JURISDICTION
Which court system has ‘inherent, plenary jurisdiction’ for matters?
Superior Court of Justice
What is the name of the claim where a platinff pleads?
Statement of Claim
What is discovery?
“discovery of documents, examination for discovery, inspection of property and medical examination of a party as provided under Rules 30 to 33.” (Rule 1.03)
How long can a proceeding be commenced before it is statued barred under the Limitations Act
2 years
What is the main case/test that is used to establish jurisdiction?
Van Breda
If there’s no time to file a statement of claim, what must be done?
File a notice of action
What is solicitor Client privilege?
A class privilege where communications between a lawyer and their client are confidential
What is summary judgement?
Where the PL or DEF can make a motion for the judge to review the evidence to see if there is a genuine issue requiring a trial (Rule 20)
What is required of a defendant when challenging jurisdiction under forum non conveniens?
that there is an alternative forum that is more appropriate, fair and efficient.
How long does a PL have to reply to a statement of defence?
10 days
Under what rule is the discovery of medical records found?
Rule 33
What is the case that talks about access to justice in relation to summary judgment?
Hryniak v. Maudlin
What is the real and substantial connection test used for?
What is the difference between a counter claim, cross claim and third party claim?
Counter: A defendant counters against a plaintiff
Cross: only a defendant can file a cross against other defendants
Third party: bringing a claim against a defendant who is not a party to the action
What is the time limit in conducting oral examinations for discovery?
7 hours (rule 31.05.1(1))
In what rule can the statement “Every proceeding in the court shall be by action, except where a statute or these rules provide otherwise” be found?
Rule 14.02
What is the difference between jurisdiction over the person and jurisdiction over the subject?
Jurisdiction over the person = allowing / disallowing a PL to get a judgment that is enforceable against someone
Jurisdiction over the subject = courts not having the authority to deal with a subject matter
Unlike a counter or cross claim, what must happen when bringing a third party claim?
It must be ISSUED because it is a new originating process
Johnny formerly had some files but has lost them since. Which Schedule should this be filed under?
Schedule C
Under which rule of Professional Conduct can a lawyers responsibility as an advocate be found?
5.1-1