MGSC30H3 Chapter Notes - Chapter 2: Alternative Dispute Resolution, Class Action, Liability Insurance
Document Summary
Litigation: system of resolving disputes in court. Although trade unions are unincorporated, can be sued/ persons -> cannot be sued/ sue sue: special rules apply when gov sued -> the king can do no wrong , the crown could not be sued without it"s consent. Class action: allows a single person or a small group of people to sue on behalf of a large group of claimants: 7 provinces have legislation dealing with class action, basic ideas: identical. Common issue: not necessary but for every claim to be. Preferable procedure: court must be convinced that class action is preferable procedure for dealing with the claims. Certification: rep the courts decision to allow the various claims to be joined together and to proceed as a class action most important step, if court believes there is a serious and genuine claim to be considered. If you rep yourself you have, a fool for a lawyer and a fool for a client .
