Courts & Jurisdiction
Court that uses the Rules of Civil Procedure
What is the Superior Court of Justice?
Type of proceeding when facts are disputed
What is an action?
Pleadings
What is the first stage of a court action?
Stage where documents are exchanged
What is discovery?
a formal request made by a party in a lawsuit asking a judge to make a ruling or issue an order before the trial
What is a motion?
Governing rules for Small Claims Court
What are the Small Claims Court Rules?
Is there a rule that governs service of documents
What is yes? (!)
What is included in pleadings? (facts and/or evidence)
Document listing all relevant documents
What is an Affidavit of Documents?
Motion to avoid trial
What is summary judgment?
Standard of proof in civil cases
What is balance of probabilities?
Serving a party when you can’t find them
What is substituted service?
Document in which defendant responds
What is a Statement of Defence?
Information protected by solicitor-client privilege
Communications for purpose of legal advice
Motion documents must include
Notice of Motion + affidavit (typically)
Court that hears appeals from Superior Court
What is the Court of Appeal for Ontario?
Difference between action & application
Action = facts disputed; Application = legal issue (generally - or legislation dictates)
Changing a pleading after filing
What is amendment of pleadings?
When the other side must answer questions orally
What is examination for discovery?
Order these events in trial -
cross exam
submissions
opening
evidence
what is Opening → Evidence → Cross-exam → Submission
When can a paralegal appear in Superior Court?
Rare exceptions (e.g., acting as agent in certain procedural matters if permitted)
Document required to begin an action
What is a Statement of Claim?
Remedy request in a pleading
What is “the relief sought”?
Purpose of discovery
To narrow issues and avoid trial if possible
Who usually pays costs
What (who) is the unsuccessful party?