Morden & Perell – The Law of Civil Procedure in Ontario, 4th Edition
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Morden & Perell – The Law of Civil Procedure in Ontario, 4th Edition covers civil procedure in Ontario from preliminary considerations to appeals of motions, applications and actions. It provides readers with knowledge of the litigation process in the Superior Court of Justice and the Court of Appeal for Ontario.
Features and Benefits
- 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
- Updated and revised treatment of the Rules of Civil Procedure, including 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
- Commentary by two authors who contributed to the development of the modern rules of court and civil procedure
- Applicability in other Canadian jurisdictions that base their rules upon the same principles as the Ontario rules
What's New in this Edition
- Revised discussion of limitation periods where there continues to be numerous summary judgment motions and trial decisions concerning the nuances of discoverability, as well as when court proceedings would be appropriate to trigger the running of limitation periods
- Analysis of the recent amendments to the simplified procedure rule (with respect to claims for under $200,000) with respect to how the Rules of Civil Procedure will operate for these trials and the changes to practice and procedure
- New analysis of Reference availability and procedure
- Coverage of Civil Remedies Act proceedings
- New discussion on Parliamentary and Quality Assurance Privilege
- Coverage of Fraudulent Conveyances and Fraudulent Preferences
Who Should Read This Book
- Civil Litigators seeking a detailed and sophisticated consideration of the subject
- Judges and Masters seeking a comprehensive, up-to-date analysis of the rules
- Law Professors and Law Students looking for a major treatise that provides a comprehensive overview of civil procedure in Ontario
- Law Clerks and Paralegals who need to understand the fundamentals of civil procedure
Table of contents
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