Textbook Notes (363,596)
Canada (158,456)
LAW 122 (616)
Chapter 2

Chapter 2 Notes

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Ryerson University
Law and Business
LAW 122
Kernaghan Webb

Chapter 2: Litigation and Alternative Dispute Resolution We will continue to focus on risk mgt how a person can reduce their risks that are associated with litigations. o Litigation: is the system of resolving disputes in court. T HE L ITIGATION P ROCESS Who Can Sue and Be Sued? As a general rule, every adult is free to use the Canadian courts, whether or not they are Canadian citizens. For e.g. it is possible for an American consumer to sue a Canadian comp. for delivering shoddy goods. The situation is more complicated with org. A corporation is classified as a person; therefore a company can sue or be sued. In contrast, an un-incorporated organization, i.e. a church, are not classified a person, thus cannot sue be sue. Rather one can sue the individual members of these org. Class Actions It is sometimes too much trouble or too costly for an individual like yourself to sue an org. For e.g. Consumer Gas Company sold natural gas to business and homeowners in Ontario. As a part of a pricing scheme, they imposed a 5% penalty on bills paid late. The late payment penalty was contrary to the Criminal Code. However, for most ppl, it was not worth the fight, and easier to pay the late fee (about $25). But bc there were 500,000 ppl, they collected as much as $150 million. o Class Action: allows a single person or a small group of people, to sue on behalf of a larger group of claimants. An individual, Gordon Garland, although only paying $75 in late payment penalties, was able to hold the corp. accountable via a class action. 7 provinces have legislations dealing with class actions. Although the details vary from place to place, the general idea is the same. Common issues: There must be common issues amongst the various members of the class. E.g. they may all be women who received defective implants for the same manufacturer. Representative Plaintiff: The plaintiff must qualify as a representative plaintiff. Heshe mush demonstrate the interest of the class members Notification: A representative plaintiff must also have a workable plan for notifying potential class members. E.g. Reporting the Class Action lawsuit in newspapers or magazines. Preferable procedures: The courts must be convinced that a class action is the preferable procedure for dealing with the claims. E.g. determining whether a class action will be too complicated or whether there are enough similarities bt the members. Certification: represents the courts decision to allow the various claims to be joined together & proceed as a class action. Usually the most important step in the entire process. 1 of 8 www.notesolution.com
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