Defending Class Actions In Canada
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Defending Class Actions In Canada
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Author :
language : en
Publisher: CCH Canadian Limited
Release Date : 2007
Defending Class Actions In Canada written by and has been published by CCH Canadian Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Defending Class Actions in Canada is aimed at businesses that may become defendants in class actions in Canada and the lawyers who defend them. Companies doing business in this country now have an intense interest in the proliferation of class actions and the risks posed by that development to their operations. This book not only outlines all of the steps in such actions and the law that governs them, it provides a useful analysis on a national scale of the most important developments and predictions of future trends.
Defending Class Actions In Canada
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Author : McCarthy Tétrault (Firm)
language : en
Publisher: CCH Canadian Limited
Release Date : 2002
Defending Class Actions In Canada written by McCarthy Tétrault (Firm) and has been published by CCH Canadian Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Business & Economics categories.
World Class Actions
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Author : Paul G. Karlsgodt
language : en
Publisher: Oxford University Press, USA
Release Date : 2012-09-13
World Class Actions written by Paul G. Karlsgodt and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-13 with Law categories.
Part I of the book provides a jurisdiction-by-jurisdiction survey of the class action, group, collective, derivative, and other representative action procedures available across the globe. Each chapter is written from a local perspective, by an attorney familiar with the laws, best practices, legal climate, and culture of the jurisdiction.
Class Actions And Government
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Author : Rachael Mulheron
language : en
Publisher: Cambridge University Press
Release Date : 2020-04-02
Class Actions And Government written by Rachael Mulheron and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-02 with Law categories.
Government, in all of its guises, plays a significant, controversial, and sometimes hidden, role in class actions reform and litigation.
Class And Group Actions In Arbitration
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Author : Bernard Hanotiau
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-09-23
Class And Group Actions In Arbitration written by Bernard Hanotiau and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-23 with Law categories.
Several decades ago, a typical arbitration would involve one claimant against one respondent. Over the years, more and more cases involve several claimants against several respondents. Today, one third of all international ICC arbitrations seem to involve multiparty cases, multi-contract cases involving multiple contracts, multiple parties. The evolution has continued and the debate today is whether it would be possible for a class of people in the same situation or a group of citizens having the same interest to start one single arbitration procedure as a group or as a class. This publication examines the complex issues involved in class or group arbitration on a comparative law basis. Is there a place for such proceedings within the framework of the arbitration process? Class action procedures, as developed in the United States court system and more recently in Canada, are almost nonexistent in Europe. The European Commission has advocated collective redress as an important means of access to justice but class actions have found little enthusiasm in the Members States. The book highlights the lessons which have been learned from the experience of cases in the US and in Europe. What does the future hold for class, collective and mass arbitrations? Are they a marginal phenomenon or has their potential yet to be realized? What are possible solutions to the issues that have been encountered? Can we expect to see more of such arbitrations in the future? Written by arbitrators, academics and practitioners, this Dossier will provide the answers to these questions and many more.
Financial Services Financial Crisis And General European Contract Law
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Author : Stefan Grundmann
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Financial Services Financial Crisis And General European Contract Law written by Stefan Grundmann and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
Speculation is rife on the origins of the worldwide financial crisis of 2008, with a preponderance focusing on alleged shortcomings in corporate governance. This book offers a distinct yet complementary perspective: that the most useful path to follow, if we want to understand what happened and forestall its happening again, is through an analysis of contract relationships - specifically, banking contracts entered into in the financial services sector, considered under the rubric of contract law rather than company law. Because banking is the area of European contract law which is most thoroughly developed, banking contracts can be seen as paradigmatic of typical assumptions and shortcomings often examined in the more general debate on contract law. And indeed, the very thoroughness of European banking contract law makes it a promising ground on which to build effective preventive measures. In this book thirteen noted scholars, recognizing that modern contract law must take into account global markets and risks, consider banking contracts within networks and within mass transactions. Always attending to the long-term relationships that characterize financial services contracts, they focus on such cross-sector issues as the following: rule-setting and the question of who should best regulate and at which level; networks of contracts as the backbone of a market economy; the complex interplay between market regulation and traditional contract law; avoiding erroneous assumptions about the future development of prices; the passing on of the risk via securitization; rating relationships affected by conflicts of interests; remuneration problems; core duties of information and advice in an agency relationship in services; fiduciary duties of loyalty and care; types of clients and level of protection; differentiation in information available on various markets; and the question of enforcement.
Multi Party Litigation
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Author : Wayne V. McIntosh
language : en
Publisher: UBC Press
Release Date : 2010-01-01
Multi Party Litigation written by Wayne V. McIntosh and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
Drawing upon insights from law and politics, Multi-Party Litigation outlines the historical development, political design, and regulatory desirability of multi-party litigation strategies in cross-national perspective and describes a battle being fought on multiple fronts by competing interests. By addressing the potential and constraints of litigation, this book offers a comprehensive account of an international issue that will interest students and practitioners of law, politics, and public policy.
A Comparative Study Of Funding Shareholder Litigation
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Author : Wenjing Chen
language : en
Publisher: Springer
Release Date : 2017-04-25
A Comparative Study Of Funding Shareholder Litigation written by Wenjing Chen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-25 with Law categories.
This book studies the funding problems with shareholder litigation through a functionally comparative way. In fact, funding problems with shareholder lawsuits may largely discourage potential shareholder litigants who bear high financial risk in pursuing such a claim, but on the other hand they may not have much to gain. Considering the lack of incentives for potential shareholder claimants, effective funding techniques should be in place to make shareholder actions function as a corporate governance tool and discipline corporate management. The book analyzes, among others, the practice of funding shareholder litigation in the Australia, Canada, the UK, the US and Israel, and covers all of the typical approaches being used in financing shareholder litigation in the current world. For instance, Israel and Canada (Quebec and Ontario) are probably unique in having a public funding mechanism for derivative actions and class actions, while Australia is the country where third party litigation funding is originated and is growing rapidly. Based on this comparative research, the last part of this book discusses how to fund shareholder litigation in China in context of its social and legal background and what kind of problems need to be solved if certain funding techniques are used.
Resolving Mass Disputes
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Author : Christopher Hodges
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-10-31
Resolving Mass Disputes written by Christopher Hodges and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-31 with Law categories.
Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.
The Class Action In Common Law Legal Systems
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Author : Rachael Mulheron
language : en
Publisher: Bloomsbury Publishing
Release Date : 2004-11-15
The Class Action In Common Law Legal Systems written by Rachael Mulheron and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-11-15 with Law categories.
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.