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Ontario and Canada
Appeal Court Dicta
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Civil Litigation
PREAMBLE
The Courts of Justice Act ('CJA') and the Rules of Civil Procedure ('RCP' or 'Rules') are at the heart of Ontario's civil litigation system. With this Superior Court-focussed topic I have focussed on trial level civil litigation, locating appeals and judicial reviews elsewhere (see the header). Also closely-related are the separate topics of: Evidence, Courts, Small Claims Court and Federal Court.
THIRD PARTY LINKS
CANLII - Civil Procedure and Practice in Ontario
GENERAL
Civil Litigation Dicta - Irregularities
RCP 1 Citation, Application and Interpretation
RCP 2 - Non-Compliance with the Rules
|||Rules of law and equity [Courts of Justice Act, s.96 (Ont)] [#COURTS]
|||Where procedures not provided [Courts of Justice Act, s.146 (Ont)] [#COURTS]
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ADJOURNMENTS
Civil Litigation Dicta - Adjournments
AFFIDAVITS
Civil Litigation Dicta - Affidavits
Civil Litigation Dicta - Affidavits - Cross-Examination
RCP 4.06 - Affidavits
RCP 39 - Evidence on Motions and Application
APPLICATIONS
Civil Litigation Dicta - Applications (+)
RCP 38 Applications — Jurisdiction and Procedure
CERTIFICATE OF PENDING LITIGATION
Civil Litigation Dicta - Certificate of Pending Litigation
RCP 42 - Certificate of Pending Litigation
|||Certificate of pending litigation [Courts of Justice Act, s.103 (Ont)] [#COURTS]
CLASS PROCEEDINGS
RCP 12 - Class Proceedings and Other Representative Proceedings
CONFERENCES
Civil Litigation Dicta - Pre-trial Conferences
RCP 50 - Conferences
CONSOLIDATION OR HEARING TOGETHER OR SEPARATE
Civil Litigation Dicta - Consolidation
Civil Litigation Dicta - Separate Hearings
Civil Litigation Dicta - Multiplicity of Proceedings
Civil Litigation Dicta - Joint Liability and Judgment or Release [CJA s.139]
RCP 6 - Consolidation or Hearing Together
RCP 6.1 - Separate Hearing
|||Consolidation of proceedings in different courts [Courts of Justice Act, s.107 (Ont)] [#COURTS]
|||Multiplicity of proceedings [Courts of Justice Act, s.138 (Ont)] [#COURTS]
CONSTITUTIONAL/CHARTER
|||Notice of constitutional question [Courts of Justice Act, s.109 (Ont)] [#COURTS]
COSTS
Civil Litigation Dicta - Costs - General
Civil Litigation Dicta - Costs - History
Civil Litigation Dicta - Costs - Interim
Civil Litigation Dicta - Costs - Deterrent
Civil Litigation Dicta - Costs - Public Interest Litigation
Civil Litigation Dicta - Costs - Nature of Issues
Civil Litigation Dicta - Costs - Contractually-Determined
Civil Litigation Dicta - Costs - Insurance
Civil Litigation Dicta - Costs - Access to Justice
Civil Litigation Dicta - Costs - Partial/Substantial/Full Indemnity
Civil Litigation Dicta - Costs - Dismissal of Action for Non-Payment
Civil Litigation Dicta - Costs - Disbursements
Civil Litigation Dicta - Costs - Non-Parties (+)
Civil Litigation Dicta - Costs - Pro Bono
Civil Litigation Dicta - Costs - Discretion [CJA s.130]
Civil Litigation Dicta - Costs - Against a Lawyer Personally
Civil Litigation Dicta - Costs - Effect of Allegation of Fraud
Civil Litigation Dicta - Costs - Self-Represented Parties
Civil Litigation Dicta - Costs - Impecuniosity
Civil Litigation Dicta - Costs - Assessment
Civil Litigation Dicta - Costs - Agreement by Parties
Civil Litigation Dicta - Costs - Estates
Civil Litigation Dicta - Costs - Mortgage Litigation
Civil Litigation Dicta - Costs - SLAPP
Civil Litigation Dicta - Costs - Adjudged by What Loser Wanted
Civil Litigation Dicta - Costs - Novelty of Cause of Action
Civil Litigation Dicta - Costs - By Precedent
Civil Litigation Dicta - Costs - Legal Clinic
Civil Litigation Case Dicta - Costs - Where Repair
Civil Litigation Case Dicta - Costs - Where Fundraising
RCP 57 - Costs of Proceedings
|||Costs [Courts of Justice Act, s.131 (Ont)] [#COURTS]
DECLARATIONS
|||Declaratory orders [Courts of Justice Act, s.97 (Ont)] [#COURTS]
DEFINITIONS
|||Definitions of the Courts of Justice Act [Courts of Justice Act, s.1 (Ontario)] [#COURTS]
DEEMED (IMPLIED) UNDERTAKINGS
Civil Litigation Dicta - Deemed (Implied) Undertaking
RCP 30.1 - Deemed Undertaking
DEFAULT JUDGMENT
Civil Litigation Dicta - Default Judgment - Consequences
Civil Litigation Dicta - Default Judgment - Setting Aside (+)
Civil Litigation Dicta - Default Judgment - Amendment
RCP 19 - Default Proceeding
DISABILITY
Civil Litigation Dicta - Persons Under Disability
RCP 7 - Person Under Disability
DISCONTINUANCE AND WITHDRAWAL
Civil Litigation Dicta - Discontinuance
RCP 23 Discontinuance and Withdrawal
DISCRETION
Civil Litigation Dicta - Discretion
DISMISSAL FOR DELAY
Civil Litigation Dicta - Dismissal for Delay - Generally
Civil Litigation Dicta - Dismissal for Delay - Setting Aside
RCP 48 - Listing for Trial
DOCUMENTS
Civil Litigation Dicta - Documents
Civil Litigation Dicta - Document Briefs
RCP 4 - Court Documents
ENFORCEMENT
Civil Litigation Dicta - Enforcement
RCP 60 Enforcement of Orders
|||Civil orders directed to sheriffs [Courts of Justice Act, s.141 (Ont)] [#COURTS]
|||Enforcement [Courts of Justice Act, s.143 (Ont)] [#COURTS]
|||Orders enforceable by police [Courts of Justice Act, s.144 (Ont)] [#COURTS]
ESTATES
RCP 9 Estates and Trusts
RCP 74 Estates — Non-Contentious Proceedings
RCP 75 Estates — Contentious Proceedings
EVIDENCE [SS: consider shift to Evidence topic]
Civil Litigation Dicta - Admissions
Civil Litigation Dicta - Evidence at Trial [R53]
RCP 4.1 - Duty of Expert
RCP 32 Inspection of Property
RCP 33 Medical Examination of Parties
RCP 34 Procedure on Oral Examinations
RCP 35 Procedure on Examination for Discovery by Written Questions
RCP 36 Taking Evidence Before Trial
RCP 50.03.1 Certificate of Readiness to be Filed
RCP 51 - Admissions
RCP 53 - Evidence at Trial
|||Physical or mental examination [Courts of Justice Act, s.105 (Ont)] [#COURTS]
EXAMINATIONS (Discovery and Cross-Examinations on Affidavits)
Civil Litigation Dicta - Discovery - General
Civil Litigation Dicta - Discovery - Documentary
Civil Litigation Dicta - Discovery - Scheduling
RCP 29.1 Discovery Plan
RCP 29.2 Proportionality in Discovery
RCP 30 - Discovery of Documents
RCP 31 - Examination for Discovery
|||Examinations for Discovery, Use of Corporate [Evidence Act, s.15 (Ontario)] [#Evidence]
|||Examinations etc, Certified Copies of Admissible [Evidence Act, s.48(1-2) (Ontario)] [#Evidence]
FEDERAL-PROVINCIAL COMPETING JURISDICTIONS
Civil Litigation Dicta - Federal-Provincial Competing Jurisdictions [#FEDERALCOURT]
|||Jurisdiction of Federal Court [Courts of Justice Act, s.148 (Ont)] [#COURTS]
FOREIGN JUDGMENTS
RCP 73 - Reciprocal Enforcement of United Kingdom Judgments
FRIVOLOUS AND VEXATIOUS
Civil Litigation Dicta - Frivolous and Vexatious (+)
RCP 2.1 - General Powers to Stay or Dismiss if Vexatious, etc.
|||Vexatious proceedings [Courts of Justice Act, s.140 (Ont)] [#COURTS]
IMMUNITY
|||Protection for acting under court order [Courts of Justice Act, s.142 (Ont)] [#COURTS]
INJUNCTIONS AND STAYS
Injunctions and Stays [#INJUNCTIONSANDSTAYS]
RCP 40 - Interlocutory Injunction or Mandatory Order
RCP 63 - Stay Pending Appeal
|||Injunctions and receivers [Courts of Justice Act, s.101 (Ont)] [#COURTS]
|||Interim order for recovery of personal property [Courts of Justice Act, s.104 (Ont)] [#COURTS]
|||Stay of proceedings [Courts of Justice Act, s.106 (Ont)] [#COURTS]
INTEREST
|||Prejudgment and postjudgment interest rates [Courts of Justice Act, s.127 (Ont)] [#COURTS]
|||Prejudgment interest [Courts of Justice Act, s.128 (Ont)] [#COURTS]
|||Postjudgment interest [Courts of Justice Act, s.129 (Ont)] [#COURTS]
|||Discretion of court [Courts of Justice Act, s.130 (Ont)] [#COURTS]
INTERVENTION
Intervention [#INTERVENTION]
JOINDER
Civil Litigation Dicta - Misjoinder
Civil Litigation Dicta - Misnomer ('Litigation Finger')
Civil Litigation Dicta - Unknown Parties
Civil Litigation Dicta - Joinder - Parties
Limitations Act 2002, s.21
RCP 5 Joinder of Claims and Parties
JURIES [SS: cross-link to Juries (Civil)]
RCP 47 - Jury Notice
RCP 52 - Trial Procedure [esp. 52.05, 52.07-52.10]
|||Jury trials [Courts of Justice Act, s.108 (Ont)] [#COURTS]
LAWYERS
RCP 15 - Representation by Lawyer
LIABILITY
|||Joint liability not affected by judgment or release [Courts of Justice Act, s.139 (Ont)] [#COURTS]
MEDIATION
RCP 24.1 Mandatory Mediation
RCP 75.1 Mandatory Mediation — Estates, Trusts and Substitute Decisions
RCP 75.2 Court-Ordered Estates Mediation
MOTIONS
Civil Litigation Dicta - Motions
Civil Litigation Dicta - Ex Parte Motions
RCP 37 - Motions - Jurisdiction and Procedure
OBJECTIONS
Civil Litigation Dicta - Objections
OPEN COURT DOCTRINE
Civil Litigation Dicta - Public Access - General
Civil Litigation Dicta - Recording of Proceedings
Civil Litigation Dicta - Document Access
Civil Litigation Dicta - Public Access - Redactions from Record
Civil Litigation Dicta - Public Access - Open Court Doctrine (+)
Civil Litigation Dicta - Anonymization
|||Public hearings [Courts of Justice Act, s.135 (Ont)] [#COURTS]
|||Prohibition against photography, etc., at court hearing [Courts of Justice Act, s.136 (Ont)][#COURTS]
|||Documents public [Courts of Justice Act, s.137 (Ont)] [#COURTS]
ORDERS
Civil Litigation Dicta - Orders - General
Civil Litigation Dicta - Bullock and Sanderson Orders
Civil Litigation Dicta - Orders - Interpretation
Civil Litigation Dicta - Orders - Security for Trial
Civil Litigation Dicta - Orders by Registrar
Civil Litigation Dicta - Settling Orders
Civil Litigation Dicta - Orders - R59.06 Set-Aside Motions [SS: probs here]
Civil Litigation Dicta - Pierringer Orders
Civil Litigation Dicta - Directions
RCP 59 - Orders
|||Judge’s retirement, etc., inability or failure to give decision [Courts of Justice Act, s.123 (Ont)] [#COURTS]
ORIGINATING PROCESS
Civil Litigation Dicta - Originating Process
RCP 14 - Originating Process
PARTIES
Civil Litigation Dicta - Party Agreements as to Facts
RCP 10 Representation Order
RCP 11 Transfer or Transmission of Interest
PARTNERSHIPS
RCP 8 - Partnerships and Sole Proprietorships
PAYMENTS INTO AND OUT OF COURT
Civil Litigation Dicta - Payment into and out of Court
RCP 72 - Payment Into and Out of Court
PLEADINGS
Civil Litigation Dicta - Pleadings - General (+)
Civil Litigation Dicta - Pleadings - Law
Civil Litigation Dicta - Pleadings - Particularity
Civil Litigation Dicta - Pleadings - Pleading in the Alternative
Civil Litigation Dicta - Pleadings - Defence
Civil Litigation Dicta - Pleadings - Cross-Claims
Civil Litigation Dicta - Pleadings - Closing
Civil Litigation Dicta - Pleadings - Where Settlement Privilege Involved
RCP 25 - Pleadings in an Action
RCP 27 - Counterclaim
RCP 28 - Crossclaim
RCP 29 - Third Party Claim
|||Agreement preventing third party claim or crossclaim [Courts of Justice Act, s.113 (Ont)] [#COURTS]
PLEADINGS, AMENDMENT
Civil Litigation Dicta - Amending Pleadings - General (+)
Civil Litigation Dicta - Amending Pleadings - Limitations
RCP 26 - Amendment of Pleadings
PROPERTY
Civil Litigation Dicta - Interim Preservation of Property
RCP 44 - Interim Recovery of Personal Property
RCP 45 - Interim Preservation of Property
PROPORTIONALITY
Civil Litigation Dicta - Proportionality
RECEIVERS
Civil Litigation Dicta - Receivers
|||Injunctions and receivers [Courts of Justice Act, s.101 (Ont)] [#COURTS]
RE-EXAMINATIONS
Civil Litigation Dicta - Re-examination
REFERENCES
Civil Litigation Dicta - References
|||References to Court of Appeal [Courts of Justice Act, s.8 (Ont) [#COURTS]
RELIEF FROM PENALTIES
Relief From Forfeiture [#RELIEF-FROM-FORFEITURE]
|||Relief against penalties [Courts of Justice Act, s.98 (Ont)] [#COURTS]
RULES, CIVIL
|||Civil Rules Committee [Courts of Justice Act, s.65 (Ont)] [#COURTS]
|||Civil Rules [Courts of Justice Act, s.66 (Ont)] [#COURTS]
SECURITY FOR COSTS
Civil Litigation Dicta - Security for Costs (+)
RCP 56 - Security for Costs
|||Security [Courts of Justice Act, s.115 (Ont)] [#COURTS]
SERVICE
Civil Litigation Dicta - Service
RCP 17 - Service Outside Ontario
RCP 18 Time for Delivery of Statement of Defence
SET-OFF
Set-off [#SET-OFF]
|||Set off [Courts of Justice Act, s.111 (Ont)] [#COURTS]
SETTLEMENT
Civil Litigation Dicta - Settlement - General
Civil Litigation Dicta - Settlement - Release
Civil Litigation Dicta - Settlement - Disclosure of a Settlement
Civil Litigation Dicta - Settlement - Setting Aside a Settlement
Civil Litigation Dicta - Settlement - Effect of Settlement Offer on Costs
Civil Litigation Dicta - Settlement - Enforcement
Civil Litigation Dicta - Settlement - Claim-Over and Indemnity Terms
RCP 49 - Offer to Settle
SIMPLIFIED PROCEDURE
RCP 76 Simplified Procedure
SLAPP
Civil Litigation Dicta - SLAPP - The 2020 Leading Supreme Court of Canada Cases
Civil Litigation Dicta - SLAPP - General (+)
Civil Litigation Dicta - SLAPP - Timing
Civil Litigation Dicta - SLAPP - Public Interest Threshold (+)
Civil Litigation Dicta - SLAPP - No Further Steps in Proceeding [CJA 137.1(5)]
Civil Litigation Dicta - SLAPP - Merits Exception (+)
Civil Litigation Dicta - SLAPP - No Valid Defence
Civil Litigation Dicta - SLAPP - "Grounds to Believe"
Civil Litigation Dicta - SLAPP - Harm-Expression Balancing Exception (+)
Civil Litigation Dicta - SLAPP - Damages
Civil Litigation Dicta - SLAPP - Critique
Civil Litigation Dicta - SLAPP - Costs
Civil Litigation Dicta - SLAPP - Appeals
|||Dismissal of proceeding that limits debate (SLAPP) [Courts of Justice Act, s.137.1 (Ont)] [#COURTS]
|||Procedural SLAPP matters [Courts of Justice Act, s.137.2 (Ont)] [#COURTS]
|||SLAPP Appeal to be heard as soon as practicable [Courts of Justice Act, s.137.3 (Ont)] [#COURTS]
|||Stay of SLAPP-related tribunal proceeding [Courts of Justice Act, s.137.4 (Ont)] [#COURTS]
|||SLAPP Temporal Application [Courts of Justice Act, s.137.5 (Ont)] [#COURTS]
SPECIAL CASE
RCP 22 - Special Case
STAYS
Civil Litigation Dicta - Injunctions and Stays [#INJUNCTIONSANDSTAYS]
|||Stay of proceedings [Courts of Justice Act, s.106 (Ont)] [#COURTS]
STRIKING PLEADINGS (R21)
Civil Litigation Dicta - Striking Pleadings - Generally
Civil Litigation Dicta - Striking Pleadings - R21 v R20 Summary Judgment
Civil Litigation Dicta - Striking Pleadings - R21 Determination of an Issue Before Trial
Civil Litigation Dicta - Striking Pleadings - R21.02 Delay
Civil Litigation Dicta - Striking Pleadings - R21 v R25.11 Striking Pleadings as Frivolous
Civil Litigation Dicta - Striking Pleadings - R25.06 Plead Material Facts, Not Evidence
Civil Litigation Dicta - Striking Pleadings - R25.11 Striking Pleadings as Frivolous
Civil Litigation Dicta - Striking Pleadings - No Jurisdiction
Civil Litigation Dicta - Striking Pleadings - Before Defence
Civil Litigation Dicta - Striking Pleadings - Leave to Amend
Civil Litigation Dicta - Striking Pleadings and Limitations
Civil Litigation Dicta - Striking Pleadings - Standard of Appellate Review
Civil Litigation Dicta - Striking Pleadings - Evidence Not Normally Considered
Civil Litigation Dicta - Striking Pleadings - Timetable Non-Compliance [R3.04]
Civil Litigation Dicta - Striking Pleadings - Novel Causes
RCP 21 - Determination of an Issue Before Trial
SUMMARY JUDGMENT
Civil Litigation Dicta - Summary Judgment
Civil Litigation Dicta - Summary Judgment - General | Part 2
Civil Litigation Dicta - Summary Judgment - Partial (+)
Civil Litigation Dicta - Summary Judgment - Evidence
Civil Litigation Dicta - Summary Judgment - Practice
Civil Litigation Dicta - Summary Judgment - Issue Estoppel
Civil Litigation Dicta - Summary Judgment - Against Moving Party
Civil Litigation Dicta - Summary Judgment - Jury Trials [#JuriesCivil]
RCP 20 - Summary Judgment
TESTIMONY
Civil Litigation Dicta - Testimony
TIME
Civil Litigation Dicta - Time - 2020 Time Limits Suspension
Civil Litigation Dicta - Time - Extending Time Generally
Civil Litigation Dicta - Time - Extending Time for Setting Down for Trial
Civil Litigation Dicta - Time - Timetable [R3.04]
RCP 3 - Time
TRANSFERS FROM WRONG COURT
Civil Litigation Dicta - Transfers from Wrong Court
|||Proceeding in wrong forum [Courts of Justice Act, s.110 (Ont)] [#COURTS]
TRIAL
Civil Litigation Dicta - Trial
TRIAL LISTING
Civil Litigation Dicta - Trial Listing
RCP 48 - Listing for Trial
TRIAL PROCEDURE
Civil Litigation Dicta - Trial Procedure
RCP 52 - Trial Procedure
VENUE
Civil Litigation Dicta - Venue
RCP 13.1 - Place of Commencement and Hearing or Trial
RCP 46 - Place of Trial
|||Agreement as to place of hearing [Courts of Justice Act, s.114 (Ont)] [#COURTS]
VESTING ORDERS
Civil Litigation Dicta - Vesting Orders
|||Vesting orders [Courts of Justice Act, s.100 (Ont)] [#COURTS]
ONTARIO REGULATIONS
Rules of Civil Procedure
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