Civil Procedure

The rules of civil procedure govern every stage of the litigation process, so judges, lawyers and law students often need a quick and convenient means of researching them. Canadian Civil Procedure Law is precisely that sort of research tool.

Also in print: KE8349 .W34 2010 LAW (Reserve)
This text is a concise narrative of the key elements of the resolution of civil disputes in Canada. It covers all aspects of civil procedure and provides a useful pan-Canadian comparison of legislation and court rules from various jurisdictions.

This text addresses key topics, including the procedure before commencement of proceedings, client management, motions, Documentary Discovery and e-Discovery, trial preparation, statement of account, simplified procedure under Rule 76, and the Commercial List. All content is contextualized with detailed explanations and up-to-date samples of litigation forms.

This is a free, comprehensive guide to Ontario Civil Procedure. It is written by leading Ontario specialists, edited by Prof. Noel Semple, and now available on CanLII. It is the first and only guide to Ontario’s Rules of Civil Procedure, Courts of Justice Act, and Limitations Act which is designed to be not only thorough and detailed enough for specialist litigators, but also accessible to law office staff, self-represented litigants, and the general public. It will always be a work in progress, as they undertake to keep it up-to-date with new case law and legal developments.

“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.

Affidavits are the most common form of evidence in Canadian courts, but the applicable law is often not understood or ignored. There are countless cases in which Judges or Masters decry poorly drafted or incomplete affidavits. Drafting affidavits is an art, as is making objections to inadmissible affidavits. As Canada's first text exclusively about affidavits, this detailed reference book sets out the applicable case law and provides extensive technical guidance and best practices. Relying on the British Columbia Rules, which are similar to Rules across Canada in respect of affidavits, lawyers, Masters and Judges now have ready access to the law and jurisprudence on these important documents, with authorities cited from across Canada.

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.

This user-friendly annual handbook has proven to be one of the most-often resorted to resources for Ontario civil litigators. It serves as a "one-stop" source, taking the reader sequentially through a civil proceeding – from the initial retainer, to the pleadings and discovery, to trial and appeals.

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.