Trial procedure

Question 1

Section 136 of the Courts of Justice Act prohibits

Answer 1

taking any photograph or making any recording of in person or remote proceedings

Question 2

If all parties fail to attend an action called for trial,

Answer 2

the judge may strike the action from the trial list per Rule 17.01(1) of the Small Claims Court

Question 3

If the defendant fails to attend trial, the judge may

Answer 3

strike out the defence and allow the plaintiff to prove the claim and dismiss any defendant’s claim. Plaintiff must merely prove damages, not liability of defendant in failing to attend

Question 4

If the plaintiff fails to attend trial, the judge may

Answer 4

dismiss the plaintiff’s claim and allow the defendant to prove the defendant’s claim

Question 5

An adjournment will not necessarily be granted, even if both parties consent, unless there is

Answer 5

a compelling reason for it

Question 6

Where a paralegal wishes to make an ammendment after the 30-day before trial deadline, they must

Answer 6

seek leave of the court to make the ammendment, by making a motion on notice (Rule 12.01(3)(a))

Question 7

The onus is generally

Answer 7

on the plaintiff to prove their case on a balance of probabilities

Question 8

A paralegal may call into question the credibility of their witness by

Answer 8

proving prior inconsistent statements, per section 23 of the Evidence Act

Question 9

Per the SCC in Coffin, proof of a prior inconsistent statement is

Answer 9

evidence itself of adversity, and the trial judge may, on that basis alone, allow the witness to be cross-examined on the prior statement

Question 10

What are some common objections?

Answer 10

• calls for an irrelevant answer
• calls for a communication subject to lawyer/client privilege, litigation privilege, or settlement communication privilege
• calls for a hearsay answer that does not fall within a hearsay exception
• calls for an opinion from an unqualified witness
• calls for evidence that is inadmissable by reason of statute
• is a repetitive question
• is a speculative question
• is a vexatious question
• misquote the witness or misstates the evidence
• demeans or harasses the witness
• related to improperly obtained evidence that is being sought to be admitted

Question 11

At the conclusion of a plaintiff’s case, the defendant may make a motion for nonsuit where

Answer 11

the defendant believes that the plaintiff has failed to establish a prima facie case. The onus is on the defendant to establish the motion

Question 12

What is reply evidence?

Answer 12

evidence to refute a new matter raised by the defence that the plaintiff had no opportunity to address and could not have reasonably anticipated. Reply evidence must be relevant to an issue to be determined and must critique, rebut, challenge, refute or otherwise disprove the defence’s evidence