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Civil Litigation - Table of Contents (B)>>>>> Return to Civil Litigation - Table of Contents (A).
NON-COMPLIANCE
Civil Litigation Dicta - Non-Compliance
Civil Litigation Dicta - Irregularities
RCP 2 - Non-Compliance with the Rules
NON-PARTICIPATION
Civil Litigation Dicta - 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 Dicta - Orders - General
Civil Litigation Dicta - Orders - SAMPLES of Formal Orders
Civil Litigation Dicta - Orders - Interpretation
RCP 59 - Orders
Nature of Orders
Civil Litigation Dicta - Orders versus Judgments
Civil Litigation Dicta - Orders - In Rem v In Personam
Civil Litigation Dicta - Orders - Geographical Range
Variations on Orders
Civil Litigation Dicta - Directions
Civil Litigation Dicta - Endorsements
Civil Litigation Dicta - Orders by Registrar
Exotic Orders
Civil Litigation Dicta - Bullock and Sanderson Orders
Civil Litigation Dicta - Pierringer Orders
Civil Litigation Dicta - Orders - Security for Trial
Setting Aside or Varying Orders
Civil Litigation Dicta - Orders - R59.06 Set-Aside Motions
Civil Litigation Dicta - Orders - Varying
Formalizing Orders
Civil Litigation Dicta - Settling Orders
Final versus Interlocutory Orders
Civil Litigation Dicta - 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 Dicta - Consent Orders
Non-Compliance with Orders
Civil Litigation Dicta - 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 Dicta - 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 Dicta - Payment into and out of Court
RCP 72 - Payment Into and Out of Court
PLEADINGS
General
Civil Litigation Dicta - Pleadings - General
Civil Litigation Dicta - Pleadings - Material Facts [R25.06(1)]
Types of Pleadings
Claims
Civil Litigation Dicta - Pleadings - Claims
Civil Litigation Dicta - Pleadings - Cause of Action
Defences
Civil Litigation Dicta - Pleadings - Defence [R25.07]
Counterclaims
Civil Litigation Dicta - Pleadings - Counterclaims
RCP 27 - Counterclaim
Cross-Claims
Civil Litigation Dicta - Pleadings - Cross-Claims
RCP 28 - Crossclaim
Third Party Claims
Civil Litigation Dicta - 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 Dicta - Pleadings, Narrowing (by any Party) - General [R21.01(1)]
Civil Litigation Dicta - Pleadings, Narrowing (by any Party) - Determination of Law [R21.01(1)(a)]
Civil Litigation Dicta - Pleadings, Narrowing (by any Party) - Striking Pleadings [R21.01(1)(b)] - General
Civil Litigation Dicta - Pleadings, Narrowing (by any Party) - Striking Pleadings [R21.01(1)(b)] - Novelty
Civil Litigation Dicta - Pleadings, Narrowing (by any Party) - Striking Pleadings [R21.01(1)(b)] - Class Actions
Civil Litigation Dicta - Pleadings, Narrowing (by any Party) - Striking Pleadings [R21.01(1)(b)] - No Reasonable Cause of Action or Defence
Civil Litigation Dicta - Pleadings, Narrowing (by any Party) - Striking Pleadings [R21.01(1)(b)] - Leave to Amend Pleadings After Striking
Civil Litigation Dicta - Pleadings, Narrowing (by any Party) - Striking Pleadings [R21.01(2)] - Evidence
Civil Litigation Dicta - Prompt Motion [R21.02]
Civil Litigation Dicta - Factums [R21.03]
Striking Pleadings and Documents [R25.11]
Civil Litigation Dicta - Pleadings or Documents, Narrowing (by the Court) [R25.11]
Civil Litigation Dicta - Pleadings or Documents, Narrowing (by the Court) - R25.11 versus R21
Amending Pleadings
Civil Litigation Dicta - Amending Pleadings - General (+)
Civil Litigation Dicta - Amending Pleadings - Limitations (+)
RCP 26 - Amendment of Pleadings
Other Pleading Issues
Civil Litigation Dicta - Pleadings - Closing [R25.05]
Civil Litigation Dicta - Pleadings - Particularity Required (Where Fraud, Misrepresentation, Breach of trust, Malice or Intent) [R25.06(8)] and Generally
! Demand for Particulars [R25.10]
Civil Litigation Dicta - Pleadings - Pleading in the Alternative [R25.06(4-5)]
Civil Litigation Dicta - Pleadings - Pleading in the Alternative [R25.06(4-5)]
Civil Litigation Dicta - Pleadings - Where Settlement Privilege Involved
Civil Litigation Dicta - Pleadings - Admissions
Civil Litigation Dicta - Pleadings - Law [R25.06(2)]
Civil Litigation Dicta - Pleadings - Documents [R25.06(7)]
Civil Litigation Dicta - Pleadings and Applications
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 Dicta - Proportionality - Generally
RECEIVERS
Civil Litigation Dicta - Receivers
|||Injunctions and receivers [Courts of Justice Act, s.101 (Ont)]
['Receiverships' can arise in Estates and Insolvency law].]
+++++ finish tidy /estate and /insolvency before proceeding ...
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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 FORFEITURE
Relief From Forfeiture [LINKED from /relief-from-forfeiture]
|||Relief against penalties [Courts of Justice Act, s.98 (Ont)] [#COURTS]
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RE-OPENING
Re-opening [LINKED from /review]
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
Civil Litigation Dicta - Settlement - Contingency Fees
Civil Litigation Dicta - Settlement - 'Finality'
RCP 49 - Offer to Settle
SIMPLIFIED PROCEDURE
Civil Litigation Dicta - Simplified Procedure - General
Civil Litigation Dicta - Simplified Procedure - Discovery
Civil Litigation Dicta - Simplified Procedure - Contrasted with Summary Judgment
RCP 76 Simplified Procedure
SPECIAL CASE
RCP 22 - Special Case
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STAYS
Civil Litigation Dicta - Injunctions and Stays [#INJUNCTIONSANDSTAYS]
|||Stay of proceedings [Courts of Justice Act, s.106 (Ont)] [#COURTS]
[Note: R21.01(3), which addresses both stays and summary dismissals by a defendant, is located at /Dismissals, Summary]
SUMMARY JUDGMENT
General
Civil Litigation Dicta - Summary Judgment - General
Civil Litigation Dicta - Summary Judgment - No Genuine Issue for Trial [R20.04(1,3-4)]
Civil Litigation Dicta - Summary Judgment - Hryniak
Practice
Civil Litigation Dicta - Summary Judgment - Timing of Motion [R20.01]
Evidence
Civil Litigation Dicta - Summary Judgment - Evidence - General
Civil Litigation Dicta - Summary Judgment - Evidence - Best Foot Forward
Civil Litigation Dicta - Summary Judgment - Evidence - Ancillary Powers [R20.04(2.1)]
Civil Litigation Dicta - Summary Judgment - Evidence - Oral (Mini-trial) [R20.04(2.2]]
Civil Litigation Dicta - Summary Judgment - Evidence - Expert
Partial Summary Judgment
Civil Litigation Dicta - Summary Judgment - Partial [R20.07-20.08] (+)
Contrasted with Similar Procedures
Civil Litigation Dicta - Summary Judgment versus R21
Civil Litigation Dicta - Summary Judgment versus Simplified Procedure
Civil Litigation Dicta - Summary Judgment versus Applications
Civil Litigation Dicta - Summary Judgment versus Family Law
Civil Litigation Dicta - Summary Judgment versus Other Procedures
Other Summary Judgment Issues
! Civil Litigation Dicta - Summary Judgments - Factums [R20.03]
! Civil Litigation Dicta - Summary Judgments - Where Trial Necessary [R20.05]
! Civil Litigation Dicta - Summary Judgments - Costs [R20.06]
Civil Litigation Dicta - Summary Judgment - Against Moving Party ('Boomerang')
Civil Litigation Dicta - Summary Judgment - Issue Estoppel
Civil Litigation Dicta - Summary Judgment - Limitations
Civil Litigation Dicta - Summary Judgment - Where Jury Notice
Civil Litigation Dicta - Summary Judgment - Defendant Claims [R20.08-20.09]
Appeals
Civil Litigation Dicta - Summary Judgment - Appeals
Civil Litigation Dicta - Summary Judgment - Standard of Review (SOR)
RCP 20 - Summary Judgment
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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 - Holidays
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]
TRANSMISSION OF INTEREST
Civil Litigation Dicta - Transfer or Transmission of Interest
RCP 11 Transfer or Transmission of Interest
TRIAL
Review - Grounds [this link is useful for identifying recognized trial/hearing errors]
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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