Civil Procedure – C. David Freedman: Estates, Trusts & Guardianship Law

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.

Classes: Tuesday & Thursday, 10:00-11:30 a.m. (Law School Room 001)

Assessment: 100% Final Open-Book Examination

Course 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

Consolidated Divisional Court Practice Direction

Law Society of Ontario, 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 annotated statutory materials available through the usual legal publishing houses (not recommended).

If you wish to purchase a textbook for reference, I recommend Morden & Perrell, The Law of Civil Procedure in Ontario, 4th Ed. (LexisNexis, 2020). It is a very nice text and is available in a student edition. There are also various reference works available in the library and through Westlaw and LexisNexis.

TOPICS & READINGS

Please note: the reading list may be revised during the term to reflect recent developments.

There is an online reference work, Civil Procedure and Practice in Ontario, 2nd Edition (CanLII). I’ve included the relevant chapters (and sometimes other materials) in the reading list as background reading to be skimmed or read in greater detail as is your preference.

January 12, 2023

Introduction to the Course. No Reading.

January 17, 2023

I. INTRODUCTION TO THE SUBJECT

Heather Hui-Litwin, General Matters, Rule 1 – Citation, Application, Interpretation, 2021 CanLIIDocs 1983

Barbara L. Grossman & Ara Basmadjian, Pre-Trial Procedures, Rule 49.01-.09 – Offer to Settle, 2021 CanLIIDocs 2041

(a) ‘Adversarial Justice’ and ‘Access to Justice’

Christie v. British Columbia (Attorney General), 2007 SCC 21 (S.C.C.)

Van Delst v. Hronowsky, 2022 ONCA 881 (Ont. C.A.)

(b) What are these Rules I keep Hearing About???

“Rule”, “Rules”, and “subrule” refers to the Ontario Rules of Civil Procedure, R.R.O. 1990, Reg. 194 under the Courts of Justice Act, R.S.O. 1990, c. C.43.

Rules 1-2

(c) Professionalism

Law Society of Upper Canada, Rules of Professional Conduct

Standard Life Assurance Co. v Elliott, 2007 CanLII 18579 (Ont. S.C.J.)

Best v. Ranking, 2016 ONCA 492 (Ont. C.A.)

Lecture Notes (1) – Introduction

January 19, 2023

(d) The Filter – Introduction to the ‘Costs Rules’

Courts of Justice Act, Section 131

Rules 49, 57.01

Barlow v Citadel General Assurance Co., 2008 CanLII 3215 (Ont. S.C.J.)

Davies v. Clarington (Municipality), 2009 ONCA 722 (Ont. C.A.)

Costa, Love, Badowich and Mandekic v. Seneca College of Applied Arts and Technology (November 24, 2022, unreported, Ont. S.C.J. – costs)

Lecture Notes (2) – Introduction cont’d (costs)

II. JURISDICTION: Jurisidiction Simpliciter & Forum Non Conveniens

Angela Swan, “Freedom from the Conflict of Laws Is in Your Grasp” (2020), 51 Advoc. Q. 21

Courts of Justice Act, Section 11(2)

Club Resorts Ltd. v. Van Breda, 2012 SCC 17 (S.C.C.)

Vale Canada Limited v. Royal & Sun Alliance Insurance Company of Canada, 2022 ONCA 862 (Ont. C.A.)

Lecture Notes (3) – Jurisdiction

January 26, 2023

III. PARTIES

Background / Reference Reading:

Angelique Moss, Rules of Civil Procedure Chapters, Parties and Joinder, Rule 7 – Parties Under Disability

Thomas Slade, Rules of Civil Procedure Chapters, Parties and Joinder, Rule 13 – Intervention

Rules 5, 6, 7, 13

Gronnerud (Litigation Guardians of) v. Gronnerud Estate, 2002 SCC 38 (S.C.C.)

Lochner v Callanan, 2016 ONSC 1705 (Ont. S.C.J.) [If you’re interested, the saga is recounted in Lochner v. Ontario Civilian Police Commission, 2020 ONCA 720 (Ont. C.A.)]

Halpern v. Toronto (City) Clerk, 2000 CanLII 29029 (Ont. Div. Ct.)

Hollinger Inc. v. Ravelston Corp., 2008 ONCA 207 (Ont. C.A.)

Gligorevic v. McMaster, 2010 ONSC 3842 (Ont. S.C.J.)

Lecture Notes (4) – Parties

January 31, 2023

IV. RES JUDICATA, ESTOPPEL, AND ABUSE OF PROCESS

Paul M. Perell, “Res Judicata and Abuse of Process” (2001), 24 Advocates’ Quarterly 189.

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Toronto (City) v. C.U.P.E., Local 79, 2003 SCC 63 (S.C.C.)

Danyluk v. Ainsworth Technologies Inc., 2001 SCC 44 (S.C.C.)

Penner v. Niagara (Regional Police Services Board), 2013 SCC 19 (S.C.C.)

Lecture Notes (5) – Estoppel and Res Judicata