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Tag: discovery

The New Simplified Procedure Rule for Civil Litigation in Ontario

Beginning where we left off earlier, the Simplified Procedure, under Rule 76 of the Rules was initially introduced in 1996 to reduce the cost of litigating claims for modest amounts by shortening the pre-trial procedures, like permitting a “summary trial”, where the majority of the evidence is adduced by affidavit and

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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 START AN APPLICATION TO THE COURTS

“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

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