Class Notes (835,495)
Canada (509,212)
LAW 122 (825)
Stan Benda (62)

LAW122 Chapter 2

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Law and Business
LAW 122
Stan Benda

LAW122Ch 2 LitigationsADR The Litigation Process The Court System Administrative Tribunals Alternate Dispute Resolution ADR The Litigation process o Resolving disputes using the court system o Who can sue i Adult people including nonCanadians ii Some organizations corporations but not othersEg Unincorporated associations iii Special rules apply when suing governmentsClass Actions o Allowed in most provinces o Allows individuals or small groups to sue on behalf of a larger group of claimants o Benefits i Allows small individuals to take on large organizations ii Cost effective sure for small but widespread claims iii Threat of class action may curtail behaviour of big businesses o Criteria i Common issues among all class members ii Representative plaintiff who demonstrates workable plan for fairly representing all class members interests iii Notification to all potential members of class iv Preferable procedure to traditional litigation v Certification by court to allow class action to proceedLegal Representation o Selfrepresentation i You have the right to represent yourself in court ii Usually advisable only in simple matters a fool for a lawyer and a fool for a client o Lawyers i Completed training and called to the bar ii Governed by provincial bodies Law SocietiesImposes codes of conductInvestigates and punished misconductVictim assurance funds to compensate for misconduct iii Must carry professional liability insurance
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