LSO Barrister Civil Litigation 2 — Questions and Answers
Question 1: Under Rule 30 of the Ontario Rules of Civil Procedure, what is the obligation to produce documents called?
- Examination for discovery
- Affidavit of documents (Correct answer)
- Undertaking
- Summons to witness
Correct answer: Affidavit of documents
Rule 30 requires each party to serve an Affidavit of Documents listing all relevant documents in their possession, control, or power.
Question 2: In Ontario, which court has jurisdiction to hear appeals from the Superior Court of Justice in civil matters?
- Divisional Court
- Court of Appeal for Ontario (Correct answer)
- Federal Court of Appeal
- Ontario Review Tribunal
Correct answer: Court of Appeal for Ontario
Final orders of the Superior Court of Justice are appealed to the Court of Appeal for Ontario as of right on questions of law.
Question 3: What does 'costs follow the event' mean in Ontario civil litigation?
- Costs are split equally
- The losing party pays the winning party's costs (Correct answer)
- Each party pays their own costs
- Costs are determined by jury
Correct answer: The losing party pays the winning party's costs
The principle that costs follow the event means the unsuccessful party is generally ordered to pay the successful party's legal costs.
Question 4: Under Rule 20 of the Ontario Rules of Civil Procedure, summary judgment may be granted when:
- There is a genuine issue requiring a trial
- There is no genuine issue requiring a trial (Correct answer)
- The defendant fails to appear
- The plaintiff requests it on consent
Correct answer: There is no genuine issue requiring a trial
Rule 20.04 allows summary judgment when the court is satisfied there is no genuine issue requiring a trial, avoiding unnecessary proceedings.
Question 5: What is a 'certificate of pending litigation' (CPL) in Ontario real property disputes?
- A notice registered on title to warn of a claim affecting the land (Correct answer)
- A court order transferring title
- A lien against personal property
- A certificate confirming no encumbrances
Correct answer: A notice registered on title to warn of a claim affecting the land
A CPL is registered on the property's title under the Land Titles Act to notify third parties that a claim affecting the land is pending in court.
Question 6: In Ontario small claims court, what is the current monetary jurisdiction limit?
- $10,000
- $25,000
- $35,000 (Correct answer)
- $50,000
Correct answer: $35,000
As of 2020, the Small Claims Court in Ontario has jurisdiction over claims up to $35,000.
LSO Barrister Civil Litigation 2
Under Rule 30 of the Ontario Rules of Civil Procedure, what is the obligation to produce documents called?