Textbook Notes (369,074)
Canada (162,369)
LAW 122 (625)
Chapter 2

Chapter 2

6 Pages

Law and Business
Course Code
LAW 122
Avi Weisman

This preview shows pages 1 and half of page 2. Sign up to view the full 6 pages of the document.
Monday September 19 , 2011 Chapter 2 Litigation & Alternative Dispute Resolution The Litigation Process -Litigation  is the system of resolving disputes in court -Risks of litigation:  expensive  time consuming  unpredictable  frequently fatal to business relationships -Litigation is rare  very few cases are decided by judges in court  Most disputes are settled out of court; we rarely hear about those details  Fewer than 1% of private disputes are decided by judges Who Can Sue? -General Rule: Any person or corporation can sue or be sued -person who lacks legal capacity can sue or be sued but must act through a representative  Example: child or adult with mental disability) -statutory authority required to sue government -a corporation is a type of a person  A company may therefore sue or be sued -unincorporated organizations such as clubs and church groups are not classified as a legal person  Normally cannot sue or be sued Class Actions: -Purpose: multiple claims against single defendant joined together in one action -suing on behalf of large group of claimants; allows small individuals to take on large organizations -small claimants able to share costs of litigation against large defendant  Example: product liability, mass torts, workplace discrimination -a company may not worry about thousands of claims worth a few dollars each, but it will worry about a single claim worth $50 million -class actions are becoming increasingly common in Canada  Primary attraction: they allow small individuals to take on a large organization -class action requirements: 1. Common Issues:  must be common issues amongst the various members of the class  Example: there may be a women who received defective breast implants from the same manufacturer as another women, not necessary every claim is to be identical 2. Representative Plaintiff:  he/she must demonstrate a workable plan for fairly representing the interests of the class member  Example: this situation will not be true; the plaintiff wants the court to rely on a rule that will help some circumstances that affect some claim acts Monday September 19 , 2011 3. Notification:  must have plan for notifying potential class members as members of that class are bound by the decision  it is not unusual for instance to see class action notices in newspapers or magazines 4. Preferable Procedure:  class action is the preferable way of dealing with the claims  considers whether a class action will become too complicated and whether there are enough similarities between the class members 5. Certification:  court’s decision to allow the class action to proceed (allows the claims to be joined together as a class action)  most important step in the entire process as a class  it demonstrates that the courts believes that there is a serious and genius claims to be considered Legal Representation: -if you have been sued or want to sue it is important that you make a decision regarding legal representation, who will argue for your side? -question raises an important risk management issue 1. Self Representation:  right to represent yourself  usually advisable only in simple matters  it is expensive to hire a lawyer however, it may be far expensive to lose a lawsuit in the long because due to the lack of experience  you can go to the court and argue your case before the judge without being a lawyer 2. Lawyers:  required to have graduated from Law School, articled, passed bar  Law Society regulates the profession  Law Society establishes and applies Codes of Conduct and investigates/punishes misconduct  Punishes people who do not act responsibly  Other advantages: lawyers must carry professional liability insurance  If your lawyer acts careless and you suffered a loss, you may sue for professional negligence  communications are confidential and privileged  there are a number of advantages of hiring a lawyer:  Example: conversation with your lawyer generally confidential and privileged meaning that your lawyer cannot share your information with anyone without your consent  Law societies also provide assurance funs which provides compensation to people who have been hurt by dishonest lawyers 3. Paralegals – not a lawyer but provides legal services  Since 2007, Law Society of Upper Canada has licensed paralegals in Ontario  Now Paralegals must:  train at an approved institution  complete examinations just as lawyers need to write the Bars  abide by a Code of Conduct (punishable by misconduct)  carry liability insurance Monday September 19 , 2011  Restrictions on paralegals:  confined to certain types of work, e.g. representation in Small Claims Court, administrative tribunals  cannot work on a contingency fee basis  paralegals are common in small claim courts, land lords and tenant tribunals  vast majority are knowledgeable, professional, honest paralegals remain somewhat controversial Pleadings: -The documents that are used to identify the issues and clarify nature of dispute -Needs to be drafted by party, issued by court, served on party -Plaintiff = person making complaint -Defendant = person about whom complaint is made -Need to start pleadings process promptly; limitation periods!  Limitation period is a period of time within which an action must be started -Limitation Periods because:  after time evidence gets lost/ becomes murky  can’t hold the threat of litigation over someone forever -Lawsuit starts w:  Statement of Claim  A document in which the plaintiff outlines the nature of the complaint, it states facts that the plaintiff intends to rely upon and the remedy it wants to receive  Statement of Defense – denies the facts or any liability  Document in which the defendant sets out its version of the facts and indicates how it intends to dent the claim  Counterclaim  claim that the defendant makes against plaintiff o Example: if the plaintiff sues for the price of goods that it delivered to the defendant, the defendant may believe that those goods are
More Less
Unlock Document

Only pages 1 and half of page 2 are available for preview. Some parts have been intentionally blurred.

Unlock Document
You're Reading a Preview

Unlock to view full version

Unlock Document

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.