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Canada (161,707)
LAW 122 (625)
Chapter 2

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Law and Business
LAW 122
Avi Weisman

Chapter 2 Litigation and Alternative Dispute ResolutionLitigation Process Litigation the system of resolving disputes in courty Risks expensive often unpredictablefrequently fatal to business relationshipsWho Can SueBe Sued y As a general rule all adults are free to sue the Canadian courts whether or not they are Canadian Citizensy An adult who is suffering from a mental incapacity must use a courtapproved representative y Children must be represented by a parent or litigation guardian y Clubs and churchesare not classified as legal persons therefore they cannot sue or be sued y Statutory authority required o sue governmentClass Actions y A class actions allowed a single person or a small group of people to sue on behalf of a larger group of claimants y Class action are becoming increasingly common in Canada y They allow small individuals to take on large orgs y It is much easier to find a law firm to take on a case that may be worth 150mil vs 75 y Threat of a class action may also prevent a wrong from occurring in the first place y Class actions may also save society moneyif there are thousands of claims and each one is almost identical it is cheaper to deal with them at once y Court time is very expensive y Class Actions Requirements o Common issues must be common issues amongst the various members of the class o Representative plaintiff must represent the interests of the class members o Notification must have plan for notifying potential class members ie Notices in newspapers as members of that class are bound by the decision o Preferable procedure class action is the preferable way of dealing with claims o Certification courts decision to allow that class action to proceed allows the claims to be joined together as a class actionLegal Representation Self Representation y You have the right to represent your self y Usually advisable only in simple manners y Not advisable because there are lots of rules to follow y While is it expensive to hire a lawyer it may be far more expensive in the long run to lose a lawsuit bc of your own lack of experienceLawyers
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