Textbook Notes (368,330)
Canada (161,803)
LAW 122 (625)
Chapter

LAW122 - CHAPTER 2

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Department
Law and Business
Course
LAW 122
Professor
Asher Alkoby
Semester
Summer

Description
CHAPTER2LITIGATION AND ALTERNATIVE DISPUTE RESOLUTIONLigitation the system of resolving disputes in courtMany types of issues and disputes are taken not to courts but rather to administrative tribunalsLigitation is often a pooe way to settle disputes Its expensive unpredictable and fatal to business relationships THE LITIGATION PROCESSWHO CAN SUE AND BE SUED All adults are free to use the Canadian courts whether ot not they are Canadian citizens An adult who is suffering from a mental incapacity must use a courtappointed representative Children must be represented by a parent or ligitation guardian A corporation is a type of person so they can be sued or sue Unincorporated organizations clubs church groups are not classified as legal persons so they cannot be sued or sue but you can sue the individual memebers of those organizations King can do not wrong traditioinally Crown could not get sued without consent but now its changed but still complicated and introduces unusual restrictionsCLASS ACTIONS Sometimes not worth the fight and easier to pay small penalty then to start a lawsuit A class action allows a single person or small group of people to sue behalf of a larger group of claimants Some situations in which they are frequently seen Concept Summary 21 on page 31 Allow small individual to take on large organizations Threat may also prevent a wrong from occurring in the first place Class actions may also save society money cheaper to deal with thousands of claims that are the same Seven provinces have legislation dealing with class actionsA Common issues must be common issues amongst the various members of the class For example they may all be women who received defective breast implants from the same manufacturer Not necessarily identical thoughB Representative plaintiff Plaintiff must qualify as a representative plaintiff Must demonstrate a workable plan for fairly representing the interests of the class membersC Notification A representative plaintiff ust have a workable plan for notifying potential class members These notices are important a class action automatically ncludes every claimant who has not expressly opted out within a certain length of time And every member of that class will be bound by the decision that the court gives at the end of the trial People who have not opted out cannot bring seperate actions on their ownD Preferable procedure Court must be convinced that a class action is the preferable procedure for dealing with the claims It will for instance consider whether a class actin will become too complicated and whether there are enough similarities between the class membersE Certification which represents the courts decision to allow the various claims to be joined together and to procceed as a class actionLEGAL REPRESENTATION1 Self representation small claim courts have encouraged people to deal with some sorts of disputes by themselves but it may be expensive in the long run to lose a lawsuit because of your lack of experience2 Lawyers People cannot act as lawyers until they have graduated from law school completed an apprentice period known as a period of articles passed the bar The Law Society
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