Class 4 Flashcards
What considerations are there when drafting a claim of action?
Is the claim good/actionable?
What are the 3 levels of damages and what courts do they relate to?
$0-$35,000 Small Claims, $35,001-$200,000 Simplified Procedure, $200,001 and up Standard Track
What is the level of jurisdiction that designates where a trial should be held?
The County level
What dictates where a trial should be, and what shall be done if this authrity is silent on the matter?
Statutes and Proceadural rules can dictate the jurisdiction. in abcense of this, the judge can transfer the case to a different county in the interest of justice
If a rule refers to a Court, who exactly is being referred to?
Any judge, registrar or clerk operating in that courthouse. if a rule says “judge” then the rule applies to judges alone
According to rule 15, who must be represented by a lawyer?
Corporations and disabled people
If a lawyer is unhappy with their client and is the lawyer on the record, can they unilaterally withdraw?
No. They must seek leave from the court
Under what conditions can people outside of Ontario be served without seeking special leave from the Court?
o There is property in Ontario
o Its about the administration of an estate with real rproperty in Ontario
o Involves an interpretation of a legal instrument involving real property in Ontario
o Same for trustees, contracts made in Ontario/governed by Ontarian law/parties agreed on Ontarian juristidionc/breach occurred in Ontario
o If a tort was committed in Ontario
o If authorized by statute
o Of party has a bissnes baased in Ontario
If a potential defendant is unhappy with their service, can they file their statement/intent to defend before contesting the service?
No. That would waive their right. They must make a motion contesting service before filing any semblance of a defence
What is contained ihtin a pleading?
Statement of claim, statement of defence, and a reply if any
What are the timelines around Staten of defences?
20 days after receiving service. if one files an intent to defend, they are granted an additional 10 days. if the service is happening in the US, 40 days. If service is outside of the US and Canada, 60 days
In a statement of claim is it required for the claim to illustrate form where the factual sources are coming from?
No, that is prohibited as sources will be confined in discovery. State the claim simply unless absolutely necessary to communicate the nature of the damages sought. Ex. a defamation case would propobobly quire the alleged defaming comments
