LAW 122 Chapter 2: Chapter 2 Litigation and Alternative Dispute Resolution
Document Summary
Litigation: is the system of resolving disputes in court. Who can sue and not sue: a general rule is that all adults are free to use the canadian courts even if they are a foreigner. Mental disabled and children may be represented by a court representative. Class action: allows a single person, or a small group of people, to sue on behalf of a larger group of claimants therefore letting small individuals take on large organizations. Common issues: there must be a common issue amongst the various members of the class. Representative plaintiff: the plaintiff must qualify as a representative plaintiff that demonstrates a workable plan for fairly representing the interest of the class members. Notification: a representative plaintiff must have a workable plan for notifying the potential class members. A class action automatically includes every claimant who has not opted out with a certain period of time.