Textbook Notes (362,842)
Canada (158,078)
LAW 122 (614)
Stan Benda (71)
Chapter 2

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Ryerson University
Law and Business
LAW 122
Stan Benda

Chapter 2Litigation and alternative dispute resolution The litigation processWho can sue and be suedAll adults can use Canadian courts even if they are not Canadian citizens A corporation can sue or be suedIncorporated organizations like clubschurch groups cannot sue or be sued o But individual members of the organization can be suedCrown could be sued without its consentClass actions o Ex on pg 30 o Class action allows a single person or a small group of ppl to sue on behalf of a larger group of claimantsBecoming common in CanadaEx on pg 30 o 7 provinces have legislation dealing with class actionsCommon issuesMust be common issues amongst the various members of the classEx on pg 31Representative plaintiffPlaintiff claimant must qualify as a representative plaintiffMust demonstrate a workable plan for fairly representing the interests of the class membersNotificationRep plaintiff must also have a workable plan for notifying possible class membersClass action notices can be seen in newspapers or magazinesClass action automatically includes every claimant who did not opted out within a certain length of timeEvery member of that class will be forced by the decision court givesPreferable procedureThe court must be convinced that a class action is the preferable procedure for dealing with the claimsCourt will consider whether a class action will become too complicated and if there are enough similarities btwn the class membersCertificationIt represents the courts decision to allow the various claims to be joined together and to proceed as a class actionMost imp step in the entire processIt shows that the court believes that there is a srs and genuine claim to be consideredLegal representationSelfrepresentation o U can represent urself u can go to court and argue ur case b4 a judge o Small claims courts encourage ppl to deal with some sorts of disputes by themselvesLawyers o Advantages of hiring lawyerIt provides u with competent help and may increase ur likelihood of successConversations with ur lawyer are confidential and privileged o Lawyers have to be graduated from law school complete apprentice period and pass the bar by writing exams o Law Society regulates the lawyer professionImposes codes of conduct and punishes members who act improperly o Professional liability insurance allows you to receive compensation from the lawyers insurance company in the case of negligence acts by your lawyer o Assurance funds provides compensation to ppl who have been hurt by dishonest lawyersParalegals o Paralegal is a person who is not a lawyer but provides legal advice and services o Common in small claims courts and landlordtenant tribunals o Anyone providing legal services have to go through the steps of becoming a lawyer and being admitted to the barParalegal who operates outside of that system may be prosecuted for practicing law without a license o Paralegals Have not received formal trainingHave not been regulated by a governing bodyHave not been governed by a detailed code of conductHave not been required to carry liability insurance o More on paralegal on pg 34Pleadings
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