LAW 122 Chapter 2: Chapter-2-LAW-122
21 Apr 2016
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Document Summary
Litigation: the system of resolving disputes in court. All adults free to use courts, whether or not they are canadian citizens. Children must be represented by a parent of litigation guardian, mental incapacitated adults must see a court-appointed representative. Corporation is a type of person therefore sue or be sued. Unincorporated organizations (clubs, church) can"t be sued (not classified as legal persons), must sue members: trade unions are the exception. Class action: allows a single person (or small group) to sue on behalf of a larger group claimants. Class action may also save society money: ex: if there are thousands of claims, and each one is almost identical, it is cheaper to deal with them all at once; court time is expensive. Notification: representative plaintiff must notify potential class members (newspaper/magazines) Preferable procedure: court must be convinced that a class action is the preferable procedure for dealing with the claims.
