Chapter 4: Intro to the Rules of Civil Procedure and the Courts of Justice Act Flashcards
Explain the three- step process for finding a Rule.
- Look at summary of contents (pg. 745) & find general area of rule
- Turn to table of contents (pg. 749)
- Go to that rule!
If you wanted to know what the term “holiday” meant what Rule would you look at?
Rule 1.03 (definitions)
Do the Rules, for the most part, follow the same chronological order as the court case?
YES!
What is the difference between “shall” and “may” when referring to the Rules?
Shall:
(imperative) the procedure must be followed
May:
(permissive) the procedure can be used or not- it is discretionary.
What Rule do you use when computing time?
RULE 3
If you wanted to know the format of a court document, what Rule would you look at?
RULE 4.01
Do all court documents require a backsheet?
Indicate the appropriate Rule.
4.07
Do all documents require a general heading?
Indicate the appropriate Rule.
YES.
Rule 4.02(1)
Can a civil proceeding for matters over $25,000 be commenced in the Superior Court of Justice?
NO.
What is the highest appeal court in Ontario?
Supreme Court of Canada
What are the duties of the court Registrar?
What are the duties of the Official Examiner?
Will a Sheriff serve documents related to enforcement of judgment debts?
????I don’t think so. I believe it is sent in the mail
When trying to locate a Rule, you should start by looking in the index located at the back of the Rule book.
TRUE OR FALSE?
FALSE
If you were working on a client matter that was in the Small Claims Court, you would use the Rules of Civil Procedure.
TRUE OR FALSE?
FALSE
When computing time under the Rules, you count the day of the first event and count the last day as well.
TRUE OR FALSE?
FALSE
Court documents do not require a backsheet.
TRUE OR FALSE?
FALSE
All court documents must have a general heading
TRUE OR FALSE?
TRUE
A motion record would have a red backsheet
TRUE OR FALSE?
FALSE.
A motion record would have a light blue backsheet
Which form would you use for a backsheet?
- 14A
- 4A
- 4C
- 14B
4C
What is contained within the title of proceedings?
- the names of the parties and their status in a lawsuit
- the court file number
- the name of the court
- the title of the court document
the names of the parties and their status in a lawsuit
Think TITLE
You could issue and file a court document..
- In person with the Registrar at the courthouse
- use the Civil Claims Online Portal (if the document is listed in Rule 4.05.1(2)
- In person at the office of the Official Examiner
- In person at a judge’s office at the courthouse
✅ In person with the Registrar at the courthouse
✅use the Civil Claims Online Portal (if the document is listed in Rule 4.05.1(2)
Under the Rules, Saturday and Sunday are considered “holidays”
TRUE OR FALSE?
TRUE
If you wanted to know a quick summary of a Rule you could read the synopsis
TRUE OR FALSE?
TRUE
