Civil Procedure

“Civil procedure” means the rules, principles, and practices by which civil (non-criminal) disputes are resolved according to the law. These readings, and the accompanying videos, introduce civil procedure using cases from a wide variety of legal contexts, including human rights, commercial litigation, and constitutional law. Part I of the course follows a conventional civil action conducted under Ontario’s Rules of Civil Procedure. Part II explores alternative routes to justice within and outside the courts, in light of the limitations of the conventional civil action. Civil procedure should create access to justice. Throughout the course we will think critically about whether it is doing so, and about how it might better do so.

The source analyzes the Ontario Rules of Civil Procedure and offers a full treatment of the rules, including dispositions before trial, summary judgments, determination of issues before trial, scope and procedure governing discoveries, expert evidence, proportionality, trials, appeals and the costs of litigation. It also explains application issues in other Canadian jurisdictions that base their rules on the Ontario rules.

The source provides a step-by-step reference on conducting civil, criminal and family trials in both the Ontario and Superior Courts of Justice. Each chapter focuses on a chronological stage in the trial process, from preparing for different kinds of trials to rendering a judgment.
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The source looks at the tricks, traps and tactics lawyers use to advance or delay their clients' positions. The discussion includes strategies used in specialized areas of the law and provides insight into procedural tips under the Simplified Rules, in Case Management and in estates, banking and bankruptcy litigation.