LSO Barrister Civil Litigation 2

Question 1

Under Rule 30 of the Ontario Rules of Civil Procedure, what is the obligation to produce documents called?

Accepted Answer

Affidavit of documents

Answer

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?

Accepted Answer

Court of Appeal for Ontario

Answer

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?

Accepted Answer

The losing party pays the winning party's costs

Answer

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:

Accepted Answer

There is no genuine issue requiring a trial

Answer

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?

Accepted Answer

A notice registered on title to warn of a claim affecting the land

Answer

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.

Ontario Bar Barrister Practice Test