Rules of Civil Procedure

Rules of Civil Procedure

May 9th

Cause of Action

• Cause of action is the reason for going to court.

• Examples:

  • Theft

  • Trespassing

Pleadings

• Pleadings are the paperwork version of the stories from the parties to each other and to the court system and the judge.

Finding Rules of Civil Procedure Online

• CanLII:

  • Generally easier to use.

  • Loads more nicely.

  • Nice on mobile.

• eLaws Ontario:

  • More official.

  • Important if the law is changing frequently.

  • Better for accessibility issues.

Sources of Law

• Jurisprudence/Case Law: Decisions made by judges.

• Statutes:

  • Written by legislators (politicians).

  • Often called primary legislation.

• Regulations:

  • Written laws that include more technical details.

  • Regulations, just like statutes, are written laws

  • Allow more technical details to be included in laws.

  • Example: Controlled Drugs and Substances Act

    • Statute: Outlines which drugs are illegal.

    • Regulations: Specifies details about the drugs, updated by government specialists.

Courts of Justice Act

• Contains 33 regulations, including the Rules of Civil Procedure.

• Statutes are primary legislation, regulations are secondary or subordinate legislation.

• Both are equally valid as law.

Accessing Rules Online

• Can search or use a direct link.

• Use consolidated statutes to find the Courts of Justice Act.

• Regulations underneath include Rules of Civil Procedure.

• Table of contents on the left helps navigate the rules.

• Use Command + F (Mac) or Control + F (PC) to search for specific words.

Importance of Rules

• Rules ensure fairness in the court system.

• Specific rule numbers are for research purposes, not memorization.

• It's important to look at the text of the law itself rather than just paraphrasing or simplifying it.

• Rules apply to all civil proceedings in the Court of Appeal and Superior Court of Justice, with exceptions for:

  • Small Claims Court (separate rules)

  • Family Law Proceedings (separate rules)

  • Statutes providing specific procedures

Numbering System

• There are 78 numbers, but fewer than 78 rules because some have been revoked (canceled).

• The system is organized this way so that lawyers and law clerks are used to the rules being in exactly the same place.

• If rules were removed and new ones added without maintaining the numbering system, it would be confusing.

• New rules are wedged in using decimal points.

Example

• Original: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10

• Rules 5 and 6 are removed in 02/2001

• Rules added: 1, 2, 2.1, 3, 4, 5, 5.1, 6, 7,…

• The rules now have decimal points in between the original rule numbers

Rationale

• The numbering system maintains the overall framework while incorporating new rules.

• A committee is working on revising the rules.

Form Numbers

• Form numbers are not random; they connect to specific rules for research.

• Example: Form 14A (Statement of Claim General) is related to Rule 14 (Originating Process).

• This provides a starting place for research.

Finding Connections

• Find Ontario court forms online.

• Form numbers connect to a specific rule, but the connection may not be exclusive.

• Example: Form 14A relates to Rule 14, but can also be found in Rule 25.01.

Key Terms

• Memorize the terms plaintiff and defendant.

Plaintiff and Defendant

• Defendant: Protecting himself from legal attack.

• Plaintiff: Attacking the defendant because they claim something happened to the plaintiff.

• Short forms: P and D.

• Greek letters: (\pi) (plaintiff) and (\Delta) (defendant).

• Plaintiff has something to complain about (injury).

• Defendant defends.

Representation

• Plaintiffs mostly have lawyers, but some might be doing it self represented.

• Defendants may or may not have lawyers.

• Large corporations will always have lawyers, where as an individual may not.

• The incident or injury generates the cause of action.

• Personal and Property: An injury to person is our body or health. Property is often think about money as the example.

• No harm, no foul; an actual injury is required for civil procedure to apply.

Timeline of Civil Law Litigation Procedures

• Plaintiff retains a lawyer.

• Pleadings: Statement of Claim, Statement of Defense, Reply.

• Discovery: Confirms facts of stories told in pleadings.

• Actions set down for trial: Procedures before going to the courtroom.

• Trial: Presentation of case in the courtroom.

• Judgment: Final decision by the judge.

• Enforcement: Action to receive the entitlement of money.

• Settlement: Settlement and negotiation are an option at any time within the overall process.

Purpose of Pleadings

• Pleadings tell stories to the court system.

• Rules specify format: Rule 25.11 (1) defines pleadings as Statement of Claim, Statement of Defense, and Reply.

• Form numbers are not expected to be memorized.

Plaintiff's Story

• The plaintiff claims they suffered a loss recognizable by law (injury to property/person).

• The plaintiff claims something happened (historical event).

• The plaintiff gets the ball rolling and decides to start to go to court.

• Paragraphs shall be divided into numbers. (Style expectation).

• Plaintiffs use form 14A statement of claim. The essential details is their story.

• Plaintiff tells their full story.

• If a defend makes their own story of events happen, then the Plaintiff gets to make a reply

• Tell their story about to about the legal system, not including the essential details.

• Defendant has turn to tell own story and can include information Plaintiff left out.

Course Timeline

• Weeks 2-4: Focus on setting the stage and putting together the big picture of stories.
  *

High School Analogy

• Distinguish between injuries that count according to law vs. those that don't.

• Example: Sailor Moon pencil case vs. defamation that impacts college/job prospects.

Solving Problems

• Problems range from trivial to significant.

• Legal disputes arise when someone has access to the legal system.

• If the government has a delay, then no one is going to court.

• Recognizing a cause of action is critical.

Class 2.2 Material starts

• Difference between action and application.

Cause of Action Review

• Incident occurs in real life, leading to an injury recognized by law.

• Parties find and hire lawyers.

• Lawyers gather details (may involve law clerks).

• Pleadings are drafted (stories told to the court).

• Content notes

  • The pleading should contain numbered paragraphs.

  • Paragraphs should be brief, containing statements of fact, not law.

  • Pleadings should have only relevant information.

Historical Legal Systems

Witch Trials

• Unenlightened, oppressive, sexist version of justice.

• Isolated communities blame misfortunes on individuals (often women).

• Trial by ordeal: Accused must undergo a life-threatening test to prove innocence.

Trial by Combat

• Disputes resolved through physical combat.

• Champions fight on behalf of parties.

• Faster resolution, but barbaric.

Modern Systems

• Violence happens between people.

• Civil litigation: Official method of solving problems.

• Civil vs. Criminal matters: Can overlap.

Court Structure

• One Supreme Court of Canada.

• One Court of Appeal in each province.

• Superior Court of Justice and Ontario Court of Justice in several locations.

Court of Ontario

• Notional court combining Superior Court of Justice and Ontario Court of Justice.

Superior Court of Justice

• Divisional Court

• Family Court

• Small Claims Court

Ontario Court of Justice

• Family

• Criminal

Differentiating between action and applications

Applications is rarely claimed in civil law, with the facts not being disputed.
Applications wants to change the existing legal relationship, but has to go to the court to do it.
Applications have to be supported by affadivid papers.
Applications, take different to respond to the action to the court and judge.

Vexitious litigers

Not a good idea to do.
Vexitious litigers cause trouble for people. It should only be those on the specific causes of actions.