The Class Action in Common Law Legal Systems

The Class Action in Common Law Legal Systems
Author: Rachael Mulheron
Publisher: Bloomsbury Publishing
Total Pages: 616
Release: 2004-11-15
Genre: Law
ISBN: 1847310966

Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.

Third Party Funding

Third Party Funding
Author: Gian Marco Solas
Publisher: Cambridge University Press
Total Pages: 365
Release: 2019-09-26
Genre: Law
ISBN: 1108570887

In Third Party Funding, Gian Marco Solas, for the first time, describes third party funding (TPF) as stand-alone practice within the wider litigation and legal services' markets. The book reports on legal issues related to TPF in both common law and civil law jurisdictions, and in the international context. It then discusses the incentives and economics of TPF transactions in different legal contexts while explaining how the practice emerged and how it is likely to develop. In addition, the book offers practical insights into TPF transactions and analyzes a number of regulatory proposals that could affect its use and desirability. This work should be read by scholars, practitioners, policymakers, and anyone else interested in how TPF is changing the practice of law.

Skippyjon Jones, Class Action

Skippyjon Jones, Class Action
Author: Judy Schachner
Publisher: Penguin
Total Pages: 36
Release: 2011-07-12
Genre: Juvenile Fiction
ISBN: 1101651911

Skippyjon Jones really wants to go to school. School is for dogs, his mama tells him. It's where they go to get trained. But nothing can stop Skippy-once inside his closet, he finds himself on the playground of his imagination, surrounded by dogs of all kinds. He bays with the beagles, learns French with the poodles, and checks out a Chihuahua book from the library. And when a bully starts sending shiver-itos down the spines of the little yippers, Skippy saves the day and earns the biggest gold star.

Truth and Reconciliation Commission of Canada

Truth and Reconciliation Commission of Canada
Author: Truth and Reconciliation Commission of Canada
Publisher:
Total Pages: 30
Release: 2012
Genre: Indians of North America
ISBN: 9781100199948

This interim report covers the activities of the Truth and Reconciliation Commission of Canada since the appointment of the current three Commissioners on July 1, 2009. The report summarizes: the activities of the Commissioners, the messages presented to the Commission at hearings and National Events, the activities of the Commission with relation to its mandate, the Commission's interim findings, the Commission's recommendations.

Class Proceedings

Class Proceedings
Author: Manitoba. Law Reform Commission
Publisher: Manitoba Law Reform Commission
Total Pages: 174
Release: 1999
Genre: Law
ISBN:

This report considers two central issues: whether Manitoba should adopt a class proceedings regime, and if so, what the defining features of that regime should be. After an introduction on the importance of class proceedings in improving access to justice, chapter 2 outlines the current Manitoba law on multi-party proceedings, provides a brief overview of class proceedings legislation in other jurisdictions, and describes the types of situations in which class proceedings have been used in those jurisdictions. Chapter 3 discusses reasons advanced for and against class proceedings, including access to justice, efficient use of judicial resources, windfalls for lawyers, and the effects on Manitobans of class proceedings in other jurisdictions. Chapter 4 proposes and discusses the features of a class proceedings regime, including general objectives, certification, class membership, costs and fees, and conduct of proceedings. The final chapter summarizes recommendations for reform and a proposed Class Proceedings Act is appended.

Class Act

Class Act
Author: Anne-Marie Mooney Cotter
Publisher: Routledge
Total Pages: 371
Release: 2016-05-23
Genre: Social Science
ISBN: 1317165284

Even today, class discrimination remains an important global legal issue. This book allows readers a better understanding of the issue of class discrimination and inequality, including the role of education in bridging the class systems. The study seeks to increase the likelihood of achieving equality at both the national and international levels for those suffering class discrimination as the international population becomes increasingly educated, looking at the primary role of legislation, which has an impact on the court process. It also discusses the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in a historical and compelling analysis of discrimination. By providing a detailed examination of the relationship between class and education as they relate to the law, the book will be an important read for those concerned with equality.

The Next Generation of Impact Assessment

The Next Generation of Impact Assessment
Author: Meinhard Doelle
Publisher:
Total Pages: 0
Release: 2021
Genre: Environmental impact analysis
ISBN: 9781552215739

"The Federal Court and Federal Court of Appeal are unique among Canada's courts because they are itinerant -- they hear cases in all parts of Canada -- as well as bilingual and bijural. This book was prepared for the celebration of the 50th anniversary of the Federal Courts of Canada in 2021. Seventy-eight current and retired judges on the two courts were interviewed and are referred to throughout the book. The authors present a brief history of these courts and their predecessor -- the Exchequer Court of Canada -- and an overview of the courts' jurisdiction, decision-making trends, and unique attributes. There are chapters on each of the courts' specialties -- administrative law, immigration and refugee law, intellectual property, security and intelligence, Indigenous issues, the environment, admiralty, labour and human rights, and tax. Chief Justice Noèel and Chief Justice Crampton each contribute a chapter. The preface is by Justice Frank Iacobucci and the epilogue by Justice Robert Dâecary."--