Civil Litigation

Course Notes

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.

Course Breakdown

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