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Civil Litigation - Subjects Table of Contents (A)
GENERAL
Civil Litigation Cases - 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)]
PRACTICE
Civil Litigation Cases - Practice
THIRD PARTY LINKS
CANLII - Civil Procedure and Practice in Ontario
ADJOURNMENTS
Civil Litigation Cases - Adjournments (+)
[see related topic: Administrative - Adjournments]
APPLICATIONS
The 'applications' considered here are R38 applications, which are non-JR applications. 'Applications for Judicial Review' (JRs) are addressed in the general JR topic [which see].
I suspect some irregularity in the cases with the use of the term 'pleadings' wrt applications (as opposed to 'actions', where it is broadly accepted). Rule 14.09 ['Originating Process - Striking out or Amending'] reads: "An originating process that is not a pleading may be struck out or amended in the same manner as a pleading" - so the textual content of an application is not 'pleadings'. See on a related issue: Hull & Hull - 'Amending Applications and the “Close of Pleadings”' where the author cites an Ontario CA case that the 'pleadings' in an application are the affidavit material.
There are particular rules respecting the use of evidence in applications (which rules are the same for motions), see 'Evidence, for Use in Motions and Applications' (below).
Application of R38 ['Applications - Jurisdiction and Procedure]
RCP - R38.01 Application of R38
Notice of Application
Civil Litigation Cases - Applications (+)
Content of Notice of Application
RCP - R38.02 Applications — To Whom to be Made
RCP - R38.03 Place and Date of Hearing
RCP - R38.04 Content of Notice
Issuing, Service and Filing of Application
RCP - R38.05 Issuing of Notice (Prior Issuance)
RCP - R38.06 Service of Notice
Notice of Appearance
RCP - R38.07 Notice of Appearance
Perfection
RCP - R38.09 Material for Use on Application (Perfection of Non-JRPA s.6(1) Applications)
Confirmation of Application
RCP - R38.09.1 Confirmation of Application
Abandoned Applications
RCP - R38.08 Abandoned Applications
Conversion to Action
Civil Litigation Cases - Applications - Conversion to Action
RCP - R38.10 Disposition of Application
Orders and Judgments
Civil Litigation Cases - Applications - Partial
RCP - R38.10 Disposition of Application
RCP - R38.11 Setting aside Judgment on Application Made without Notice
Striking Documents [under R25.11]
RCP - R38.12 Striking out a Document
Vexatious Proceeding Leave
RCP - R38.13 Applications under s. 140 (3), Courts of Justice Act (Vexatious proceedings)
CERTIFICATE OF PENDING LITIGATION
Civil Litigation Cases - Certificate of Pending Litigation (+)
RCP 42 - Certificate of Pending Litigation
|||Certificate of pending litigation [Courts of Justice Act, s.103 (Ont)]
CLASS PROCEEDINGS
RCP 12.01-12.06 - Class Proceedings
[this Class Proceeding Act, 1992 (CPA) topic is addressed more fully at: Class Proceeding]
CONFERENCES
Civil Litigation Cases - Pre-trial Conferences
Civil Litigation Cases - Case Conferences
RCP 50 - Conferences
CONSOLIDATION OR HEARING TOGETHER OR SEPARATE
Civil Litigation Cases - Consolidation
Civil Litigation Cases - Separate Hearings
Civil Litigation Cases - 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 Cases - Costs - General
Civil Litigation Cases - Costs - History
Civil Litigation Cases - Costs - Discretion [CJA s.130]
Civil Litigation Cases - Costs - Fairness
Purpose
Civil Litigation Cases - Costs - Deterrent
Civil Litigation Cases - Costs - Access to Justice
Civil Litigation Cases - Costs - Effect of Allegation of Fraud
Practice
Civil Litigation Cases - Costs - Must be Requested
Civil Litigation Cases - Costs - When Due
Civil Litigation Cases - Costs - Where Order Premature
Civil Litigation Cases - Costs - Dismissal of Action for Non-Payment
Civil Litigation Cases - Costs - Right to Make Costs Submissions
Civil Litigation Cases - Costs - 'Other Relief'
Civil Litigation Cases - Costs - Non-Compliance
Civil Litigation Cases - Costs - Delivery of Bill of Costs
Types of Cost Awards
Civil Litigation Cases - Costs - Partial/Substantial/Full Indemnity (+)
Civil Litigation Cases - Costs - Joint and Several
Civil Litigation Cases - Costs - 'Distributive'
Civil Litigation Cases - Costs - Interim
Civil Litigation Cases - Costs - Disbursements
By Nature of Parties
Civil Litigation Cases - Costs - Self-Represented Parties
Civil Litigation Cases - Costs - Insurers
By Nature of Counsel
Civil Litigation Cases - Costs - Against a Lawyer Personally
Civil Litigation Cases - Costs - Pro Bono
Civil Litigation Cases - Costs - Legal Clinic
Civil Litigation Cases - Costs - Salaried Counsel
By Non-Parties
Civil Litigation Cases - Costs - Non-Parties (+)
Civil Litigation Cases - Costs - Intervenors
By Nature of Litigation
Civil Litigation Cases - Costs - Public Interest Litigation (+)
Torts - SLAPP - Costs [LINKED from /torts]
Civil Litigation Cases - Costs - Novelty of Cause of Action
Civil Litigation Cases - Costs - Mortgage Litigation
Civil Litigation Cases - Costs - Insurance
Civil Litigation Cases - Costs - Interrelated Cases
Where Party Agreement as to Amount
Civil Litigation Cases - Costs - Contractually-Determined
Civil Litigation Cases - Costs - Agreement by Parties
Factors Influencing
Civil Litigation Cases - Costs - Impecuniosity
Civil Litigation Cases - Costs - Adjudged by What Loser Wanted
Civil Litigation Cases - Costs - By Precedent
Civil Litigation Cases - Costs - Where Repair
Civil Litigation Cases - Costs - Where Fundraising
Civil Litigation Cases - Costs - Costs 'Success'
Civil Litigation Cases - Costs - Party Behaviour
Civil Litigation Cases - Costs - Proportionality
Civil Litigation Cases - Costs - Case Conferences
Security for Costs
Civil Litigation Cases - Security for Costs (+)
RCP 56 - Security for Costs
CJA - s.115 Security (Ont) [#Courts]
PAPA (Ont) - s.10,12 Security for Costs Where Action re Public Duty; Sheriffs [#Crown Liability]
Appeals
Civil Litigation Case Cases - 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 Cases - Deemed (Implied) Undertaking (+)
RCP 30.1 - Deemed Undertaking
DEFAULT JUDGMENT
Civil Litigation Cases - Default Judgment - Consequences
Civil Litigation Cases - Default Judgment - Setting Aside (+)
Civil Litigation Cases - Default Judgment - Amendment
Civil Litigation Cases - Default Judgment - Practice
RCP 19 - Default Proceeding
DISABILITY
Civil Litigation Cases - Persons Under Disability
Civil Litigation Cases - 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 Cases - Discontinuance
RCP 23 Discontinuance and Withdrawal
DISCOVERY and EXAMINATIONS OUT-OF-COURT
Civil Litigation Cases - Discovery - General
Civil Litigation Cases - Discovery - Documentary (+)
Civil Litigation Cases - Discovery - Documentary - Third Parties
Civil Litigation Cases - Discovery - Non-Compliance
Civil Litigation Cases - 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
Evidence Act (Ont), s.15 Examinations for Discovery, Use of Corporate [#EVIDENCE]
Evidence Act (Ont), s.48(1-2) Examinations etc, Certified Copies of Admissible [#EVIDENCE]
DISMISSAL, SUMMARY
Civil Litigation Cases - Dismissal (or Stay) of Action (by Defendant) - General [R21.01(3)]
Civil Litigation Cases - Dismissal (or Stay) of Action (by Defendant) - Jurisdiction [R21.01(3)(a)]
Civil Litigation Cases - Dismissal (or Stay) of Action (by Defendant) - Capacity [R21.01(3)(b)]
Civil Litigation Cases - Dismissal (or Stay) of Action (by Defendant) - Another Proceeding Pending [R21.01(3)(c)]
Civil Litigation Cases - Dismissal (or Stay) of Action (by Defendant) - Frivolous, Vexatious or Abuse of Process [R21.01(3)(d)]
Civil Litigation Cases - Prompt Motion [R21.02]
! Civil Litigation Cases - 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 Cases - Dismissal for Delay - Generally (+)
Civil Litigation Cases - Dismissal for Delay - Setting Aside
RCP 48.14 - Dismissal of Action for Delay
DOCUMENTS
Civil Litigation Cases - Documents
Civil Litigation Cases - 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 10.01 - Representation Order [*** there may be a pure real property aspect to R10]
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
This sub-topic addresses some Ontario civil court procedures relating to 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 Cases - Admissions
RCP 51 - Admissions
Affidavits
Civil Litigation Cases - Affidavits
Civil Litigation Cases - Affidavits - Cross-Examination
RCP 4.06 - Affidavits
RCP 39 - Evidence on Motions and Application
[see related topic: Evidence - Affidavit]
Evidence at Trial [R53]
Civil Litigation Cases - 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
EVIDENCE, FOR USE IN MOTIONS AND APPLICATIONS
This sub-topic relates to how evidence may be admitted for use in motions and applications (the latter of which are the main civil proceeding other than actions).
General
RCP - R39.01(1) Evidence by Affidavit - General
RCP - R39.01(2-3) Evidence by Affidavit - Service and Filing
RCP - R39.01(4) Contents — Motions
RCP - R39.01(5) Contents — Applications
Cross-Examination on Opposing Affidavit on Motions or Applications
RCP - R39.02(1-2) Evidence by Cross-Examination on Affidavit
RCP - R39.02(3) To be Exercised with Reasonable Diligence
RCP - R39.02(4) Additional Provisions Applicable to Motions
Ex Parte Motions or Applications
RCP - R39.01(6) Full and Fair Disclosure on Motion or Application Without Notice
Expert Witness Evidence on Motions or Applications
RCP - R39.01(7) Expert Witness Report as per R53.03(2.1)
Out-of-Court Examination for Use in Motions and Applications
Civil Litigation - Evidence - Motions and Applications - Out-of-Court Examinations [R39.03]
RCP - R39.03(1-2.1) Examination Before Motion or Application Hearing
RCP - R39.03(3) To be Exercised with Reasonable Diligence
In-Court Examination for Use in Motions and Applications
RCP - R39.03(4-5) Examination At the Motion or Application Hearing; Summons
Use of Discovery in Motions
RCP - R39.04(1-2) Evidence by Examination for Discovery
FEDERAL-PROVINCIAL COMPETING JURISDICTIONS
Civil Litigation Cases - Federal-Provincial Competing Jurisdictions
|||Jurisdiction of Federal Court [Courts of Justice Act, s.148 (Ont)]
FEE WAIVERS
Civil Litigation Cases - 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 Cases - 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]
INTIMATE PARTNER VIOLENCE
Civil Litigation Cases - Intimate Partner Violence
JOINDER
Civil Litigation Cases - Joinder - Parties
Civil Litigation Cases - Misjoinder
Civil Litigation Cases - Misnomer ('Litigation Finger')
Civil Litigation Cases - 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]
LAWYERS
RCP 15 - Representation by Lawyer
[see the fuller topic at: Representation]
LITIGATION AUTONOMY
Civil Litigation Cases - Litigation Autonomy
MEDIATION
RCP 24.1 Mandatory Mediation
MOTIONS
Notice of Motion
Civil Litigation Cases - Motions
RCP - R37.01 Notice of Motion
Jurisdiction of Motion
RCP - R37.02 Jurisdiction to Hear a Motion (Judge/Associate Judge/Registrar Jurisdiction)
RCP - R37.04 Motions — To Whom to be Made (Judge/Court)
Contents of Notice of Motion
Civil Litigation Cases - Motions - Pleadings
RCP - R37.03 Where Motions to be Brought (Venue)
RCP - R37.05 Hearing Date for Motions
RCP - R37.06 Content of Notice
Service and Filing of Motion
Civil Litigation Cases - Ex Parte Motions
RCP - R37.07 Service of Notice
RCP - R37.08 Filing of Notice of Motion
Pre-Proceeding Motions
Civil Litigation Cases - Motions - Pre-Proceeding
RCP - R37.17 Motion before Commencement of Proceeding
Complex Motions
Civil Litigation Cases - Motions - Complex
RCP - R37.15 Motions in a Complicated Proceeding or Series of Proceedings (Complex Motions)
Prohibiting Motions Without Leave
Civil Litigation Cases - Motions - Prohibiting Without Leave
RCP - R37.16 Prohibiting Motions without Leave (Frivolous Motions)
Abandonment of Motion
RCP - R37.09 Abandoned Motions
Perfection of Motion
RCP - R37.10 Material for Use on Motions
Confirmation of Motion
Civil Litigation Cases - Motions - Confirmation of Motion
RCP - R37.10.1 Confirmation of Motion
Motion Hearings
RCP - R37.11 Hearing in Absence of Public (Closed Motions)
RCP - R37.12.1 Hearing without Oral Argument (Written Motions)
Orders
RCP - R37.13 Disposition of Motion
Set Aside of Order
Civil Litigation Cases - Motions - Set Asides
RCP - R37.14 Setting Aside, Varying or Amending Orders
Evidence For Use in Motions
There are particular rules respecting the use of evidence in motions (which rules are the same for application), see 'Evidence, for Use in Motions and Applications' (above).
Civil Litigation Cases - Motions - Evidence
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