Exam 2: Litigation and Alternative Dispute Resolution

Rawls Inc recently sued Nozick Ltd.As Nozick has pointed out, however, Rawls' statement of claim was not filed within the limitation period.Which of the following statements is TRUE?

A contractual dispute has arisen between Jyoti and Arlen.She believes that he owes her money, but he disagrees.The parties do, however, agree that it would be desirable to resolve the dispute as quickly and as amicably as possible.For that reason they should use litigation, rather than negotiation.Negotiation tends to take much longer, and is much more likely to generate hostility, because it requires the parties to discuss the matter between themselves, rather than through their lawyers.

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

A trial judge in Manitoba has heard a case dealing with a particular issue.Which of the following statements is TRUE according to the doctrine of precedent?

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

The front window of Polly's Flower Shop was recently broken when someone threw a rock through it.Which of the following statements is TRUE?

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

Tom Servo sued Crow Robot Inc.The circumstances surrounding the company's allegedly wrongful act are highly unusual.Which of the following statements is TRUE?

Katrina has sued Bensam Inc, her former employer, for unfairly firing her from her job.The company denies that it has done anything wrong.The parties have exchanged pleadings and are now preparing to participate in a pre-trial case planning conference.The trial is less than one month away.This means that they will necessarily meet with a mediator, rather than a judge, at the pre-trial case planning conference for the purpose of discussing their case and possibly reaching a settlement.

Geetha has been diagnosed with skin cancer.Based on her physician's diagnosis, she believes that her condition was caused by SofSkin, a lotion that she used for many years.She wants to sue the manufacturer of SofSkin, but she realizes that a lawsuit would require a great deal of complicated evidence, and therefore would likely be long and expensive.Which of the following statements regarding class actions is TRUE in this situation?

Demartini Inc sued Bentley Regehr for breach of contract.Demartini argued that it was entitled to receive a payment of $50 000 from Regehr.After failing to reach a settlement, the parties took their case to court.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?

Citizens are protected from dishonest lawyers who steal money or breach conditions of trust for holding client's money, by the law society's assurance fund.That fund always consists of the professional liability insurance that each lawyer is required to hold while practising.

Which of the following statements is TRUE with respect to pleadings?

Kabesa Inc sued Mahuja Ltd.The court held completely in favour of the defendant and the claim of Kahesa was dismissed in its entirety.The court probably also ordered Kabesa Inc to pay Mahuja Ltd's costs.

There is no guarantee that things will go well merely because you hire a lawyer.There are, however, certain conditions that are required of lawyers, which provide some assurance that (a) a lawyer is competent, (b) a lawyer will act ethically, and (c) 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 conditions for each of those three propositions.

Kathy has sued her employer in a superior court.Although Kathy is the first person in her province to make such a claim, similar cases have occurred elsewhere.In Boe v Demarco, the Federal Court of Appeal dealt with the same issue, but held that the law applied in favour of the employer.Under the doctrine of precedent, the judge hearing Kathy's claim will have to apply the same rule.

Kirndeep Khan wants to sue her employer for sexual harassment.She has therefore hired Rory McAngus to represent her.Which of the following statements is TRUE?

Kirndeep recently received a bachelor of business administration.She has, however, always dreamed of representing people with legal problems.She has come to you for advice and guidance regarding the various possibilities.Which of the following statements is TRUE?

Until recently, Enya did all of her banking at the Bank of the Prairies (BOP).She transferred her business to a different bank when she discovered that BOP had been systematically overcharging for a number of services.Enya was, for instance, charged excessive amounts every time that she wrote a cheque or withdrew money at an ATM.She knows that friends and relatives were similarly overcharged when, for example, they paid bills by telephone or received payment by way of direct deposit.Enya suspects that she personally was overcharged about $750.While that represents a substantial amount for her, she also realizes that litigation against BOP might involve a great deal of time and expense.She consequently wonders if her case might be a suitable candidate for a class action.She would like to participate in a class action alongside all (or many) of the other people who have been overcharged by BOP.What requirements must be satisfied before a court will grant certification to a class action?