Civil Procedure (Law 225) is designed to teach students how to work with the statutory rules and regulations that govern civil litigation in Ontario Superior Court of Justice and the Court of Appeal for Ontario. This is an intensely practical course. Aside from various rules, we will consider common law and equitable doctrines that become relevant in the context of procedural law. By the end of the course, it is expected that students will be able to have sufficient knowledge to structure litigation including interlocutory procedures, advise clients on process and risk, understand the financial consequences of litigation for winners and losers alike, and have the ability to draft some fundamentally important documents.
(1) Required Materials
Please note that there is no casebook to purchase. The assigned readings are available to you online (through CanLII, Westlaw, or Quicklaw). You should download the following:
The Courts of Justice Act
The Ontario Rules of Civil Procedure The Limitations Act 2002
Consolidated Provincial Practice Direction for the Ontario Superior Court of Justice
Law Society of Upper Canada, Rules of Professional Conduct
We will refer to these materials often and you will need to have a copy for reference on the exam. If you wish, there are commercially published collections of statutory materials available through LexisNexis and Carswell that you can purchase.
(2) Recommended Materials
I recommend that you purchase a textbook for reference – Morden & Perrell, The Law of Civil Procedure in Ontario, 2nd Ed. (LexisNexis, 2014). It is a very nice text and is available in a student editions in the university bookstore.
If your budget permits, you may also wish to purchase a copy of Justices Fuerst and Sanderson, Ontario Courtroom Procedure, 3rd ed. (Butterworths, 2012). This books covers a lot of the customary practices in court. It’s not necessary for this course but those headed for general practice or a litigation practice will find it helpful now and in the future. Unfortunately it’s an expensive book (around $150).
There are also various reference works available in the library, including Abrams & McGuiness, Civil Procedure
Law 3rd edition (LexisNexis, 2017) and Holmested and Watson: Ontario Civil Procedure (a multi-volume extensively annotated set of the Rules).
Your grade will be composed of:
Final examination: 70%
Three in-class tests: 30% (there will be 4 tests given; the best 3 of 4 will count.)
This course will next be offered in the Fall Term, 2018.