LAW 122 Lecture Notes - Lecture 2: Liability Insurance, Canadian Human Rights Tribunal, Adversarial System
25 Oct 2015
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Dispute resolution: litigation is the system of resolving dispute in court. However, a judgement is a public document, and may be reproduced by a case reporter and even mentioned in a newspaper: generally all adults are allowed to use the canadian courts, even if they are not a citizen. For example, women who received defective breast implants from the same manufacturer. It is not necessary for the claim to be identical, and the court may set up a process to deal with special circumstances of some claimants: representative plaintiff plaintiff must qualify as a representative plaintiff. They must demonstrate a workable plan for fairly representing the interests of the class members. For example, they cannot rely on a rule that will help some claimants but hurt others: notification representative plaintiff must also have workable plan for notifying potential class members.
