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Ontario Superior Court Practice: Annotated Rules & Legislation, 2021 Edition + Annotated Small Claims Court Rules & Related Materials Volume + E-Book

Ontario Superior Court Practice provides annotated Ontario rules of civil procedure highlighting the crucial information and principles you need to argue on the fly. The clear, well-organized statements of the current civil law and practice are often cited in the lower courts and by the Court of Appeal.
Publication Language: English
Book + eBook

Hardcover Main Volume + Softcover Forms Volume + E-Book | 2,176 pages (Main Volume) + 1,508 pages (Forms Volume) | Annual – Standing Order Terms Apply

In Stock
ISBN/ISSN: 9780433506133

Product description

"If you are looking for the ultimate ‘rule book’ with the Rules of Civil Procedure, Small Claims Court Rules, key legislation, practice notes, case summaries, links and more I highly recommend Ontario Superior Court Practice by The Honourable Mr. Justice Todd L. Archibald and Master P. Tamara Sugunasiri."

Mitchell Rose, Chartered Mediator & Settlement Counsel
Rose Dispute Resolution

From the book, 40 Mediation Advocacy Tips for Ontario Lawyers by Mitchell Rose (page 7)

Amendments from the Smarter and Stronger Justice Act, 2020 (R.A. July 8, 2020)
The 2021 Edition incorporates the latest amendments from the Smarter and Stronger Justice Act, 2020 (Bill 161) which received royal assent on July 8, 2020 and makes substantial changes to the Class Proceedings Act regarding multi-jurisdictional proceedings, notice to class members, distribution of awards and settlement funds, settlements, subrogation, dismissal for delay, monetary threshold for various appeals, approval of agreements regarding fees and disbursements and of third party funding agreements.

The Rules book that gives you SUPERIOR practice

10 Reasons Why OSCP is The "On-the-Go" Rules book for All Civil Litigators

  1. Annotations provide a summary of the law with cases footnoted – saves you time to "navigate the forest" to get to the research point
  2. More in-depth and extensive annotations than other Rules books – gives you the answer that is not found elsewhere
  3. Example situations – helps you apply points of law to applicable situations
  4. Annotations edited by the judiciary to ensure currency – prepares you to meet bench expectations
  5. Accessible tables with procedural & substantive limitation periods, causes of action, defences and remedies, and civil appeal routes – provides you with the roadmap for your case
  6. Quick Guide to Preparation and Filing of Court Materials – relieves you of last-minute panic to prepare court filings
  7. Other Sources of topical discussion – directs you to quality publications for further research
  8. E-discovery Checklist – reminds you of the do’s and don’ts of e-discovery
  9. E-Book version that offers portability and free off-line access to full text of cases – allows you to leave your desk copies in your office
  10. “Two-In-One” (Ontario Rules of Civil Procedure + fully annotated Small Claims Court Rules) – saves you the hassle to “toggle” between two Rules books

The New 2021 Edition Also Gives You...

  • The latest amendments to Rule 4.05, expected to come into force on July 20, 2020, to:
    • Authorize the use of Civil Submissions Online to submit documents to request filing and/or issuance in an SCJ civil proceeding
    • Prohibit the use of Civil Submissions Online to submit documents that are required or permitted to be filed/issued through the Civil Claims Online system or Teranet system
    • Authorize MAG to collect parties’ information and documentation
    • Authorize registrars to receive and process the documents and to request further information from the users; and
    • Address conflicts between the Civil Submission Online process and the general rules on electronic filing
  • Updated Causes of Action, Defences and Remedies Table (Table IV) to incorporate the Supreme Court of Canada’s decision that openly recognizes a doctrine of unconscionability in contract law (Uber Technologies Inc. v. Heller), along with the following substantive principles of law enunciated by the Ontario Court of Appeal:
    • Tort of conspiracy may be invoked in family law claims (Leitch v. Novac)
    • Properly pleading claim of defective design (Kuiper v. Cook (Canada) Inc.)
    • Punitive damages not to be awarded solely for failure or delay of defendant to admit liability (McCabe v. Roman Catholic Episcopal Corp.)
    • Not sufficient that unjust enrichment or benefit to defendant is indirect (Peel (Regional Municipality) v. Canada)
  • Flowcharts Summarizing Processes under the Rules of Civil Procedure (as of January 1, 2020)
  • Courts of Justice Act, as am. S.O. 2019, c. 7, Sch. 15
  • Rules of Small Claims Court, as am. O. Reg. 345/19
  • Discussion of key recent cases including:
    • When to grant stay where another proceeding is pending (Birdseye Security Inc. v. Milosevic)
    • 10 per cent levy payable to Class Proceedings Fund applied to net settlement funds (Welsh v. Ontario)
    • Judicial discretion to decline to enforce settlement agreement on public policy grounds (Chatsikiriakos v. Kilislian)
    • Test for determining whether pleadings disclose a cause of action in class proceedings (Elbasiouni v. Brampton (City) Chief Building Official)
    • Court's discretion to strike out a party's claim or defence under r. 30.08(2) (Falcon Lumber Ltd. v. 2480375 Ontario Inc.)
    • Use of Rule 21 to determine contractual interpretation claims (Catalyst Capital Group Inc. v. Dundee Kilmer Developments Limited Partnership)
    • Rescission of settlements (Deschenes v. Sylvestre Estate)
    • The court’s role in supervising assembly of trial record (Girao v. Cunningham)

Exclusive E-Book Functionality
And now combining technology and superior annotation and commentary, the OSCP includes a complimentary e-book version that exclusively offers hyperlinks to full text cases and so you can just read the rule, tap a case and obtain it without additional charge (provided you are online). Plus you can read, bookmark, copy and email text, do key word searches and make highlights and notes. Plus, LexisNexis e-books are optimized for all mobile devices.


Featured Authors

Table of contents

Main Volume
Quick Guide to Preparation & Filing of Court Materials

  • Procedural Limitation Periods
  • Substantive Limitation Periods
  • Civil Appeal Routes
  • Causes of Action, Defences and Remedies
Annotated Statutes
  • Courts of Justice Act
  • Class Proceedings Act, 1992
  • Law Society Act (selected sections)
  • Solicitors Act
  • Limitations Act, 2002
  • Evidence Act
  • Judicial Review Procedure Act
  • Number of Judges, O. Reg. 502/99
  • Designation of Regions, R.R.O. 1990, Reg. 186
  • Small Claims Court Jurisdiction and Appeal Limit, O. Reg. 626/00
  • Bilingual Proceedings, O. Reg. 53/01
  • Class Proceedings, O. Reg. 771/92
  • Mediators' Fees (Rule 24.1, Rules of Civil Procedure), O. Reg. 451/98
  • Rules of Civil Procedure (Annotated)
  • Tariffs and Fees

Annotated Small Claims Court Rules and Related Materials Volume
  • Small Claims Court Forms (Annotated)
  • Family Law Rules (Unannotated)
Practice Directions and Policies

  • Small Claims Court Forms
  • Rules of Civil Procedure Forms
  • Family Law Forms
    • Commonly Used Forms at the Family Responsibility Office
    • Forms Regulated by the Family Responsibility and Support Arrears Enforcement Act, 1996
    • Forms Required Under the Interjurisdictional Support Orders Act, 2002
    • Family Law Rules Forms
  • Do's and Don'ts of E-Discovery Practices in Ontario
  • Ontario E-Discovery Implementation Committee Model Document #8 Annotated E-Discovery Checklist
  • Ontario E-Discovery Implementation Committee Model Document #9 Checklist for Preparing a Discovery Plan