Lecture 5

Question 1

Who is allowed to sue?

Answer 1

1. an adult or corporation
2. a corporation is considered to be a person by law
3. under the age of majority with a litigation guardian
4. mentally incompetent individual with a litigation guardian
5. unincorporated collectivity (people in a group like a club or something)

Question 2

What is a litigation guardian?

Answer 2

an adult party appointed by the court for cases with people under the age of majority or mentally incompetent individuals.

Question 3

What are the requirements to be allowed to sue?

Answer 3

1. must have an impact of effect on the person taking it to court
2. must have involvement

Question 4

What is a class action?

Answer 4

a single individual or a small group of people that commence a lawsuit on behalf of as yet unidentified group or class group of people

Question 5

When can a settlement occur?

Answer 5

1. before a lawsuit is commenced
2. after a lawsuit has commenced but there has not yet been a trial
3. once a trial has started but no decision has yet been reached

Question 6

What are party and party costs?

Answer 6

court order that shifts some of the winning party costs to the losing side according to a published scale of fees. includes contribution towards disbursements (out of pocket expenses)

Question 7

What are solicitor-client costs?

Answer 7

usually a result of fraud. When a court awards solicitor-client costs the losing party must pay ALL disbursements and party and party costs and ALL lawyer fees

Question 8

What costs are involved in a trial?

Answer 8

1. party and party costs
2. solicitor-client costs
3. legal fees to lawyer
4. disbursements
5. having and maintaining a courthouse
6. staff and judges in a courthouse

Question 9

What are disbursements?

Answer 9

out of pocket costs that include…
- fees to register documents in court
- payment for expert witnesses
- photocopying
- paying for expert witnesses in trial
- etc.

Question 10

What are contingent fee agreements?

Answer 10

only if money is successfully collected by the lawyer, will they be paid in a percentage of the collection.

Question 11

What is the most common matter for contingent fee agreements?

Answer 11

personal injury lawsuits

Question 12

What are the two legal aid systems in Manitoba?

Answer 12

1. legal aid clinic
2. judicare

Question 13

Explain legal aid clinic.

Answer 13

• Legal aid manitoba is an entity with lawyers who work for them.
• you have no choice in who your lawyer is (one is just assigned to you)

Question 14

Explain Judicare

Answer 14

• if you are qualified, you are able to reach out to private practices and find a lawyer who will agree to your case
• must bill to legal aid

Question 15

When would someone qualify for legal aid?

Answer 15

1. charged with a criminal offence that could result in jail time
2. involved in a family matter (i.e., child custody)

the individual must also fall within a certain income bracket