Test 1 Flashcards
Is Civil Litigation a private or public law?
Private, the State is NOT involved.
What is Civil Litigation?
It is the act of:
A) Preparing and bringing a legal action;
B) Securing judgment; and
C) Realizing upon a judgment
Who can sue and be sued?
Individual or Corporation v. Individual or Corporation
Plaintiff - party who starts the action
Defendant - party being “sued” and will defend the action
*There may be many more other parties to an action
Name the Courts in Ontario?
Court of Appeal for Ontario
Court of Ontario - two divisions
Superior Court of Justice - Divisional Court
- Family Court
- Small Claims
Ontario Court of Justice
What are the limitations?
Statement of Claim - 6 months of issuance
Notice of Action -file a full statement within 30 days
Defence - must be served and filed within 20 days of the date of service - within 10 days of receipt plaintiff’s solicitor may deliver a Reply
Intent to Defend-extra 10 days to file defence
Close Pleadings - deemed closed when delivery of Reply expired
Jury Notice - prior to closing
If limitation is missed Plaintiff will lose right to bring an action
What are the five major steps to trial?
Commencement - Statement of Claim
Pleadings - Statement of Defence and Reply
Discoveries - Discovery of Documents and Examinations for disc.
Pre-Trial - Setting Down for Trial and Pre-Trial Conference
Trial - Trial, Judgment and Assessment of Costs
How are Civil Litigation documents in the Ontario Superior Court of Justice setup?
General Heading - Court file no., Court name
Title of proceeding - in heading-parties and their capacities
Body - title of document, double spaced, numbered (generally)
Boilerplate - text prescribed by the rules and must not be changed
Ending - May vary, generally includes name of firm that prepared the doc. on the right, who the doc is going to on left, and all details of firms, etc. in both areas
Back sheet - Rule 4 requires a backsheet
How do we start an action?
All proceedings are commenced by originating process and must be issued by the court
Actions are started by Statement of Claim or Notice of Action
What is issuing?
Official commencement of court proceedings whereby documents that are originating processes are signed by the registrar, dated, sealed with a court seal, and given a file number
What are required of a Statement of Claim/Notice of Action?
Statement of Claim - prepared in accordance with Rule 14 - must be issued by a registrar and served within 6 months
Notice of Action - prepared on accordance with Rule 14 - used when there is little time to prepare a Statement of Claim - it contains a short statement of the facts and is issued by the courts - must file a full statement of claim within 30 days
What is true copy?
Copy of an original document that is like the original in every particular, including copies of alterations, signatures, and court file numbers
What is service?
Giving a copy of the court documents to all parties in the proceeding
What are the methods of service?
Methods of service will vary depending on the document Personal service Acceptance of Service by Lawyer Service by mail to last known address Service a place of residence Service on Corporation Service of Solicitor of Record Mail/courier/email Leaving a copy at law firm Facsimile Substituted Service
What is Proving Service?
Most common method is by
Affidavit of Service - Sworn under oath by the person who effected the service
- indicates the circumstances surrounding service
What are the rules in regards to time?
When you count days, DO NOT count the first day but DO count the last day - holiday includes Saturday and Sunday - if the time limit required is 7 days or less you do not count the holidays - if the time limit required is more than 7 days you do count the holidays - service other than originating process after 4:00pm or on a holiday is deemed next day service
