Civil Case Management was introduced in 1997 through a new rule (rule 77.01). In Toronto presently, it is applicable in limited circumstances only, but not so in Ottawa and Windsor. The types of cases not coming under case management, among others, are construction liens, bankruptcy and insolvency, actions or applications certified as class proceedings, and Commercial List proceedings.

A judgment is considered as a kind of order that a court issues.At the end of a proceeding, a judgment is pronounced. It is a decision that finally disposes of an application or action on its merits, but does not include an adjudication on an interlocutory motion that arises during the course of a proceeding. Generally, there is only one judgment in

Once all the evidence needed for the trial is ready, there remains a number of preliminary matters for consideration immediately before (or at the start of) trial. Generally, these can be listed as:the consequences of a failure to attend at trial;a request for an adjournment;

Collecting evidence is the first step in preparing for the trial of an action. Testimony of witnesses, admissions, and documents are the components of evidence.  A trial brief of all necessary material for use during the trial should also be there along with (preferably) a law brief for the judge’s reference.

When a vendor or purchaser breach an agreement of purchase and sale by not completing the sale transaction, the innocent party may suffer damages and should consider recovering their losses from the defaulting party.  This article will discuss both the vendor and the purchaser’s damages relating to the breach of contract in a real estate transaction.

Pre-trial procedures and offers to settle are considered a process in-themselves.  People are gently nudged to see the cost consequences for failure to accept a realistic offer, thereby encouraging and facilitating settlement.  It is also in Rule 49 of the Rules of Civil Procedure (Rules) stating that they are “liberally construed to secure the just, most expeditious and least expensive determination of every civil proceeding on its merits.”

At the outset, it is necessary to note that in Ontario there is no discovery in applications. In Ontario discoveries occur in actions; a two-part process, beginning with documentary discovery under the Rules of Civil Procedure (Rules) and then oral discovery (examinations). The purpose of discovery is sixfold, enabling the party to:

A proceeding within a proceeding, that is how a motion is defined. With a view to decide issues arising between parties, this subsidiary step is taken within an action or an application.  An Interlocutory Injunction and a Certificate of Pending Litigation are common examples of what is sought by way of a motion.  “Moving party” is the person who makes a motion while “responding party” is the one against whom it is

If a litigant decides to proceed by way of an action, rather than by an application, it is necessary to serve either a Notice of Action (followed by a Statement of Claim), or simply a Statement of Claim.  Countermeasures can be taken by the defendant consisting of  a counterclaim against the plaintiff; a crossclaim against any co-defendant; or a third party claim against a person not yet a party to the litigation (the main action).

After starting an action or application by issuing and serving a Notice of Action followed by a Statement of Claim or just by issuing a Statement of Claim, there is a possibility of dealing with certain matters that will end the dispute completely before a trial, or  the hearing itself will be considerably shorter and/or much less costly.