Textbook Notes (369,054)
Canada (162,364)
LAW 122 (625)
Chapter 2

Law 122 - Chapter 2 - My Notes.docx

6 Pages

Law and Business
Course Code
LAW 122
Theresa Miedema

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Chapter 2 Litigation and ADRLAW 122 The Litigation Process Who Can Sue and Be Sued Who has access to the courts in OntarioWho can be sued in an Ontario courtAll adults regardless of their citizenshipCorporations even if they are incorporated outside of OntarioRemember that the law treats corporations as legal persons for some purposesTrade unionsSpecial cases o Children children can sue and be sued but they must be represented by a parent or litigation guardian o Adults suffering from a mental incapacity eg dementia or Alzheimers they can sue and be sued but they must be represented by a litigation guardianUnincorporated organizations such as clubs amateur teams and community groups are generally not recognized in law as personsThus these organizations cannot sue or be sued as an organizationIf you want to sue a club you must sue individual members of the clubPlaintiffThe person who initiates a law suit DefendantThe person being sued Action The law suit as a wholeA class action allows a single or a small group of people to bring a legal claim on behalf of a larger group of peopleIn order to bring a class action a representative plaintiff must take steps to have the class certifiedCertification means that the Court has decided to allow the claims of the individual members of a proposed class to be joined together Class Proceeding Act states that a judge will certify a class if the following requirements are metThere is a cause of action a legitimate claim recognized by the law Members of the proposed class must have common issues o In such cases the class might be certified with subclasses that divide the class members into different subgroups based on the different types of injuries sufferedEach subclass must have its own representative plaintiffThere must be a representative plaintiffThe facts of the representative plaintiffs case must be typical of all the members of the classRepresentative plaintiffs have a number of responsibilities including a responsibility to have a workable plan for fairly representing the all members of the classThe representative plaintiff must demonstrate that he or she has a workable plan to notify all potential members of the proposed classPeople are deemed to be included in a class action unless they specifically optout of participatingA class action must be the preferable procedure for addressing the various claims Ex not having enough in common or the judge may find that a class action is not appropriateRepresentative Plaintiff alone is liable for costs related to the action lawyers feesThe Class Proceedings Act also permits a lawyer to charge contingency fees in class actionsContingency fees are fees that are only payable if the case is successful
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