to pass by laws Courts  Function of the courts: o Interpret & apply constitution & legislation o Create and apply “common law” (judge-made law) The common law - Rules made by courts 1.Unicorporated organizations (e.g. clubs, teams, community groups)  Generally cannot be sued (i.e. not a legal person);  Must sue individual members  Action – the law suit  Plaintiff – person who starts the law suit  Defendant – person being sued Class actions  Purpose o Access to justice -Small claimants can pursue claims o Economic efficiencies -Multiple claims are joined together in one action o Behaviour Modification o Examples -Product liability (e.g. defective breast implants) -Banks (e.g. excess charges on chequing accounts)  Class Proceedings Act (Ontario) Certifying a class action 1. Cause of Action 2. Common issues among all class members 3. Representative plaintiff who will act in interests of all class members 4. Workable plan to Notify potential class members 5. Preferable procedure to individual claims Difficulties in certifying a class action -Whether a class action is the preferable procedure to individual claims? -Too many individual issues -Class proceedings act gives the court unique powers to address varying damages claim Class actions  Costs o S.31(2) CPA - Representative plaintiff is liable for costs -Other class members are not  Contingency 意外事故 fees for lawyers Legal representation  Options 1. Self-representation 2. Lawyer 3. Paralegal Life of a legal action 1. Cause of action occurs -Commence action within limitation period 2. Pleadings -Documents identify and clarify dispute 3. Pre-trial activity -Discovery -Pre-trial conference -Court mandated mediation 4. Determination of claim -Settle -Trial (Liable or Not liable) -Appeal 5. Enforcing the judgment Limitation periods  Period within which legal action must be started  Late claim is generally unenforceable Remedies  Compensatory Damages  Punitive Damages  Nominal Damages  Specific Performance  Injunction  Rescission Enforcement of Damages Remedy  If def does not voluntarily pay the plaintiff the damages award the plaintiff must to enforce it -Garnish the def’s income -Seize and sell def’s assets Appeals  Parties  Appeal Process -No new witnesses or evidence -Focus on law rather than fact  Appeal judgments -Affirm decision -Reverse decision -Vary decision Costs
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