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Canada (158,056)
LAW 122 (614)
Chapter 2


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Ryerson University
Law and Business
LAW 122
Asher Alkoby

CHAPTER TWO: LITIGATION AND ALTERNATIVE DISPUTE RESOLUTION SOME DEFINITIONS (PG. 29) LEGAL REPRESENTATION (PG. 32- Litigation: system of resolving disputes in court A. Self Representation (PG.32) B. Lawyers (PG. 33) THE LITIGATION PROCESS: WHO CAN SUE AND BE SUED? (PG. • Professional liability insurance: allows client to receive 29-32) compensation from a lawyer’s insurance company if  All adults (including non Canadian citizens) lawyer acted carelessly  Children can be represented by a parent of litigation guardian o Can due for professional negligence  Corporations: type of person • Assurance funds: provide compensation for those hurt  Trade unions (an unincorporated organization exception) by dishonest lawyers • Advantages: confidential and privileged (conversations Class Actions: allows single person or small group of people to sue on cannot be used against you in court) behalf of a larger group of claimants C. Paralegals (PG. 33) • Allow small individuals to take on large organizations • Only provides legal advice and services • Threat may prevent wrong from occurring • Cheaper to deal with all at once PLEADINGS (PG. 34-36) • Basic ideas (PG. 31-32) Definition: documents used to identify issues and clarify nature of a o Common issues dispute, prepared by plaintiff or defendant o Representative plaintiff: must qualify! Plaintiff: person making the complaint  Show workable plan for fairly representing interests Defendant: person complaint is made against of class members Limitation periods: period of time within an action must be started o Notification • May vary from days to decades  Also have workable plan for notifying potential class members (ie. Newspapers/magazines) Writ: notifies defendant that plaintiff intends to sue  Includes everyone who has not opted out • Before statement of claim o Preferable procedure Statement of Claim: document where plaintiff outlines nature of o Certification complaint  Court’s decision to allow various claims to be joined • Outlines dispute and desired remedies and proceed as a class action  What it represents: Court believes a serious and • Issued by court and served to other party • No response within time = default judgment genuine claim exists Statement of Defence: document used by defendant to deny  Often persuades defendants to settle facts/liability Counterclaim: claim defendant makes against plaintiff Examples of Class Action Claims (PG. 31) Reply: document when party responds to statement of defence Product Liability Business Law (ie. Price fixing) Mass torts Company Law (ie. Misleading info) Demand for particulars: requires other side to provide additional Workplace discrimination Securities Law (ie. Insider trading) information Clubs and churches Banking Law PRE-TRIAL ACTIVITY (PG. 36) THE REMEDY (PG. 37-38) Examination for discovery: process in which parties ask each other  Compensatory Damages questions to obtain information about their case  Punitive Damages • Occur outside of court under oath (can be used as evidence in  Nominal Damages trial) = very common (95%)  Specific performance • Time consuming  Injunction • Cheaper and flexible  Rescission • Reveals strengths and weaknesses • Encourage settlement ENFORCEMENT (PG.37-38) o Settlement: parties agree to resolve disputes out of court Judgment debtor: defendant found liable and ordered to pay money to plaintiff Pre-trial conference: meeting occurs between parties and a judge • Possible to: • Judge indicates which side is most likely to win o Garnishee income by forcing their employer to pay Mediation: neutral person (mediator) helps parties reach agreement o Seize and sell some of their assets • Mandatory in Ontario in order to go to trial o Restriction: cannot be stripped of nothing to earn • Speeds up litigation process income THE TRIAL (PG. 36-37) APPEALS (PG. 38-39) Judge and jury: Appeal court (Appellate Court): decides if a mistake was made in • Judge common in criminal cases the court below o Rare in civil litigation in Canada Appellant: person who attacks decision of lower court Process: Plaintiff then defendant, each presenting arguments and evidence Respondent: party who defends decision of lower court Evidence: information to support argument • Start within 30 days after trial > Ordinary witness: testify about facts known to them first-hand • Heard by 3 judges (odd number to avoid ties) > Expert witness: provide information and opinions based on evidence • Do not listen to witnesses or receive evidence o Hear or read from parties or lawyers Examination-in-chief: calls on witness ask questions and receive answers • Deal with laws not facts and other party cross-examines same witness • Majority rules Hearsay evidence: information witness heard from another person, not • Outcomes: directly from source o Reverse decision • Not heard or accepted in court o Vary some part of it o Re-trial • Plaintiff needs to prove claim on balance of pr
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