COURSE DESCRIPTION
As you know, litigation is a formal process leading to the determination of one or more issues in dispute by a court. The rules which govern the procedures to be followed are sometimes particular to one statute or type of proceeding, but in most private law proceedings it is the general model of procedural law which governs.
The general model of procedural law arises from a combination of sources of law – statute, regulation, equity, and the common law. Our study of the rules of civil procedure will be in relation to Ontario’s main trial court, the Superior Court of Justice, and the rules which govern civil proceedings in that court. Please note that the model of procedural law is quite extensive, and we will not attempt anything like a comprehensive treatment. However, by the end of the course, you should know how to bring a simple matter to conclusion from the time the client steps in the door until the final appeal is determined.
In addition to substantive doctrine, we will also consider how to practice law in this area competently. There are four reasons for inquiring into such matters. First, effective representation is essential to ensure access to justice which is an important issue of concern for all lawyers. Second, some of the doctrines that are part of procedural law have significance for all areas of practice; for example, the law of privilege. Third, there is self-interest; that is, avoiding claims for negligence and, in particular, failing to warn clients about expiry of their right to sue. Last, putting our studies in a practical context will assist you in dealing with the admission exams that you must pass in order to become licensed by the Law Society of Ontario.
CLASSES
Mondays & Wednesdays. 10:00-11:30am, Walter Light Hall, Room 210
Will lectures be recorded? No. If you become ill or experience some extenuating circumstance that prevents your attendance at class, a recorded lecture is a poor substitute for getting help from your instructor. Please contact me and I would be pleased to meet with you to discuss the materials.
MATERIALS
There is no casebook to purchase.
On the final examination, I will assume that you have access to the materials assigned. The following statutes and regulations will be referred to commonly as we make our way through the materials:
Secondary Materials:
If you wish, you may purchase a textbook for reference, but you are not required to do so.
The best of the lot for our purposes is Morden & Perell, The Law of Civil Procedure in Ontario, 5th Edition ($170 to purchase the student edition; online for free via Lexis Advance Quicklaw).
There are many other reference works available to you in the library and online at no charge.
How to approach the reading?
I’m not particularly fond of the casebooks that are available (and they are very expensive) and would prefer to assign case reports.
Many of the cases assigned deal exclusively with a procedural point and are short; others are trial or appeal decisions that deal with many issues, only some of which are procedural. For those longer and more involved judgments, please just stick to the relevant procedural law (and usually the underlying facts are not all that important).
In the lecture notes that I will post (either shortly before or after classes), I will often set out some of the relevant passages in a given case; that said, please don’t rely on my lecture notes as a substitute for reading the assigned materials.
ASSESSMENT
100% three-hour open-book final examination.
TOPICS & READING LIST – FALL TERM 2026
I’ve set out class dates and materials to be covered but our actual progress may be different than anticipated.
September 9, 2026
No reading. Overview of the course and group sadness at the end of summer.
September 14, 2026
I. INTRODUCTION
What options exist to resolve private disputes?
“Dispute Resolution Reference Guide” in Canada’s System of Justice (Department of Justice, 2006)
What are the Rules of Civil Procedure?
Rules 1.04(1), 1.04(1.1)
What are “proceedings” under the Rules of Civil Procedure?
Flowcharts summarizing the processes under the Rules of Civil Procedure
What is the “adversarial principle” and what role do lawyers play in litigation?
Law Society of Upper Canada, Rules of Professional Conduct
Law Society of Ontario v. McCallum, 2024 ONLSTH 29 (OLSTHD)
If you’re interested… The Advocates’ Society Principles of Civility and Professionalism for Advocates
September 16, 2026
Champerty, Maintenance, and Contingency Agreements: McIntyre Estate v. Ontario (Attorney General), 2002 CanLII 45046 (Ont. S.C.J.)
II. WHO PAYS FOR THE LITIGATION?
“The Costs Rules”
Courts of Justice Act, Section 131
Law Society of Ontario Sample Long Form Litigation Cost Estimate (for explaining anticipated litigation fees to clients in a given matter)
Sample Costs Submissions & Bill of Costs
Barlow v Citadel General Assurance Co., 2008 CanLII 3215 (Ont. S.C.J.)
Davies v. Clarington (Municipality), 2009 ONCA 722 (Ont. C.A.)
Costs and Partial Settlement
1086289 Ontario Inc. (Urban Electrical Contractors) v. Welland (City), 2026 ONCA 352 (Ont. C.A.)
September 21, 2026
No Class
September 23, 2026
III. PARTICIPATION IN THE LITIGATION
Standing
Carroll v. Toronto-Dominion Bank, 2021 ONCA 38 at paras. 30-43 (Ont. C.A.)
Participation by a Party under a “Disability”
Rules of Professional Conduct, Rule 3.2-9
Rules 1.03(1) (“disability”) and 7
Gronnerud (Litigation Guardians of) v. Gronnerud Estate, 2002 SCC 38 (S.C.C.)
Lochner v Callanan, 2016 ONSC 1705 (Ont. S.C.J.)
Participation with Leave of the Court: Intervenors
Dosu v. Human Rights Tribunal of Ontario, 2025 ONSC 6509 (Div. Ct.)
Turlo et al. v. 2455655 Ontario Corporation, 2026 ONSC 1785 (Div. Ct.)
September 28, 2026
IV. LIMITATIONS
Limitations Act, 2002, S.O. 2002, c. 24
M.(K.) v. M.(H.), [1992] 3 SCR 6 (S.C.C.)
McConnell v. Huxtable, 2014 ONCA 86 (Ont. C.A.)
Collins v. Cortez, 2014 ONCA 685 (Ont. C.A.)
Brown v. Baum, 2016 ONCA 325 (Ont. C.A.)
Haytham Elzayat v. Rogers Communication, 2026 ONCA 111 (Ont. C.A.)
Lloyd v. Baker, 2026 ONCA 434 (Ont. C.A.)
Paterson v. Royal Bank of Canada, 2026 ONCA 480 (Ont. C.A.)
September 30, 2026
V. JURISDICTION
CJA, Section 11(2)
Club Resorts Ltd. v. Van Breda, 2012 SCC 17 (S.C.C.)
Lapointe Rosenstein Marchand Melançon LLP v. Cassels Brock & Blackwell LLP, 2016 SCC 30 (S.C.C.)
Vale Canada Limited v. Royal & Sun Alliance Insurance Company of Canada, 2022 ONCA 862 (Ont. C.A.)
Kalra v. Bhatia, 2024 ONSC 3565 (S.C.J.)
Hilmer Motorsport GmbH v. Mason, 2025 ONCA 875 (Ont. C.A.)
Kininsberg v. Meerapfel, 2026 ONCA 373 (Ont. C.A.)
October 5, 2026
VI. RES JUDICATA
Danyluk v. Ainsworth Technologies Inc., 2001 SCC 44 (S.C.C.)
Toronto (City) v. C.U.P.E., Local 79, 2003 SCC 63 (S.C.C.)
Penner v. Niagara (Regional Police Services Board), 2013 SCC 19 (S.C.C.)
Malamas v. Wey, 2026 ONCA 133 (Ont. C.A.)
October 7, 2026
Problem Questions
October 12, 2026
No Class
October 14 & 21, 2026
There is no class on October 19, 2026.
VII. PLEADINGS
Terminology
See Rules 25-29
Proceeding
Originating Process
Action
Application
Claim
Counterclaim
Crossclaim
Third Party Claim
Defence
Reply
Issued
Served
Filed
Deliver
Rule 25 Concepts: Material Facts and Particulars
Rule 25
Copland v. Commodore Business Machines Ltd., 1985 CanLII 2190 (Ont. S.C.J.)
Substantive Inadequacy
Hunt v. Carey Canada Inc., [1990] 2 SCR 959 (S.C.C.)
Holland v. Saskatchewan (Minister of Agriculture, Food & Rural Revitalization), 2008 SCC 42 (S.C.C.)
Amending the Pleadings
Rule 26
Miguna v. Ontario (Attorney General), 2005 CanLII 46385 (Ont. C.A.)
Stekel v. Toyota Canada Inc., 2011 ONSC 6507 (Ont. S.C.J.)
Service and Computation of Time
How to Draft Pleadings
Discussion of approaches for those interested; non-examinable.
October 26, 2026
VII. DISCOVERY AND PRE-TRIAL EVIDENCE
Rules 29.1-35
Privilege
Airst v. Airst, 1998 CanLII 14647 (Ont. Sup. Ct.)
General Accident Assurance v. Chrusz, 1999 CanLII 7320 (Ont. C.A.)
Pritchard v. Ontario (Human Rights Commission), 2004 SCC 31 (S.C.C.)
Blank v. Canada (Minister of Justice), 2006 SCC 39 (S.C.C.)
White v. 123627 Canada Inc., 2014 ONSC 2682 (Ont. S.C.J.)
Sakab Saudi Holding Company v. Al Jabri, 2026 ONCA 586 (Ont. C.A.)
October 28, 2026
Documentary Discovery
Warman v. Wilkins-Fournier, 2011 ONSC 3023 (Ont. S.C.J.)
Frangione v. Vandongen, 2010 ONSC 2823 (Ont. S.C.J.)
Examination for Discovery
Ontario v. Rothmans Inc., 2011 ONSC 2504 (Ont. S.C.J.)
Noble v. York University Foundation, 2010 ONSC 399
Ornstein (Litigation Guardian of) v. Starr, 2011 ONSC 4220
Discovery of Non-Parties
Ontario (Attorney General) v. Ballard Estate, 1995 CanLII 3509 (Ont. C.A.)
Hopkins v. Robert Green Equipment Sales Ltd., 2018 ONSC 998 (Ont. S.C.J.)
The “Deemed Undertaking” Rule
Kitchenham v. AXA Ins. Canada, 2008 ONCA 877 (Ont. C.A.)
Martin v Toronto Police Services Board, 2023 ONSC 6191 (S.C.J.)
Medical Examination
Courts of Justice Act, Section 105(2)
Lovegrove v Rosenthal (1997), 16 C.P.C. (4th) 160; [1997] O.J. No. 5408 (Ont. Gen. Div.)
How to Prepare For, and Conduct, an Examination for Discovery
Discussion of approaches for those interested; non-examinable.
November 2 & 4, 2026
No Classes. Reading Week.
November 9, 2026
VIII. MOTIONS AND INJUNCTIONS
Simple Motions
Joinder and Consolidation
1014864 Ontario Ltd. v. 1721789 Ontario Inc., 2010 ONSC 3306 (Ont. S.C.J.)
Tanner v. McIlveen Estate, 2012 ONSC 2983 (Ont. S.C.J.)
Buhlman v. Peoples Ministries Inc., 2009 CanLII 26918 (Ont. S.C.J.)
Soilmec North America Inc. v. D’Elia, 2011 ONSC 5214 (Ont. S.C.J.)
Determining a Point of Law
Gowling Lafleur Henderson v. Springer, 2013 ONSC 923 (Ont. S.C.J.)
November 11, 2026
Interlocutory Injunctive Relief
Rule 40
RJR MacDonald Inc. v. Canada (Attorney General), 1994 CanLII 117 (S.C.C.)
(a) Anton Piller Orders
Celanese Canada Inc. v. Murray Demolition Corp., 2006 SCC 36 (S.C.C.)
(b) Mareva Injunctions
Chitel v. Rothbart, 1982 CanLII 1956 (Ont. C.A.)
November 16, 2026
IX. DISPOSITION WITHOUT TRIAL
Vexatious Litigants
Rule 2.1.01
Default Judgment
Rule 19
Anti-SLAPP
CJA, s. 137.1
40 Days for Life v. Dietrich, 2024 ONCA 599 (Ont. C.A.)
Summary Judgment
Rule 20
Hryniak v. Mauldin, 2014 SCC 7 (S.C.C.)
Maurice v. Alles, 2016 ONCA 287 (Ont. C.A.)
Butera v. Chown, Cairns LLP, 2017 ONCA 783 (Ont. C.A.)
Moffitt v. TD Canada Trust, 2023 ONCA 349 (Ont. C.A.)
November 18, 2026
X. APPEAL
CJA, Sections 132-134
Housen v. Nikolaisen, 2002 SCC 33 (S.C.C.)
Capital Gains Income Streams Corporation v. Merrill Lynch Canada Inc., 2007 ONCA 497 (Ont. C.A.)
Lazare v. Harvey, 2008 ONCA 171 (Ont. C.A.)
Gligorevic v. McMaster, 2012 ONCA 115 (Ont. C.A.)
I have left some classes clear in case of illness. Ideally we will have a review and finish early given the compressed time between the end of lectures and examinations.