LAW 122 Lecture Notes - Professional Liability Insurance, Liability Insurance, Grand Jury
23 May 2014
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Class actions: allowed in most provinces, allows individuals or small groups to sue on behalf of a larger group of claimants, benefits: Allows small individuals to take on large organizations. Cost effective; sure for small but wide-spread claims. Threat of class action may curtail behaviour of big businesses: criteria: Representative plaintiff who demonstrates workable plan for fairly representing all class members" interests. Certification by court to allow class action to proceed. You have the right to represent yourself in court. A fool for a lawyer and a fool for a client : lawyers. Victim assurance funds to compensate for misconduct: must carry professional liability insurance. Pleadings: documents used to identify issues and clarify disputes. Defendant: person defending lawsuit: types of pleadings: Used by plaintiff to start lawsuit: sometimes writ used before statement of claim. Outlines the dispute, facts and desired remedies. Defendant should file within the time-limit; about 30 days. Sets out defendant"s version of facts and denies liability.
