Litigation Doctrines
Most mature systems of law in the world have found it necessary to establish a way to compensate those who provide benefits to a person when there is no contract between them or no other legal relationship between them. In today’s world, it is called the doctrine of...
Litigation Doctrines
There is a litigation doctrine in the court system called the doctrine of collateral attack. While the doctrine may sound a little esoteric, it is often used by advocates and judges when a second lawsuit challenges a court order made in the first lawsuit. The doctrine...
Litigation Doctrines
In Canada and in the United States, there is a growing phenomenon of abusive litigation called SLAPPs. A SLAPP is an acronym, or an abbreviation, for a strategic lawsuit against public participation. These lawsuits are usually libel and slander actions brought against...
Litigation Doctrines
The word “estoppel” is derived from Old French, literally meaning “stoppage.” The law of equity, or fairness, has developed several estoppel doctrines to deal with situations people find themselves in when one person relies upon another person’s conduct or words. The...
Litigation Doctrines
Judges have an inherent discretion to control the process of the courts to prevent an abuse of process. There are many forms of abuse of the court’s process. Some examples are: inappropriate behaviour in court by one of the parties, no legal status to sue, a frivolous...
