Textbook Notes (363,264)
Canada (158,281)
LAW 122 (616)
Stan Benda (71)
Chapter 2


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Ryerson University
Law and Business
LAW 122
Stan Benda

Chapter 2 Litigation and Alternative Dispute ResolutionWe will continue to focus on risk mgthow a person can reduce their risks that are associated with litigationsoLitigationis the system of resolving disputes in courtTHE LITIGATION PROCESSWho Can Sue and Be SuedAs a general rule every adult is free to use the Canadian courts whether or not they are Canadian citizensFor eg it is possible for an American consumer to sue a Canadian comp for delivering shoddy goodsThe situation is more complicated with org A corporation is classified as a person therefore a company can sue or be sued In contrast an unincorporated organization ie a church are not classified a person thus cannot sue be sue Rather one can sue the individual members of these orgClass ActionsIt is sometimes too much trouble or too costly for an individual like yourself to sue an org For eg 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 500000 ppl they collected as much as 150 millionoClass Actionallows a single person or a small group of people to sue on behalf of a larger group of claimantsAn individual Gordon Garland although only paying 75 in late payment penalties was able to hold the corp accountable via a class action7 provinces have legislations dealing with class actions Although the details vary from place to place the general idea is the sameCommon issues There must be common issues amongst the various members of the class Eg they may all be women who received defective implants for the same manufacturerRepresentative Plaintiff The plaintiff must qualify as a representative plaintiff Heshe mush demonstrate theinterest of the class membersNotification A representative plaintiff must also have a workable plan for notifying potential class members Eg Reporting the Class Action lawsuit in newspapers or magazinesPreferable procedures The courts must be convinced that a class action is the preferable procedure for dealing with the claims Eg determining whether a class action will be too complicated or whether there are enough similarities bt the membersCertification represents the courts decision to allow the various claims to be joined togetherproceed as a class action Usually the most important step in the entire process Legal RepresentationAssuming that you want to sue or that you have been sued you need to make a decision regarding your legal representationSelfRepresentation1 of 7
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