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Civil Litigation - Subjects Table of Contents (B)>>>>> Return to Civil Litigation - Table of Contents (A).
NON-COMPLIANCE
Civil Litigation Cases - Non-Compliance
Civil Litigation Cases - Irregularities
RCP 2 - Non-Compliance with the Rules
NON-PARTICIPATION
Civil Litigation Cases - Non-Participation
OPEN COURT
|||Public hearings [Courts of Justice Act, s.135 (Ont)]
|||Prohibition against photography, etc., at court hearing [Courts of Justice Act, s.136 (Ont)]
|||Documents public [Courts of Justice Act, s.137 (Ont)]
[This is a broad and relatively new topic that exists in civil litigation (above), and in numerous other fields of law, both statutory and common law forms. See the full topic at: Open Court]
ORDERS
General
Civil Litigation Cases - Orders - General
Civil Litigation Cases - Orders - SAMPLES of Formal Orders
Civil Litigation Cases - Orders - Interpretation
RCP 59 - Orders
Nature of Orders
Civil Litigation Cases - Orders versus Judgments
Civil Litigation Cases - Orders - In Rem v In Personam
Civil Litigation Cases - Orders - Geographical Range
Variations on Orders
Civil Litigation Cases - Directions
Civil Litigation Cases - Endorsements
Civil Litigation Cases - Orders by Registrar
Exotic Orders
Civil Litigation Cases - Bullock and Sanderson Orders
Civil Litigation Cases - Pierringer Orders
Civil Litigation Cases - Orders - Security for Trial
Setting Aside or Varying Orders
Civil Litigation Cases - Orders - R59.06 Set-Aside Motions
Civil Litigation Cases - Orders - Varying
Formalizing Orders
Civil Litigation Cases - Settling Orders
Final versus Interlocutory Orders
Civil Litigation Cases - Final versus Interlocutory (Non-Appeal Issues)
[Whether an order is 'final versus interlocutory' is primarily an appeal issue, as it is key for determining the appeal route and whether leave to appeal is required. See this more thorough treatment in the Appeals topic: Final versus Interlocutory Orders.]
Consent Orders
Civil Litigation Cases - Consent Orders
Non-Compliance with Orders
Civil Litigation Cases - Mandatory Compliance
Criminal - Orders, Disobeying
No Decision on Orders
|||Judge’s retirement, etc., inability or failure to give decision [Courts of Justice Act, s.123 (Ont)]
ORIGINATING PROCESS
Civil Litigation Cases - Originating Process
RCP 14 - Originating Process
PARTNERSHIPS
RCP 8 - Partnerships and Sole Proprietorships
[The civil litigation procedural aspects of the 'partnership' topic are addressed above. See the full topic at: Partnerships]
PAYMENTS INTO AND OUT OF COURT
Civil Litigation Cases - Payment into and out of Court
RCP 72 - Payment Into and Out of Court
PLEADINGS
General
Civil Litigation Cases - Pleadings - General
Civil Litigation Cases - Pleadings - Material Facts [R25.06(1)]
Types of Pleadings
Claims
Civil Litigation Cases - Pleadings - Claims
Civil Litigation Cases - Pleadings - Cause of Action
Defences
Civil Litigation Cases - Pleadings - Defence [R25.07]
Counterclaims
Civil Litigation Cases - Pleadings - Counterclaims
RCP 27 - Counterclaim
Cross-Claims
Civil Litigation Cases - Pleadings - Cross-Claims
RCP 28 - Crossclaim
Third Party Claims
Civil Litigation Cases - Pleadings - Third Party Claims
RCP 29 - Third Party Claim
Replies
! Replies [R25.08-09]
Narrowing (aka Striking) Pleadings [R21.01-21.03, but not R21.01(3)]
Civil Litigation Cases - Pleadings, Narrowing (by any Party) - General [R21.01(1)]
Civil Litigation Cases - Pleadings, Narrowing (by any Party) - Determination of Law [R21.01(1)(a)]
Civil Litigation Cases - Pleadings, Narrowing (by any Party) - Striking Pleadings [R21.01(1)(b)] - General
Civil Litigation Cases - Pleadings, Narrowing (by any Party) - Striking Pleadings [R21.01(1)(b)] - Novelty
Civil Litigation Cases - Pleadings, Narrowing (by any Party) - Striking Pleadings [R21.01(1)(b)] - Class Actions
Civil Litigation Cases - Pleadings, Narrowing (by any Party) - Striking Pleadings [R21.01(1)(b)] - No Reasonable Cause of Action or Defence
Civil Litigation Cases - Pleadings, Narrowing (by any Party) - Striking Pleadings [R21.01(1)(b)] - Leave to Amend Pleadings After Striking
Civil Litigation Cases - Pleadings, Narrowing (by any Party) - Striking Pleadings [R21.01(2)] - Evidence
Civil Litigation Cases - Prompt Motion [R21.02]
Civil Litigation Cases - Factums [R21.03]
Striking Pleadings and Documents [R25.11]
Civil Litigation Cases - Pleadings or Documents, Narrowing (by the Court) [R25.11]
Civil Litigation Cases - Pleadings or Documents, Narrowing (by the Court) - R25.11 versus R21
Amending Pleadings
Civil Litigation Cases - Amending Pleadings - General (+)
Civil Litigation Cases - Amending Pleadings - Limitations (+)
RCP 26 - Amendment of Pleadings
Other Pleading Issues
Civil Litigation Cases - Pleadings - Closing [R25.05]
Civil Litigation Cases - Pleadings - Particularity Required (Where Fraud, Misrepresentation, Breach of trust, Malice or Intent) [R25.06(8)] and Generally
! Demand for Particulars [R25.10]
Civil Litigation Cases - Pleadings - Pleading in the Alternative [R25.06(4-5)]
Civil Litigation Cases - Pleadings - Pleading in the Alternative [R25.06(4-5)]
Civil Litigation Cases - Pleadings - Where Settlement Privilege Involved
Civil Litigation Cases - Pleadings - Admissions
Civil Litigation Cases - Pleadings - Law [R25.06(2)]
Civil Litigation Cases - Pleadings - Documents [R25.06(7)]
Civil Litigation Cases - Pleadings and Applications
Civil Litigation Cases - Pleadings - Damages
Civil Litigation Cases - Pleadings - 'Other Relief'
RCP 21 - Determination of an Issue Before Trial
RCP 25 - Pleadings in an Action
|||Agreement preventing third party claim or crossclaim [Courts of Justice Act, s.113 (Ont)]
PROPERTY
RCP 44 - Interim Recovery of Personal Property
RCP 45 - Interim Preservation of Property
[These rules (R44-45) address civil litigation procedural aspects of property. See the fuller topic at: Property]
PROPORTIONALITY
Civil Litigation Cases - Proportionality - Generally
RECEIVERS
Civil Litigation Cases - Receivers
|||Injunctions and receivers [Courts of Justice Act, s.101 (Ont)]
['Receiverships' can arise in Estates and Insolvency law].]
REFERENCES
Civil Litigation Cases - References
|||References to Court of Appeal [Courts of Justice Act, s.8 (Ont)
RELIEF FROM FORFEITURE
|||Relief against penalties [Courts of Justice Act, s.98 (Ont)]
[see this full topic at: Relief From Forfeiture]
RE-OPENING
['Re-opening' is a common law doctrine that can apply to most proceedings (ie. trials, appeals and most hearings - both civil and criminal) until the court or tribunal is functus officio (see: /Courts/functus officio).
[see this fuller topic at: Re-opening]
RULES, CIVIL
|||Civil Rules Committee [Courts of Justice Act, s.65 (Ont)]
|||Civil Rules [Courts of Justice Act, s.66 (Ont)]
SERVICE
Civil Litigation Cases - Service
RCP 17 - Service Outside Ontario
RCP 18 Time for Delivery of Statement of Defence
SET-OFF
|||Set off [Courts of Justice Act, s.111 (Ont)]
[See this fuller topic at: Set-off]
SETTLEMENT
General
Civil Litigation Cases - Settlement - General
RCP 49 - Offer to Settle
Principles
Civil Litigation Cases - Settlement - Release
Civil Litigation Cases - Settlement - Claim-Over and Indemnity Terms
Civil Litigation Cases - Settlement - Contingency Fees
Civil Litigation Cases - Settlement - 'Finality'
Civil Litigation Cases - Settlement - Judicial Recusal
Setting Aside
Civil Litigation Cases - Settlement - Setting Aside a Settlement
Settlement Offers and Costs
Civil Litigation Cases - Settlement - Effect of Settlement Offer on Costs
Disclosure
Civil Litigation Cases - Settlement - Disclosure of a Settlement
[prompt disclosure of a partial settlement to other parties in multi-party litigation has received much attention recently: Abuse of Process - Handley Estate]
Enforcement
Civil Litigation Cases - Settlement - Enforcement
SIMPLIFIED PROCEDURE
Civil Litigation Cases - Simplified Procedure - General
Civil Litigation Cases - Simplified Procedure - Discovery
Civil Litigation Cases - Simplified Procedure - Contrasted with Summary Judgment
RCP 76 Simplified Procedure
SPECIAL CASE
RCP 22 - Special Case
STAYS
|||Stay of proceedings [Courts of Justice Act, s.106 (Ont)]
[Note: R21.01(3), which addresses both stays and summary dismissals by a defendant, is located at /Dismissals, Summary]
[These links are only some of the 'injunctions and stay' subject as it is deal with in the CJA and the RCP. For the full topic see: Injunctions and Stays]
SUMMARY JUDGMENT
General
Civil Litigation Cases - Summary Judgment - HRYNIAK - General
Civil Litigation Cases - Summary Judgment - General
RCP 20 - Summary Judgment
No Genuine Issue for Trial
Civil Litigation Cases - Summary Judgment - HRYNIAK - 'No Genuine Issue for Trial' [RCP R20.04(2)]
Civil Litigation Cases - Summary Judgment - No Genuine Issue for Trial [R20.04(2)]
Practice
Civil Litigation Cases - Summary Judgment - HRYNIAK - Practice
Civil Litigation Cases - Summary Judgment - Timing of Motion [R20.01]
Evidence
Civil Litigation Cases - Summary Judgment - Evidence - General
Civil Litigation Cases - Summary Judgment - Evidence - Best Foot Forward
Civil Litigation Cases - Summary Judgment - HRYNIAK - Ancillary Evidentiary Powers [RCP R20.04(2.1)]
Civil Litigation Cases - Summary Judgment - Evidence - Ancillary Powers [R20.04(2.1)]
Civil Litigation Cases - Summary Judgment - HRYNIAK - Mini-Trial [RCP R20.04(2.2)]
Civil Litigation Cases - Summary Judgment - Evidence - Oral (Mini-trial) [R20.04(2.2]]
Civil Litigation Cases - Summary Judgment - Evidence - Expert
Where Trial Required
Civil Litigation Cases - Summary Judgment - HRYNIAK - 'Where Trial Required' [RCP R20.05]
Partial Summary Judgment
Civil Litigation Cases - Summary Judgment - Partial [R20.07-20.08] (+)
Contrasted with Similar Procedures
Civil Litigation Cases - Summary Judgment versus R21
Civil Litigation Cases - Summary Judgment versus Simplified Procedure
Civil Litigation Cases - Summary Judgment versus Applications
Civil Litigation Cases - Summary Judgment versus Family Law
Civil Litigation Cases - Summary Judgment versus Other Procedures
Other Summary Judgment Issues
! Civil Litigation Cases - Summary Judgments - Factums [R20.03]
! Civil Litigation Cases - Summary Judgments - Costs [R20.06]
Civil Litigation Cases - Summary Judgment - Against Moving Party ('Boomerang')
Civil Litigation Cases - Summary Judgment - Issue Estoppel
Civil Litigation Cases - Summary Judgment - Limitations
Civil Litigation Cases - Summary Judgment - Where Jury Notice
Civil Litigation Cases - Summary Judgment - Defendant Claims [R20.08-20.09]
Appeals
Civil Litigation Cases - Summary Judgment - Appeals
Civil Litigation Cases - Summary Judgment - HRYNIAK - Standard of Review (SOR)
Civil Litigation Cases - Summary Judgment - Standard of Review (SOR)
TIME
Civil Litigation Cases - Time - 2020 Time Limits Suspension
Civil Litigation Cases - Time - Extending Time Generally
Civil Litigation Cases - Time - Extending Time for Setting Down for Trial
Civil Litigation Cases - Time - Holidays
Civil Litigation Cases - Time - Timetable [R3.04]
RCP 3 - Time
TRANSFERS FROM WRONG COURT
Civil Litigation Cases - Transfers from Wrong Court
|||Proceeding in wrong forum [Courts of Justice Act, s.110 (Ont)]
[Such transfers also occur between the appellate courts: see Appeals - Transfers.]
TRANSMISSION OF INTEREST
Civil Litigation Cases - Transfer or Transmission of Interest
RCP 11 Transfer or Transmission of Interest
TRIAL
General
Civil Litigation Cases - Trial (+)
Trial Listing
Civil Litigation Cases - Trial Listing (+)
RCP 48 - Listing for Trial
Trial Procedure
Civil Litigation Cases - Trial Procedure
RCP 52 - Trial Procedure
VENUE (within-Ontario)
Civil Litigation Cases - Venue (Within Ontario)
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)]
Note: 'Venue' law is tricky and only rarely addressed in the case law. It can occur on several levels:- within-Ontario (ie. which court region in Ontario will hear your case), which is this topic here;
- within Canada (ie. which province will hear your case), see Intra-Canada Matters, and
- international (ie. which country will hear your case), see Private International Law (PRIL)) (scroll down to 'Venue').
Central to most of this law is the Van Breda case, which is addressed at the PRIL link.
VESTING ORDERS
Civil Litigation Cases - Vesting Orders
|||Vesting orders [Courts of Justice Act, s.100 (Ont)]
['Vesting' has several meanings, but the one applicable here is that of an order that transfers property from one person or entity to another.]
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