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Tag: action

TESTIMONY & BEING EXAMINED IN A DISCOVERY

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:

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HOW TO COUNTER-SUE!

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).

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STARTING A CLAIM?

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.

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