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Morden & Perell – The Law of Civil Procedure in Ontario, 3rd Edition, Student Edition

Covers civil procedure in Ontario from preliminary considerations to appeals of motions, applications and actions and provides readers with knowledge of the litigation process in the Superior Court of Justice and the Court of Appeal for Ontario. [SOFTCOVER FORMAT]
Publication Language: English
Book
$120.00
Quantity
In Stock
Published:
ISBN/ISSN: 9780433494621

Product details

Morden & Perell – The Law of Civil Procedure in Ontario, 3rd Edition, Student Edition (softcover version) covers civil procedure in Ontario from preliminary considerations to appeals of motions, applications and actions and provides readers with knowledge of the litigation process in the Superior Court of Justice and the Court of Appeal for Ontario.

Features

  • 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

New in this Edition

  • Brings the law up to date to January 1, 2017
  • A description of Ontario's Apology Act, which has been adopted in all the Canadian provinces, except Quebec
  • Discussion of various amendments to the rules and to the Courts of Justice Act, including the anti-SLAPP legislation
  • Discussion of anti-SLAPP motions, procedure and dispositions, costs, and damages
  • Revised discussion of the duty of loyalty including Supreme Court of Canada's decision in National Railway Co v McKercher LLP
  • Revised section on the test for a summary judgment
  • New or revised sections on:
    • The Ontario Superior Court's subject-matter jurisdiction
    • The new summary procedure to stay or dismiss frivolous, vexatious, or abusive proceedings
    • Relief from penalties and forfeiture pursuant to s. 98 of the Courts of Justice Act
    • Choice of law and how domestic courts apply foreign law
    • An updated and revised discussion of interlocutory and final orders
    • The operation of limitation periods and the Real Property Limitations Act
    • Third Party funding agreements
    • The privilege of self-incrimination and the application of the Charter in civil proceedings
    • Class proceedings under the Class Proceedings Act, 1992 actions
    • Appeals from a certificate of an assessment officer
    • Trial management duties

An Essential Resource

  • For civil Litigators seeking a detailed and sophisticated consideration of the subject
  • For judges and masters seeking a comprehensive, up-to-date analysis of the rules
  • For law professors and law students looking for a major treatise that provides a comprehensive overview of civil procedure in Ontario
  • For law clerks and paralegals who need to understand the fundamentals of civil procedure

Featured authors

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