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Civil Litigation - Table of Contents (A)
GENERAL
Civil Litigation Dicta - General
RCP 1 Citation, Application and Interpretation
|||Rules of law and equity [Courts of Justice Act, s.96 (Ont)]
|||Where procedures not provided [Courts of Justice Act, s.146 (Ont)]
THIRD PARTY LINKS
CANLII - Civil Procedure and Practice in Ontario
ADJOURNMENTS
Civil Litigation Dicta - Adjournments (+)
[see related topic: Administrative - Adjournments]
AFFIDAVITS
Civil Litigation Dicta - Affidavits
Civil Litigation Dicta - Affidavits - Cross-Examination
RCP 4.06 - Affidavits
RCP 39 - Evidence on Motions and Application
[see related topic: Evidence - Affidavit]
APPLICATIONS
Civil Litigation Dicta - Applications (+)
Civil Litigation Dicta - Applications - Pleadings
Civil Litigation Dicta - Applications - Striking
RCP 38 Applications — Jurisdiction and Procedure
ASSOCIATIONS
RCP 12.08 - Proceeding by Unincorporated Association or Trade Union (non-CPA 1992 class representation)
[see this full topic at: Associations]
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)]
CLASS PROCEEDINGS
Class Proceeding Act, 1992 (CPA)
RCP 12.01-12.06 - Class Proceedings
[see this full topic at: Class Actions]
Non-CPA
Civil Litigation Dicta - Class Proceeding - 'Proceeding by Unincorporated Association or Trade Union' [R12.08]
RCP 10.01 - Representation Order
RCP 12.08 - Proceeding by Unincorporated Association or Trade Union
RCP 12.07 - Proceeding against Representative Defendant
CONFERENCES
Civil Litigation Dicta - Pre-trial Conferences
Civil Litigation Dicta - Case 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
RCP 6 - Consolidation or Hearing Together
RCP 6.1 - Separate Hearing
|||Consolidation of proceedings in different courts [Courts of Justice Act, s.107 (Ont)]
|||Multiplicity of proceedings [Courts of Justice Act, s.138 (Ont)]
|||Two proceedings in respect of same damage [Courts of Justice Act, s.139(2) (Ont)]
CONSTITUTIONAL/CHARTER
|||Notice of constitutional question [Courts of Justice Act, s.109 (Ont)] [#COURTS]
[see this full topic at: Constitution (Non-Charter)]
[see this full topic at: Charter of Rights and Freedoms]
COSTS
General
Civil Litigation Dicta - Costs - General
Civil Litigation Dicta - Costs - History
Civil Litigation Dicta - Costs - Discretion [CJA s.130]
Purpose
Civil Litigation Dicta - Costs - Deterrent
Civil Litigation Dicta - Costs - Access to Justice
Civil Litigation Dicta - Costs - Effect of Allegation of Fraud
Practice
Civil Litigation Dicta - Costs - Must be Requested
Civil Litigation Dicta - Costs - When Due
Civil Litigation Dicta - Costs - Where Order Premature
Civil Litigation Dicta - Costs - Dismissal of Action for Non-Payment
Types of Cost Awards
Civil Litigation Dicta - Costs - Partial/Substantial/Full Indemnity (+)
Civil Litigation Dicta - Costs - Joint and Several
Civil Litigation Dicta - Costs - 'Distributive'
Civil Litigation Dicta - Costs - Interim
Civil Litigation Dicta - Costs - Disbursements
By Nature of Parties
Civil Litigation Dicta - Costs - Self-Represented Parties
Civil Litigation Dicta - Costs - Insurers
By Nature of Counsel
Civil Litigation Dicta - Costs - Against a Lawyer Personally
Civil Litigation Dicta - Costs - Pro Bono
Civil Litigation Dicta - Costs - Legal Clinic
Civil Litigation Dicta - Costs - Salaried Counsel
By Non-Parties
Civil Litigation Dicta - Costs - Non-Parties (+)
Civil Litigation Dicta - Costs - Intervenors
By Nature of Litigation
Civil Litigation Dicta - Costs - Public Interest Litigation (+)
Torts - SLAPP - Costs [LINKED from /torts]
Civil Litigation Dicta - Costs - Novelty of Cause of Action
Civil Litigation Dicta - Costs - Estates
Civil Litigation Dicta - Costs - Mortgage Litigation
Civil Litigation Dicta - Costs - Insurance
Where Party Agreement as to Amount
Civil Litigation Dicta - Costs - Contractually-Determined
Civil Litigation Dicta - Costs - Agreement by Parties
Factors Influencing
Civil Litigation Dicta - Costs - Impecuniosity
Civil Litigation Dicta - Costs - Adjudged by What Loser Wanted
Civil Litigation Dicta - Costs - By Precedent
Civil Litigation Dicta - Costs - Where Repair
Civil Litigation Dicta - Costs - Where Fundraising
Civil Litigation Dicta - Costs - Costs 'Success'
Appeals
Civil Litigation Case Dicta - Costs - Appeals
RCP 57 - Costs of Proceedings
|||Costs [Courts of Justice Act, s.131 (Ont)] [#COURTS]
DECLARATIONS
|||Declaratory orders [Courts of Justice Act, s.97 (Ont)]
[see this full topic at: Declarations]
['declarations' are also a statutory remedy for judicial reviews: JRPA s.2(1)1]
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
Civil Litigation Dicta - Default Judgment - Practice
RCP 19 - Default Proceeding
DISABILITY
Civil Litigation Dicta - Persons Under Disability
Civil Litigation Dicta - Persons Under Disability - Settlement
RCP 7 - Person Under Disability
[Note: The term 'disability' (as used in RCP Rule 7 and the above cases) has a narrow, specific civil litigation meaning relating to mental incapacity, minors, and absentees. However, there is also the more widely understood generic term located here: Disability. Lastly, the term 'disability is also a key theme in human rights and Charter law (which see from the sidebar topics of those names).]
DISCONTINUANCE AND WITHDRAWAL
Civil Litigation Dicta - Discontinuance
RCP 23 Discontinuance and Withdrawal
DISCOVERY and EXAMINATIONS OUT-OF-COURT
Civil Litigation Dicta - Discovery - General
Civil Litigation Dicta - Discovery - Documentary (+)
Civil Litigation Dicta - Discovery - Documentary - Third Parties
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
RCP 34 Procedure on Oral Examinations
RCP 35 Procedure on Examination for Discovery by Written Questions
RCP 36 Taking Evidence Before Trial
|||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]
DISMISSAL, SUMMARY
! Civil Litigation Dicta - Dismissal (or Stay) of Action (by Defendant) - General [R21.01(3)]
Civil Litigation Dicta - Dismissal (or Stay) of Action (by Defendant) - Jurisdiction [R21.01(3)(a)]
Civil Litigation Dicta - Dismissal (or Stay) of Action (by Defendant) - Capacity [R21.01(3)(b)]
Civil Litigation Dicta - Dismissal (or Stay) of Action (by Defendant) - Another Proceeding Pending [R21.01(3)(c)]
Civil Litigation Dicta - Dismissal (or Stay) of Action (by Defendant) - Frivolous, Vexatious or Abuse of Process [R21.01(3)(d)]
Civil Litigation Dicta - Prompt Motion [R21.02]
! Civil Litigation Dicta - Factums [R21.03]
RCP 21 - Determination of an Issue Before Trial
[Note: The term 'summary dismissal' is not generally recognized in civil litigation law, but I think it is appropriate for R21.01(3), which are otherwise misleadingly referred to a 'striking pleadings'. For the balance of R21.01(1-2), which I think more accurately covers 'striking pleadings' - see 'Pleadings'.]
DISMISSAL FOR DELAY
Civil Litigation Dicta - Dismissal for Delay - Generally (+)
Civil Litigation Dicta - Dismissal for Delay - Setting Aside
RCP 48.14 - Dismissal of Action for Delay
DOCUMENTS
Civil Litigation Dicta - Documents
Civil Litigation Dicta - Document Briefs
RCP 4 - Court Documents
[Note: R25.11, which addresses both the striking of pleadings and of documents by the court, is located at 'Pleadings - Striking Pleadings and Documents'.]
ENFORCEMENT
RCP 60 Enforcement of Orders
|||Enforcement [Courts of Justice Act, s.143 (Ont)]
[The civil litigation subject of 'enforcement' (above) addresses Ontario court procedures for the larger topic of 'execution'. See that full topic at: Execution].
ESTATES
RCP 9 Estates and Trusts
RCP 74 Estates — Non-Contentious Proceedings
RCP 75 Estates — Contentious Proceedings
RCP 75.1 Mandatory Mediation — Estates, Trusts and Substitute Decisions
RCP 75.2 Court-Ordered Estates Mediation
[The civil litigation subject of estates (above) addresses Ontario court procedures for the larger topic of 'estates'. See that full topic at: Estates].
EVIDENCE
[The civil litigation subject of evidence - addressed here in part by provisions of the RCP and the CJA - addresses some Ontario court procedures within the larger topic of 'evidence'. See that full topic (which addresses evidence law in it's broader, including criminal, aspects) at: Evidence.]
Admissions [R51]
Civil Litigation Dicta - Admissions
RCP 51 - Admissions
Evidence at Trial [R53]
Civil Litigation Dicta - Evidence at Trial [R53]
RCP 53 - Evidence at Trial
Medical Examinations
|||Physical or mental examination [Courts of Justice Act, s.105 (Ont)]
RCP 33 Medical Examination of Parties
Expert Evidence
RCP 4.1 - Duty of Expert
RCP 50.03.1 Certificate of Readiness to be Filed
Property Inspections
RCP 32 Inspection of Property
FEDERAL-PROVINCIAL COMPETING JURISDICTIONS
Civil Litigation Dicta - Federal-Provincial Competing Jurisdictions
|||Jurisdiction of Federal Court [Courts of Justice Act, s.148 (Ont)]
FEE WAIVERS
Civil Litigation Dicta - Fee Waivers
FOREIGN JUDGMENTS
RCP 73 - Reciprocal Enforcement of United Kingdom Judgments
[see this full topic, which addresses the enforcement in Ontario of foreign judgments, at: Foreign Judgments (Enforcement)]
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
|||Liability of judges and other officers [Courts of Justice Act, s.82 (Ont)]
|||Protection for acting under court order [Courts of Justice Act, s.142 (Ont)]
[these civil litigation-related immunity provisions of the CJA act to protect those involved with the justice system, for the full topic see: Immunity]
INJUNCTIONS AND STAYS
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]
[these above injunction and stay provisions from the RCP and CJA relate to civil litigation procedures, for the full topic see: Injunctions and Stays]
INTEREST
|||Prejudgment and postjudgment interest rates [Courts of Justice Act, s.127 (Ont)]
|||Prejudgment interest [Courts of Justice Act, s.128 (Ont)]
|||Postjudgment interest [Courts of Justice Act, s.129 (Ont)]
|||Discretion of court [Courts of Justice Act, s.130 (Ont)]
[these above interest provisions from the RCP and CJA relate to civil litigation procedures, for the full topic see: Interest]
INTERVENTION
RCP 13 - Intervention
[these above intervention provisions from the RCP and CJA relate to civil litigation procedures, for the full topic see: Intervention]
JOINDER
Civil Litigation Dicta - Joinder - Parties
Civil Litigation Dicta - Misjoinder
Civil Litigation Dicta - Misnomer ('Litigation Finger')
Civil Litigation Dicta - Unknown Parties
RCP 5 Joinder of Claims and Parties
Limitations Act 2002, s.21
JURIES
RCP 47 - Jury Notice
RCP 52 - Trial Procedure [esp. 52.05, 52.07-52.10]
|||Jury trials [Courts of Justice Act, s.108 (Ont)]
[these above civil jury provisions from the RCP and CJA relate to civil litigation procedures, for the full topic see: Juries (Civil)]
JURISDICTION
||| Where procedures not provided [Courts of Justice Act, s.146 (Ont)]
[see this full topic at: Jurisdiction]
LABOUR
RCP 12.08 - Proceeding by Unincorporated Association or Trade Union
[see the fuller topic at: Labour]
LAWYERS
RCP 15 - Representation by Lawyer
[see the fuller topic at: Representation]
LITIGATION AUTONOMY
Civil Litigation Dicta - Litigation Autonomy
MEDIATION
RCP 24.1 Mandatory Mediation
MOTIONS
Civil Litigation Dicta - Motions
Civil Litigation Dicta - Ex Parte Motions
Civil Litigation Dicta - Motions - Evidence
Civil Litigation Dicta - Motions - Set Asides
Civil Litigation Dicta - Motions - Pre-Proceeding
Civil Litigation Dicta - Motions - Pleadings
RCP 37 - Motions - Jurisdiction and Procedure
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