CANADIAN CIVIL PROCEDURE Flashcards
(1 cards)
List the key “Civil Litigation Procedures” in order of their chronological occurrence.
- Opinion: Assessing if you have options to sue, do you have standing? Should be asking yourself, “what is my cause of action?” and “Have I been wronged in any way in the eyes of the law?”, should find out whether or not you have standing, have you been directly impacted by this issue? Do you have time to sue (2 year period) ? And whether you would like to take this to a small claims court ($0- $35,000) or the Ontario Superior Court of Justice ($35,000+)
Statement of Claim: This is the plaintiff’s formal document outlining the facts and legal reasons for the case and their claim. This aims to answer who, what, when, where, and why
Statement of Defense: This is the defendant’s response to the plaintiff’s claim. They not only acknowledge it, but also state their own argument for the case
Affidavits of Documents: where both parties exchange all relevant documents with each other regarding the case.
Examination for Discovery: which is an interview style process between both parties with their lawyers present. This process is documented via a transcript to capture all answers, questions, and comments made during this time.
Pre-Trial Conference: At this stage, both parties will converse in the judge’s chambers where they will address any unresolved disputes at the time. Moreover, both parties will be asked to submit a “Pre-Trial Memorandum”, which summarizes the case as well as any additional unresolved disputes. If a party makes a reasonable settlement offer at this time, and the other party declines, the other party will face the financial consequences of legal costs later on. This aims to discourage people from going to court if not needed.
Trial: This is where the plaintiff must prove his/her claim
- Court Decision: Typically in most civil cases in Ontario, a judge alone decides the outcome of the case. However, in a civil trial jury case, a group of randomly selected citizens will come to a conclusion together.
Appeal: If either party is unsatisfied with the outcome of the case, they can file for an appeal. There is a 30-day period to file from the day of decision of court.
