It is an action or application  that illustrates the position and/or intention of a party to the proceeding, along with its status. It is a document to start  a proceeding; or to support a step being taken by a party after the proceeding has been started; or to end a proceeding;  or to  follow the final determination of a matter.

I recently got a phone call from a client after he had been served with a law suit. He had entered into an agreement of purchase and sale for a home, only to breach it by repudiating the contract before even providing the deposit.  He was positive that he was “bullet proof” from such actions, because he had entered into the agreement under his corporate name.  In a past article I espoused the prudence of incorporating a

An originating process (i.e., a statement of claim, notice of action, notice of application or application) is to be served personally in accordance with the Rules of Civil Procedure (Rules).  Their are alternatives to this in specific situations. Unless a specific rule or order requires it, no other document has to be served personally or by an alternative to personal service. Such documents (not required to be

“Applicant” is the individual submitting an application, and “respondent”is the person  against whom an application is made.  The respondent who has been served with a Notice of Application need not file a “defending” document because,  there is no statement of defence in an application. The respondent has to  serve and file a Notice of Appearance and a factum.  Besides, if according to him or her the

For a rule or statute, requiring a proceeding to be commenced, brought, tried, or heard in a particular county, the proceeding must be commenced in that county and the county must be named in the originating process, the statement of claim or application.  Failing this, the proceeding may be commenced at or transferred to any court office in any county named in the originating process.

Litigation may be defined as the conduct of a lawsuit in a court of law; and to do that it is necessary to be aware of the jurisdiction, organization and a host of other things relating to the courts in the area or the province.Litigating in OntarioIn Ontario, the organization of the court system is outlined through the Courts of Justice Act, a statute of eight parts (Part III of which was

When multiple parties come together to raise a plethora of claims in one legal proceeding, the matter comes within the purview of rules 5 and 6 of the Rules of Civil Procedure (Rules),which includes the joinder of multiple parties and multiple claims.Joinder Before taking up the notion of joinder, it is necessary to differentiate between actions and judgments in rem, (“in the subject”) and actions

A conundrum often faced is to find out who can sue and who can be sued in claims involving legally disabled persons and persons looking after the estate of a deceased person, corporations, or partnerships. Disability in a legal sense is defined in rule 1.03 of the Ontario Rules of Civil Procedure (Rules) as a minor, an absentee under the Absentees Act, or a person mentally incapable as in sections 6 or 45 of the

Some mandatory considerations prior to suing are:If a demand has to be made before commencing an action;If law/legislation requires a notice before an action can be started;If there is a limitation period within which the action should be commenced;

With a view to introduce greater efficiency in the Ontario civil justice system, specialized procedures were developed and adopted for particular types of proceedings in the Toronto Region.  “Practice Directions” or directives issued by the court providing for specific procedures to be followed, were introduced to put these procedures in place. At present, specialized courts are in Toronto for commercial,