LAW 122 Chapter 2: LAW122 - Chapter 2
14 Oct 2015
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Chapter 2 litigation and alternative dispute resolution. The supreme court of canada: common issues, representative plaintiff, notification, preferable procedure, certification. Judicial review of substantive decisions: statement of defence. Judicial review of procedural decisions: counterclaim. Remedies of judicial review: reply, demand for particulars. Who can sue and be sued? human beings general rule: any person can sue or be sued regardless of citizenship. Special cases: person who lacks legal capacity can sue or be sued but must act through a representative. Canadian courts unincorporated association: not a type of legal person (clubs and church groups_ are no classified as legal person. Impossible to sue the king unless given permission to: generally possible for the govn. to sue or be sued. Class actions increase in popularity: save money by eliminating the need for similar actions to be brought to court separately purpose.
