Exam 2: Litigation and Alternative Dispute Resolution

Even if a cause of action is not caught by any statutory limitation period, a plaintiff who waited many years before attempting to sue may be prevented from doing so by the equitable doctrine of laches.

Class actions have become more common in Canada in recent years. That increase in popularity can be explained, at least in part, by the fact that

Examinations for discovery

The federal government is concerned about the possibility that one or more provinces might try in the future to separate from Canada and become independent countries. The federal government has therefore created legislation to govern the validity of any attempts at separation. It would like to have the Supreme Court of Canada's advice as to whether that legislation is constitutionally valid. As a matter of fact, however, the legislation is not yet the subject of any lower court decisions. Is there any way in which the federal government can bring its statute before the Supreme Court of Canada? Or is that Court limited to hearing appeals from lower court decisions?

Which of the following statements is TRUE?

Marisa successfully sued Ivan, a stockbroker who works for Blue Sky Investments, for breach of contract. The court held that Ivan's breach caused Marisa to suffer a financial loss of $50 000. The court also held that Ivan is personally liable to pay that amount to Marisa. Which of the following statements is TRUE?

Chad purchased an economics text book online from Shady Press Inc for $40. While the information contained in the book appears to be correct and current, the book itself began to fall apart almost immediately. After he complained about the situation in an electronic chat- room that had been set up by his course instructor, Chad discovered that a large number of other students had suffered through the same experience. Chad then emailed Shady Press to register his complaint and to ask for a rebate on at least part of the price. The company responded by saying that, as a matter of policy, it would not provide any sort of financial relief unless ordered to do so by a court. Although he is now even more annoyed at Shady Press than before, he assumes that he is, practically speaking, powerless to do anything. He has heard that litigation is expensive and he is unwilling to spend a lot of money in the hope of getting a refund on a book that cost only $40. Assuming that the company will not pay unless compelled by a judge to do so, what advice can you offer to Chad? Suggest, and briefly describe, several strategies that might overcome Chad's concerns about costs. (You need not go into great detail on each strategy.)

Which of the following statements is TRUE with respect to representation in legal disputes?

Jinyan has been involved in a law suit for several years. She recently sought "leave" from the Supreme Court of Canada. That means that she

A number of commentators have referred to litigation as a "lottery." By using that word, they are suggesting that

Hobbes has sued Kant for breach of contract. The facts and issues are very complicated. Which of the following statements is TRUE?

There is no guarantee that things will go well merely because you hire a lawyer. There are, however, certain factors that provide some assurance that (i) a lawyer is competent, (ii) a lawyer will act ethically, and (iii) compensation will be available if you suffer a loss as a result of a lawyer's careless or wrongful behaviour. Identify and briefly describe the relevant factors for each of those three propositions.

Which of the following statements is TRUE?

Kabesa Inc sued Mahuja Ltd. The court held in favour of the defendant. The court probably also ordered Kabesa Inc to pay Mahuja Ltd's costs.

Citizens are protected from shady lawyers by the law society's assurance fund. That fund consists of the professional liability insurance that each lawyer is required to hold while practicing.

At the end of a case, a court awarded costs against Craig. Which of the following statements is TRUE?

Which of the following statements regarding the Supreme Court of Canada is TRUE?

Which of the following statements is TRUE with respect to small claims courts?

As a result of recent events, Marshall requires legal representation. Because he has limited knowledge of the law, he has ruled out the possibility of self- representation. He realizes that he therefore must hire someone to act on his behalf. In choosing between hiring a lawyer and hiring a paralegal, what factors should he take into consideration?

Geeta was one of several hundred people who received tainted blood from a hospital that carelessly collected and stored blood. Although each of the victims will be able to make essentially the same arguments against the hospital, a court will not certify a class action unless each of the victims also intends to claim roughly the same amount of damages.