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
A plaintiff may only sue once in the court system for each case. He or she must bring forward the entire subject matter of the case at one time and claim every court remedy which flows out of the subject matter of the case. There is no opportunity to sue in a second...
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...
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
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
Some people like to sue other people again and again. Repetitive litigation is a frequent occurrence in family law where the litigants’ emotions often run high. But you will also see it in civil law where a person may, for example, sue a bank again and again after the...
