Morden & Perell - The Law of Civil Procedure in Ontario

Morden & Perell - The Law of Civil Procedure in Ontario

Introducing the Successor to The Law of Civil Procedure by Williston & Rolls, the Leading Authority on Civil Procedure in Ontario for Decades " Because of their intertwined role, it is pointless to ask which of substantive and procedural law is primary, or more important, than the other. They complement each other, and they are interdependent ...

Publisher: LexisNexis Canada
Country: Canada
Format: Hardcover Book
Publication Language: English
ISBN: 9780433453246
Publication Date: 2010-11-30

				Price: $310.00

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Introducing the Successor to The Law of Civil Procedure by Williston&; Rolls, the Leading Authority on Civil Procedure in Ontario for Decades

"Because of their intertwined role, it is pointless to ask which of substantive and procedural law is primary, or more important, than the other. They complement each other, and they are interdependent features of the administration of civil justice. The days are long gone when procedure was unthinkingly regarded as having an independent role to play such that breaches of procedural rules were not tolerated even if the result should be a failure of justice."

-From Chapter 1: Overview of the Law of Civil Procedure

The Osborne amendments to the Ontario Rules of Civil Procedure - in effect since January 1, 2010 - have reformed dozens of procedural rules in Ontario. Morden&; Perell -The Law of Civil Procedure in Ontario provides a substantive consideration of the rules including the recent amendments by two authorities on civil procedure. This in-depth examination of civil procedure includes recent case law which shows how the courts have begun to interpret and apply the new rules.

Features and Benefits

Full treatment of the rules including to dispositions before trial, summary judgments, determination of issues before trial, scope and procedure governing discoveries, expert evidence, proportionality, trials, appeals and the costs of litigation
Identification of the sources of civil procedure law, including the Rules of Civil Procedure, inherent jurisdiction of the court, case law, rules of professional conduct, and legal literature
Expert commentary by a pair of authors who contributed significantly to the development of the modern Rules of Civil Procedure
Applicability in other Canadian jurisdictions that base their rules upon the Ontario rules

An Essential Resource on Civil Procedure For:

Civil Litigators seeking a detailed and sophisticated consideration of the subject
Judges seeking a comprehensive, up-to-date analysis of the rules
Law professors and students looking for a major treatise which provides a comprehensive overview of all the key issues
Law clerks and paralegals who need to understand the fundamentals of civil procedure

Chapter 1: Overview of the Law of Civil Procedure
Chapter 2: Preliminary Considerations
Chapter 3: Preservation of Rights in Pending Litigation
Chapter 4: Parties, Joinder of Parties, and Joinder and Separation of Claims and Defences
Chapter 5: Types of Actions, Pleadings and Applications
Chapter 6: Dispositions Without Trial
Chapter 7: Discovery of Documents, Examinations for Discovery, and Other Examinations
Chapter 8: Timetables, Motions, Pre-trial Conference, Offer to Settle, Simplified Procedure, Case Management, and Listing for Trial
Chapter 9: Trials
Chapter 10: Prejudgment and Postjudgment Interest, Costs, and Security for Costs
Chapter 11: Orders and Their Enforcement
Chapter 12: Appeals

The Honourable Mr. Justice Paul M. Perell, B.A., LL.B., LL.M, Ph.D. & The Honourable John W. Morden, B.A., LL.B., LL.D., D.S.L.

The Honourable John W. Morden, B.A., LL.B., LL.D., D.S.L., was a member of the Rules Committee from 1974 to 1999. He also chaired the Special Sub-Committee of the Rules Committee, which, following on the work of the Williston Committee, prepared the Rules of Civil Procedure for Ontario(1980–84), the Civil Rules Committee (1990–99), and the Criminal Rules Committee (1990–99). Mr. Morden was appointed to the High Court of Justice of Ontario in 1973, and served on the Ontario Court of Appeal from 1978 to 2003. From 1990 to 1999, he was the Associate Chief Justice of Ontario. Since 2004, he has been counsel at Heenan Blaikie. From 1999 to 2004, he taught Advanced Civil Procedure at the University of Toronto as an adjunct professor.

The Honourable Mr. Justice Paul M. Perell, B.A., LL.B., LL.M, Ph.D., was a member of the Secretariat of the Civil Rules Committee for the Court of Appeal for Ontario and the Superior Court of Justice from 1985 to 2005, as well as Chair of the 1995 and 2002 Law Society of Upper Canada Special Lectures. He is an adjunct professor at the University of Toronto and Osgoode Hall law schools, and has authored several legal publications. Mr. Justice Perell was appointed to the Ontario Superior Court of Justice in 2005. Before that, he was a partner at Weir Foulds LLP, where he practised in the areas of civil litigation and legal research and writing.

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