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Mar 16, 2023 · I. Starting a Class Action: Initiating a class action lawsuit in Canada follows the same process as any other legal action. For instance, in Ontario, one would file a statement of claim or notice of application, while in British Columbia, a notice of civil claim, petition, or requisition is required.
- A Survey of Relevant Biblical Resources
- An Overview of Legal Arguments
- Broyde’S 7 Arguments Against Faith-Based Arbitration
- Broyde’S 5 Arguments in Favor of Religious Arbitration
- Practical Steps and Conclusion
As biblical Christians, we consider the Bible to be the word of God and thus “profitable for teaching, for reproof, for correction, and for training in righteousness” (2 Timothy 3:16). As a result, we look first to God’s word for guiding principles with regard to the issue in question.
Michael J. Broyde is professor of law at Emory University School of Law and a core faculty member at the Tam Institute for Jewish Studies at Emory. I found his article “Faith-Based Arbitration Evaluated: The Policy Arguments For and Against Religious Arbitration in America” to be authoritative and expansive. As a result, I have provided a synopsis ...
One: One law for one people.
This argument against “legal pluralism” claims that society is weakened when various communities can adopt and enact legal processes unique to themselves. However, there has never truly been only one law of the land in the US. Each of the fifty states has its own laws, as do cities and municipalities. There are even different official legal regimes within communities, such as Louisiana’s marriage law by which couples can choose between “covenant marriage” (which is more traditional) and “cont...
Two: Religious arbitration produces substantive injustice.
Here critics claim that religious arbitration can clash with contemporary notions of gender equality, religious liberty, freedom of choice, personal privacy, and distributive justice. A 2005 ban on religious arbitration enacted in Ontario, for instance, was promoted by a broad coalition of different interest groups making this argument. For example, in Jewish or Islamic legal systems, divorces can generally be granted only by a husband to a wife. Islamic norms can require a wife to pay her un...
Three: Religious arbitration produces procedural injustice.
Critics also claim that religious arbitration typically precludes procedural rules that provide protections for vulnerable parties. For example, under traditional Jewish law, women cannot serve as rabbinic court judges and are formally ineligible from offering witness testimony in rabbinic courts. Broyde responds with the observation that those who choose religious arbitration do so precisely becausethey wish to be judged by religious standards.
One: Religious arbitration is a religious freedom imperative.
Broyde notes that “the doctrine of government neutrality between religion and irreligion is firmly established in American law and policy.” He adds, “Consistently, the American attitude toward religion has been to allow individuals to carve out areas within society to practice as they see fit and only step in when the practice would violate a core societal tenet.”
Two: Religious arbitration can resolve some commercial disputes more accurately than secular courts can.
Broyde observes, “Many of the conflicts that arise between religiously observant individuals, institutions, and organizations are situated in particular religious and communal contexts that are best—and perhaps really only—understood by those who are themselves situated within those same contexts.” People often turn to religious arbitration because they feel that religious arbitrators will understand their problems and disputes better than secular judges.
Three: Religious arbitration is the only way to resolve certain religious problems.
Many Jews, Muslims, and Christians hold religious beliefs that create problems for which religious arbitration is more suitable than secular legal responses. For example, both the Bible and the Qur’an contain explicit teachings that require believers to arbitrate their disputes with other believers in the context of the faith community. Refusing such arbitration requires these believers to violate their faith principles.
The article “Christian mediation and arbitration: How to keep your church or non-profit out of court” offers a further overview of case law regarding “Christian conciliation” and outlines “tips for applying Christian Conciliation”: 1. Christian Conciliation clauses may be used to settle disputes over church leadership, building contracts, employmen...
A legal person or representative body who is not a member of the class may also commence a class proceeding on behalf of a class, provided it designates one of its directors, partners or members who is a member of the class, and the designee’s interest is related to the purposes for which the legal person or representative body was constituted (QC CCP, art. 571).
Mar 24, 2022 · Class counsel will then file certification documents, which include their argument on why the class claim meets the five-part certification test: The pleadings must disclose a cause of action. The class must be clearly defined. The class members’ claims must raise common issues. Class proceedings must be the preferable procedure.
- Aidan Macnab
- There’s strength in numbers. Consumer class-action lawsuits allow a person or a small group of people to sue a company on behalf of a larger group with similar claims.
- But don’t expect a windfall. Settlements in recent years have averaged $56.5 million, according to NERA Economic Consulting. But individual class members rarely see a fat payday.
- Get in on the action. Potential class members may be notified directly or by way of an ad or in-store posting after the court approves the case as a class-action lawsuit or after a preliminary settlement is reached.
- Know your options. In most cases, you will be included automatically in a class unless you opt out. Joining the class means you’re eligible for compensation, but you waive the right to file a separate lawsuit.
Mar 12, 2021 · The class action was settled for $17,000,000. Eligibility: A consumer (not business) who purchased or received a Vanilla VISA or MasterCard or a Titanium+ Prepaid Cards between November 29, 2011 to April 30, 2014 and resided in Ontario at the time. No proof of purchase is required. Deadline: June 4, 2021; Payout: $100+ Make a claim: Prepaid ...
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Mar 18, 2024 · Jeff Orenstein, an attorney with the class-action law firm Consumer Law Group, which has offices in Montreal and Ottawa, says he would be wary of some items, such as those that claim to be "all ...
