Civil Litigation Flashcards

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

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.

In Ontario, which court has jurisdiction to hear appeals from the Superior Court of Justice in civil matters?

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.

What does 'costs follow the event' mean in Ontario civil litigation?

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.

Under Rule 20 of the Ontario Rules of Civil Procedure, summary judgment may be granted when:

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.

What is a 'certificate of pending litigation' (CPL) in Ontario real property disputes?

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.

In Ontario small claims court, what is the current monetary jurisdiction limit?

Answer: $35,000

As of 2020, the Small Claims Court in Ontario has jurisdiction over claims up to $35,000.