Chapter 4: Intro to the Rules of Civil Procedure and the Courts of Justice Act Flashcards

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1
Q

Explain the three- step process for finding a Rule.

A
  1. Look at summary of contents (pg. 745) & find general area of rule
  2. Turn to table of contents (pg. 749)
  3. Go to that rule!
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2
Q

If you wanted to know what the term “holiday” meant what Rule would you look at?

A

Rule 1.03 (definitions)

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3
Q

Do the Rules, for the most part, follow the same chronological order as the court case?

A

YES!

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4
Q

What is the difference between “shall” and “may” when referring to the Rules?

A

Shall:
(imperative) the procedure must be followed

May:
(permissive) the procedure can be used or not- it is discretionary.

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5
Q

What Rule do you use when computing time?

A

RULE 3

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6
Q

If you wanted to know the format of a court document, what Rule would you look at?

A

RULE 4.01

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7
Q

Do all court documents require a backsheet?
Indicate the appropriate Rule.

A

4.07

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8
Q

Do all documents require a general heading?
Indicate the appropriate Rule.

A

YES.
Rule 4.02(1)

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9
Q

Can a civil proceeding for matters over $25,000 be commenced in the Superior Court of Justice?

A

NO.

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10
Q

What is the highest appeal court in Ontario?

A

Supreme Court of Canada

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11
Q

What are the duties of the court Registrar?

A
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12
Q

What are the duties of the Official Examiner?

A
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13
Q

Will a Sheriff serve documents related to enforcement of judgment debts?

A

????I don’t think so. I believe it is sent in the mail

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14
Q

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?

A

FALSE

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15
Q

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?

A

FALSE

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16
Q

When computing time under the Rules, you count the day of the first event and count the last day as well.
TRUE OR FALSE?

A

FALSE

17
Q

Court documents do not require a backsheet.
TRUE OR FALSE?

A

FALSE

18
Q

All court documents must have a general heading
TRUE OR FALSE?

A

TRUE

19
Q

A motion record would have a red backsheet
TRUE OR FALSE?

A

FALSE.
A motion record would have a light blue backsheet

20
Q

Which form would you use for a backsheet?
- 14A
- 4A
- 4C
- 14B

A

4C

21
Q

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

A

the names of the parties and their status in a lawsuit

Think TITLE

22
Q

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

A

✅ 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)

23
Q

Under the Rules, Saturday and Sunday are considered “holidays”
TRUE OR FALSE?

A

TRUE

24
Q

If you wanted to know a quick summary of a Rule you could read the synopsis
TRUE OR FALSE?

A

TRUE