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Canada (161,538)
LAW 122 (618)
Chapter 2

LAW122; Chapter 2 - Litigation & Alternative Dispute Resolution.docx

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Law and Business
LAW 122
Eric Libman

LAW122 | Chapter 2 – Litigation & Alternative Dispute Resolution Litigation Process → Who Can Sue/Be Sued  Access to courts in Ontario (for businesses, going to court is very time-consuming – thus they usually settle) o Adults (all) o Corporations → (limited liability) o Trade unions o Special cases → children, adult with incapacity  Unincorporated organizations – can’t be sued as not “persons” Litigation Process → Class Actions  Allows single person or small group of people to bring legal claim on behalf of larger group of people (raise awareness to a legal issue) o i.e. Birds bumping into glass – Cadillac Fairview – Environment Pro.  Class → group of people on whose behalf legal claim brought  Ontario Class Proceedings Act governs class actions o Representative plaintiff must take steps to have class certified (plaintiff → person who’s suing the defendant) o Certification – court decides to allow claims of individual members of proposed class to be joined together  Class Proceedings Act → Requirements o “Cause of action” o Common issues o Sub-classes o Representative plaintiff (has workable plans to notify all potential members of proposed)  Fairly represent interest of the class  Can’t opt out unless you use some process  Contingency fee (element of risk for the lawyer – greater payout or a long lawsuit) o Preferable procedure for addressing various claims  Someone has to pay costs of action (including lawyer’s fee)  When there aren’t legal services providers → many problems arise o i.e. When people defend themselves  In Ontario, there are paralegals (not a lawyer, but someone who offers legal advice and services) o Only jurisdiction in North America that allows non-lawyers in court  It is very important that the action must be brought in the appropriate/applicable limitation period (if the limitation period is passed, one must get the permission of the court to proceed → long and complex process) o Most common limitation period = 2 years  Preceding statement of claim or statement of defense o Max. amount of $ being claimed in a Small Claims Court = $25,000 Intention of small claims court → get to court quicker o Superior Court of Justice would allow claims more than $25,000 Higher lawyer fees apply  Damages o No licenses can be renewed if you didn’t settle court fees o Equitable remedy  Not for monetary amount (but…)  No
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