Short note on The Litigation Process

Question

Write short note on The Litigation Process?

Answer 1

Litigation is the system of determining disputes in court. As a general rule, all adults are free to use the Canadian courts, whether or not they are Canadian citizens. Minors or adults with a mental disability can be sued or sue only through a court-appointed representative. Corporations are legal persons and therefore can sue or be sued. Unincorporated associations, with the exception of trade unions, cannot sue or be sued, but their individual members can. The general rule is that the “king can do no wrong,” that means governments cannot prosecuted unless a statutory authority permits it.

Class action suits are also allowed, where a single person or a small group of people sues on behalf of a larger group of claimants. Class action claims are becoming increasingly prevalent in areas like product liability, mass torts (e.g., contaminated water supply), gender discrimination in the workplace, banking (e.g., improper service charges), business law (e.g., price fixing), and securities law (e.g., insider trading).