Lecture11.docx

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Department
School of Environment
Course
ENV422H1
Professor
Paul Muldoon
Semester
Fall

Description
Read the study questions from blackboard COURTS (tort) Civil Criminal Doe V Smith Accused VS A-G Plaintiff (defendant) suing you for money here you may go to jail and nothing to do with victim Tort Feaser (a mayor said sth publicly and suffered lost) Lawsuit against the mayor Tonight: Torts relevant to environmental issues Student suing some company causing harm  For example, building condos VS green spaces  Go through opinion letter  Retainer fee – what you paid for the lawyer, and use that money fund litigation  Standing – do you have status to bring the law suits (torts are design for 2 parties, between A &B, 3P - Pocket (Money interests), person (health) , property; 99 % of this work  Who represents the trees and grass of U of T? the public resources? By large, the government does th  4 P – public interest standing – exception: if you have a genuine interest in a subject matter(common good), and there is no other ways you can get into the court o Genuine – long standing commitment and expertise (informed) about it Things go to lawyer 1. Retainer (contract – confidentiality, issues etc.) 2. Opinion letter 3. Claim – surfing (timelines on which has to be done by) 4. Defense/Plead – rival defend themselves 5. Disclosure production – Production of documents – medical records, they will be served in a file, and all the evidence, all the experts, what they are and the summary on what you will be saying on the reports 6. Discoveries – you go to a room with a recorder and ask each witness every questions you want on each side; transcript on which they were written (interviewed – strategies) 7. Pre-hearing – present the case for the judge in an hour and give judgment on what he/she may have because a. Remediation – try to settle outside of court and get a portion of the money 8. Hearing – 50%/50% happy/ unhappy On average: 3 years from step 1 to step 2 Class Action  Statue: identified class, one person (representative) to bring law suit to go through above terms on behave on the class, if he wins the class win, if he lose the class lose  The registered member in the group is recognized, you can opt out in the class and bring out your own law suit o In one event you have 2-3 class action  You ask the lawyer for certificate you to represent the class o Fund allow the represented plaintiff to sue o Funded by defendant rather than plaintiff  Rather than 60s you have one  At the end of the day
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