Civil Procedure

Question 1

What is Course of action

Answer 1

the events that caused loss or damage to the plaintiff for which there is a remedy of law (2 years form discoverability)

Question 2

What is the statement of claim

Answer 2

it is the legal document used to start a civil lawsuit in the court of Kings Bench. It outlines the plaintiffs claims against the defendant.

Question 3

What are the rules around serving someone a statement of claim

Answer 3

must be served within 6 months of having been issued, must be served in the following ways
-personal service
-registered mail
-fax/email if other party has counsel
-acknowledgement of service
-substitutional service per court order

Question 4

What are the three ways to defend yourself once served (statement of defense)

Answer 4

1. statement of defense within 20 days if in SK
2. Extend time for defense through notice of intent to defend (extra 10 days) or demands for particulars
3. do nothing, may get noted for default of defense, default judgement against defendant

Question 5

What are some other options when it comes to additions to the statement of defense

Answer 5

-reply with new facts adding necessary details to cop with the defense
-counter claim
-cross claim (claim against other defendants already on the case)
-third party claim (if another party was the one to cause the damages, not already in the case)

Question 6

What is mediation

Answer 6

mandatory meeting between parties/lawyers for a confidential and privileged discussion. No rulings its only to facilitate settlement discussions

Question 7

What is Affidavit of documents

Answer 7

-Disclosure, sworn statement of litigant attaching documents relevant to the action in the control of the litigant
-Production, each party has opportunity to examine the other party’s documents that are not subject to privilege

Question 8

What is questioning

Answer 8

done after document disclosure, party’s orally examine the other party under oath. Records proceeding and copies of transcripts are provided to both parties

Question 9

What is a Pre-trial conference

Answer 9

a conference held in a court in order to settle the dispute narrow the issues under dispute, get the judges opinion

if no settlement the turn to management portion where parties discuss number of witnesses and availability of parties and court time

Question 10

What are the first three steps of a trail

Answer 10

-Opening statements
-plaintiffs case (see witnesses)
-defendants case (see witnesses)

Question 11

What are the three steps per witness

Answer 11

-plaintiff/defendants examination in chief
-cross examination
-re-examination by first party

Question 12

What are the last two steps of a trial

Answer 12

-closing statements
- either verdict by judge or jury
-judge can reserve the judgement though

Question 13

What are some alternative to kings bench trial

Answer 13

-expedited procedure
-summary judgement application
-settlement offers
-small claims in provincial
-arbitration

Question 14

What is expedited procedure

Answer 14

streamlined process designed to resolved more quickly and cost-effectively but caps at 100k

Question 15

What is summary judgement

Answer 15

parties submit all relative info including affidavits, briefs of law and oral argument to a judge. Quick and cheaper

Question 16

What is Arbitration

Answer 16

where you refer the dispute to an arbitrator who will hear the parties privately in less formal environment and more promptly than the court system