This course introduces the student to the steps in the process of civil litigation in the Province of Ontario, with an examination of the entire process of a civil law suit from the commencement of proceedings to the end of the trial. The first stage of the detailed examination covers the commencement of proceedings to the close of pleadings, where the student focuses on the rules of procedure and on practical law clerk tasks such as opening files and drafting pleadings, motions and affidavits of service. In the next stage, the student examines procedural rules, proceedings, processes and documents from discovery through to trial in the Superior Court. The course also covers special procedures, including appeals, mandatory mediation, simplified procedures, the commercial list, and motor vehicle insurance claims.
Introduction to the Legal System or equivalent knowledge and experience.
Students enrolled in this course receive text and/or other related resource materials. There are two assignments and three tests to evaluate student progress for this course. Participants who receive 70% or higher overall will receive a certificate.
Module 1: Overview of the Civil Litigation Process; Preliminary Investigations and Research; Commencement of Proceedings; Exchange of Pleadings; Discoveries; Motions and Pre-Trial Process
Module 2: Preliminary Matters Prior to the Commencement of Proceedings; Cause of Action and Verifying Information; Viability of the Claim; Limitation Periods; Retainers, Client Files and File Organization; Introduction to the Rules of Civil Procedure and the Courts of Justice Act
Module 3: Working With and Finding the Rules of Civil Procedure; Identification of Parties and Joinder of Claims; Parties Under Disability; Partnerships and Sole Proprietorships; Estates and Trusts as Parties; Class Proceedings; Representation by a Lawyer
Module 4: Pleadings; Proceeding by Way of Action and Application; General Drafting Considerations; Drafting Statements of Claim/Defence; Drafting Replies; Demand for Particulars; Striking Out Pleadings
Module 5: Service of an Originating Process; Service on a Party’s Lawyer; Substituted Service and Dispensing with Service; Proof of Service; Amending Pleadings
Module 6: Motions and Multiple Claims; Jurisdiction and Hearing Dates; Notices of Motion and Affidavits; Motion Records; Service of Documents; Motion without Oral Argument; Counterclaims; Crossclaims; Third Party Claims
Module 7: Discovery and Pre-Trial; Preparing Affidavits of Documents; Oral Examination for Discovery; Place of Trial and Jury Notice; Listing the Case for Trial
Module 8: Default and Summary Judgments; Setting Aside Default Judgment and Orders on Motion; Summary Judgement
Module 9: Trial Preparation; Basic Principles of Evidence; Documentary Evidence; Physical Evidence and Witnesses; Trail Brief and Book of Authorities; Trial Procedure; Drafting Orders and Judgments; Pre and Post Judgment Interest
Module 10: Costs and Appeals; How Costs are Determined; Preparation of a Bill of Costs; Assessment of Costs; Costs for Settlement and Abandoned Cases; Security for Costs; Introduction to Appeals; Stays Pending Appeals
Module 11: Case Management and Mediation; Assigning a Case; Case Management Powers; Case Conference; Mandatory Mediation; Choosing a Mediator and When Mediation Occurs; Mediation Procedure and Attendance; Preparation and Payment; Mediation in Estates Litigation
Module 12: The Simplified Procedure; Simplified Procedure Application; Differences between Simplified and Ordinary Procedure; Dismissal by the Registrar; Summary Judgment; Settlement Discussions, Setting the Matter Down for Trial and the Pre-Trial Conference; Summary Trial and Cost Consequences; The Commercial List
Program: Legal Programs
Of interest to: Individuals interested in pursuing a career in a law firm, or legal office, and who wish to broaden their knowledge of Civil Litigation in the Province of Ontario.
Course aim: To familiarize the student with the process of Civil Litigation in the Province of Ontario.
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