LAW 122 Chapter Notes - Chapter 2: Small Claims Court, Contingent Fee, Paralegal
27 Oct 2016
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Law122 chapter 2: litigation and alternative dispute resolution (textbook notes) Litigation is the system of resolving disputes in court: to business people, litigation is often described as a poor way to settle disputes. Litigation process: as a general rule, all adults are free to use the canadian courts, whether or not they are. An adult who is suffering from a mental incapacity however, must use a court- appointed representative. Children must be represented by a family member or a litigation guardian: organizations are somewhat difficult. Unincorporated company cannot sue or can be sued. Individual members of that company can be sued. Important exception to this rule in some provinces. Although trade unions are unincorporated organizations, they can sue or be sued directly: a class action allows a single person, or a small group of people, to sue on behalf of a large group of claimants. Allow small individuals to take on large organizations.
