Dispositions Without Trial, 3rd Edition
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This civil litigation reference has been updated to account for changes in the law since the previous edition published in 2007. It provides guidance for evaluating and conducting motions for summary judgment, for determination of issues before trial and for dismissal without delay.
The Third Edition includes a detailed review of the case law extracting key principles relating to motions, along with everyday practice tips. The text contains practical charts and tables, a trial management checklist under rule 76 and precedents for common pre-trial motions.
- Expanded and updated Charts of Causes of Action and Defences and their Legal Elements allows the reader to quickly confirm what the appropriate elements of most known causes of action or defences are in order to properly analyze whether to bring, and how to defend, Rule 19, 20, 21 and 76 motions; in both civil and family contexts
- Special updated Appendix on the application of summary judgment in matrimonial proceedings
- Updated legal precedents – law portions updated in factum for motion to set aside default judgment, factum on summary judgment motion, factum on motion to dismiss an action for delay
- Brand new Agreed Statement of Fact precedent – this precedent is combined with a new section in Chapter 7 that discusses the use of ASF as an alternative to using Requests to Admit
New in This Edition
- New sections discussing:
- Potential Prejudice to the Moving and Responding Parties
- Effect of the Order on the Integrity of the Justice System Test to Set Aside Admissions
- Alternative to Rule 51
- Exchanging Affidavit of Documents
- Mandatory Mediation
- Pre-Trial Conferences – Rule 50
- Setting a Matter Down for Trial
- Extensive analysis of the leading Supreme Court of Canada decision, Hryniak v Mauldin, on the new Rule 20 summary judgment and updated Rules and case law in both civil and family context
- Significantly revised discussion on Jurisdiction over Extra-provincial Defendants, with analysis of the two part test outlined in the Supreme Court of Canada’s leading decision on assuming jurisdiction: Van Breda v Village Resorts Ltd.
- Revised discussion about proceeding directly to the Court of Appeal as a special case with analysis of Ontario Court of Appeal decision, Coady v Law Society of Upper Canada
- Discussion of the new rule 23.05 and its requirement for the court to look to rule 57.01 when exercising discretion on costs in the situation of a discontinuance, as explained in Digiuseppe v Todd
- Explanation of what constitutes inordinate delay, inexcusable delay and the issue of prejudice under Rule 24 with reference to Ontario Court of Appeal decision: Langenecker v Sauve
- Most recent case law and current leading authorities with a specific focus on Ontario
Who Should Buy
- Civil Litigation Lawyers – To assist in their litigation practice
- Judges – To cite and reference on various points of litigation
- Law schools/Libraries – Invaluable addition to any law library and for students to learn about motions
Table of contents
Table of Cases
Chapter One: Default Judgment - Rule 19
Chapter Two: Summary Judgment - Rule 20
Chapter Three: Determination of Issues - Rule 21
Chapter Four: Special Case - Rule 22
Chapter Five: Discontinuance and Withdrawal - Rule 23
Chapter Six: Dismissal for Delay - Rule 24
Chapter Seven: Admissions - Rule 51
Chapter Eight: Simplified Procedure - Rule 76
Chapter Nine: Permanent Stay of Proceedings
Chapter Ten: Pre-Trial Conferences – Rule 50