Motions
Ex parte
Do NOT file this for a summary judgement on the pleadings
Affidavit
A judge cannot do this if the limitation period on the claim which would be advanced has ended
Add a party
This test is the same for common law and CJPTA jurisdictions
Forum non conveniens
William Dingle's case was brought in this year
1995
Generally, only this type of examination will be done on an affidavit
Cross-examination
A party can only claim this if it is stated in the pleadings
How a party joins further parties
Amending the originating document
The test for jurisdiction in a common law province
"Real and substantial connection" test from Morguard
The official stamp at the end of an affidavit affirming its sworn truthfulness
How much time you have to file an affidavit on a matter that will take less than half a day
Ten days
How long a party has to provide particulars after receiving a demand for particulars
10 days
A person who is not a party to a proceeding but wishes to be joined
Intervenor
When there is no presumptive factor in a CJPTA jurisdiction
No jurisdiction
Megan's birthday
February 23
The two things required to support hearsay evidence in an affidavit
Source of the information and witness's belief in the information
The term for when pleadings do not align with evidence adduced at trial
Variance
The stage of a proceeding when parties can be joined
Any stage
One of the presumptive connecting factors from Van Breda
(a) Defendant is domiciled or resident in the province
(b) The defendant carries on business in the province
(c) Tort was committed in the province
(d) Contract connected to the dispute was made in the province
Who's the second worst male lawyer?
Ben - I mean, JON Shapiro
This rule codifies the requirement of submitting a brief when filing a motion
Rule 23.11
Reason to grant summary judgment on the pleadings
It is "plain and obvious" that they disclose no reasonable cause of action
The judge will do this when the benefits of doing so outweigh the costs
Separate parts of a proceeding
Why it is inadvisable to plead lack of jurisdiction in a statement of defence
You will have attorned to the jurisdiction of the court
Who's the worst male lawyer?
Michael Scott