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The prospect of civil litigation hangs over virtually every legal file, making an understanding of the rules and procedures that govern actions in the superior courts a basic tool for lawyers in any field of practice. And, with greater mobility and the routine extension of contemporary business operations beyond traditional borders, it's not enough to limit that understanding to a just a single province.
Thoroughly revised and newly consolidated into a single volume, this title is the starting place for effective research on questions relating to civil practice and procedure in Canada. Covering the rules of practice in every jurisdiction, Civil Procedure (2012 Reissue) outline the framework for litigation in civil courts across Canada. Organized on a topical basis, it is an especially useful resource for users who do not specialize in civil litigation, and for practitioners who seek a convenient insight into practice in other Canadian jurisdictions.
Topics covered include:
- Jurisdictional issues
- Commencement of proceedings
- Pleadings
- Types of pleadings
- Relevant rules
- Disposition without trial
- Default judgments
- Summary judgment
- Determination of issues before trial
- Discontinuance
- Dismissal for delay
- Motions in a proceeding
- Ex parte motions
- Form of notice
- Venue and jurisdiction
- Evidence
- Disposition by court
- Discovery
- Documentary discovery
- Examination for discovery
- Inspection of property
- Special procedures
- Simplified procedure
- Case management
- Pre-trial procedures
- Determining venue
- Consolidation orders
- Jury trials
- Setting down for trial
- Mandatory mediation
- Pre-trial conferences
- Settlements
- Trials
- Rights of parties
- Preliminary motions
- Opening and closing statements
- Evidence
- Juries
- Judgments and orders
- Mistrial
- Costs
- Quantum of costs
- Costs to follow event
- Non-parties
- Security for costs
- Appeals
- Standard of review
- Appeals to particular courts
- Stay pending appeal
- Procedural steps
- Appellate court powers
- Enforcement of judgments and orders
- Exemptions from execution
- Examination in aid of execution
- Enforcing monetary judgments
- Judgments regarding property
- Contempt
Features - Enhanced contents
- A general table of contents to the level of chapter headings
- A detailed table of contents to the level of clause headings
- A Detailed sectional contents set out within the commentary for each chapter and section
- References and abbreviations - An alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
- Selected secondary sources - Setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful
- Glossary of definitions - Identifying words and phrases defined in the various rules of civil procedure across Canada, and providing the text of the definition in each jurisdiction for easy reference. A valuable "quick reference" in a field marked by a wide variety of statutes promulgated across many jurisdictions
Plus
- Table of cases
- Table of statutes and statutory instruments
- List of related titles
- Index
Billing Method: Updates Billed As Issued
Master Linda S. Abrams, B.A., J.D., LL.M., Kevin P. McGuinness, LL.B., LL.M., S.J.D. & Jay Brecher, B.A., LL.B.
Master Linda S. Abrams, B.A., J.D., LL.M., is a Master of the Superior Court of Justice
(Ontario). Until her appointment to the Bench in 1999, Master Abrams was a civil litigator - first with Fasken Martineau and later with Torys. Concurrent with her law practice, Master Abrams served on the Criminal Injuries Compensation Board (Adjudicator and Vice-Chair), on the Health Professions Appeal and Review Board (Adjudicator) and on the Ethics Review
Committee of the University of Toronto. Master Abrams is a frequent speaker at CLE conferences. Her legal writings include articles for the Canadian Business Law Journal and a text on credit union law. She is also, with Kevin P. McGuinness, co-author of Canadian Civil Procedure Law, published by LexisNexis® Canada.
Kevin P. McGuinness, LL.B., LL.M., S.J.D., is Counsel in the Crown Law Office of the Ontario Ministry of the Attorney General. He has taught law in Canada, and Australia, and was Steele Raymond Professor of Business Law at Bournemouth University, England. He is or has been a member of the Editorial Boards of the Construction Law Reports, Journal of
Interdisciplinary Economics and Journal of Alternative Dispute Resolution, Mediation and Negotiation. Mr. McGuinness is the author of Canadian Business Corporations Law, 2nd Edition, co-author of Canadian Civil Procedure Law and the author of numerous other texts and articles.
Jay Brecher, B.A., LL.B, is the Managing Editor of Halsbury's Laws of Canada. He is the author or co-author of several other Halsbury's titles, including Athletics, Judges and Courts, and Social Assistance, and has served as a contributing editor on many others, including Copyright, Patents, Trade-marks, Employment, Torts, and Negligence.
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