Textbook Notes (368,720)
Canada (162,105)
LAW 122 (625)
Chapter 2

Chapter 2 - Litigation and alternative dispute resolution

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Law and Business
LAW 122
Theresa Miedema

Chapter 2 THE LITIGATION PROCESS Litigation: the system of resolving disputes in court o risks of litigation expensive time consuming unpredictable frequently fatal to business relationships o litigation is rare very few cases are decided by judges in court Who can sue and be sued? o human beings general rule: any person can sue or be sued, Canadian citizen or not *person who lacks legal capacity can sue or be sued but must act through a representative child (litigation guardian) adult with mental disability (court-appointed representative) o Organizations corporation a type of legal person generally can sue or be sued some restrictions on foreign corporations unincorporated association not a type of legal person generally cannot sue or be sued exception in some provinces: trade unions generally can sue and be sued o governments www.notesolution.com general rule: The King can do no wrong statutory authority required to sue government statutes are broad but often complicated (must be read careful) Class Actions: allows a single person, or a small group of people, to sue on behalf of a larger group of claimants o multiple claims against single defendant joined together in one action o small claimants able to share costs of litigation against large defendant o Requirements Common issues: there must be common issues amongst the various members of the act Representative plaintiff: He or she must demonstrate a workable plan for fairly representing the interest of the class members Notification: A representative plaintiff must also have a workable plan for notifying potential class members. (i.e: newspapers or magazines) Preferable procedure: the court must be convinced that a class action is the preferable procedure for dealing with the claims. Certification: represents the courts decision to allow the various claims to be joined together into a class action (most important step) Legal representation (who will argue your side?) o Self-representation o Lawyers lawyers are required to complete training governed by provincial law societies establish and apply Codes of Conduct investigate and punish misconduct administer assurance funds for victims of misconduct www.notesolution.com
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