Summary: Civil Disputes

Read the summary and the most important questions on Civil Disputes

• "05-12-1996" "Exam"

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• Canadian mass claims

  Horizontal, opt-out, plaintiff-friendly, contingency fee.

• Defining feature of the Canadian class action

  Possible to file multiple, similar actions in different provinces

• Potential claimants in Canada mass claims

  An individual or corporate plaintiff, must demonstrate capability to adequately represent the interests of the class, must have produced a litigation plan (that sets out a workable method of advancing the proceedings. Must not have an interest that conflicts with the interests of other class members on the common issues for the class

• Certification in Canadian mass claims

  procedure is similar to US certification. An individual must file a statement of claim--> this action must be certified as a class proceeding. Statute professes the requirements for the certification: sufficient commonality among the claims, whether class proceeding is preferable, and whether it would advance the three goals of class proceedings (judicial economy, access to justice and behavioural modification)

• Funding in Canadian mass claims

  Lawyers -> contingency fee basis or standard fee basis (court assess reasonability fee). Rep plaintiff may bear the cost of funding. TPF in two provinces recently allowed. TPF agreement must be transparent/disclosed to the court, approved by court, not compromise or impair the lawyers duty of loyalty and confidentiality; must not impair the lawyer's judgment and conduct of the litigation on behalf of the class. Legal aid, demand 10% of outcome

• Trial in Canadian mass claims

  two phases:: trial on common issues, where the court issues a judgment on the common issues which is binding on all class members. If common issues trial is successful -> second phase -> remaining individual issues are tried through individual issue trials.

• Costs of proceedings in Canadian mass claims

  Ontario and Quebec --> loser pays, both jurisdictions could assist the rep plaintiff in meeting the burden of the costs (by reducing costs, or providing legal aid). Other provinces: special no costs rule that apply specifically in class actions, can be circumvented if party acts negligently, parties still responsible for own disbursements

• Settlement in Canadian mass claims

  rep plaintiff needs a court approval to implement class settlement --> must demonstrate that settlement is fair, reasonable, and in the best interest of the class. If approved, binding on all class members unless they opt-out, they need to be notified about the settlement approval and be given terms and period to opt-out.

• Appeal in Canadian mass claims

  Differs in provinces, all jurisdictions a party has the right to appeal a final judgment on the common issues or a final award of aggregate relief.

• Bringing a class action in US

  File a proposed class actions, plaintiff seeks to represent themselves and all other similarly situated persons, named plaintiffs must satisfy specific requirements.