Civil Litigation Flashcards

In Ontario, an Anton Piller order is used to:

Answer: Compel a party to permit a search of their premises for evidence

An Anton Piller order (now called a civil search order) allows a party to enter premises and seize evidence without prior notice to prevent destruction.

Under the Class Proceedings Act, 1992, certification of a class action requires that the class action be the:

Answer: Preferable procedure for resolution of common issues

Section 5(1)(d) requires the court to find that a class proceeding would be the preferable procedure for the resolution of common issues.

Under Rule 53 of the Ontario Rules of Civil Procedure, expert witness reports must be served:

Answer: At least 60 days before trial

Rule 53.03 requires expert reports to be served at least 60 days before trial, with responding reports served at least 30 days before trial.

What is the 'but for' test in Ontario tort law?

Answer: A causation test asking whether the harm would have occurred but for the defendant's negligence

The 'but for' test asks whether the plaintiff's injury would have occurred but for the defendant's negligent conduct, establishing factual causation.

In Ontario, prejudgment interest on damages in tort claims is governed by:

Answer: The Courts of Justice Act

Sections 128 and 129 of the Courts of Justice Act govern prejudgment and postjudgment interest rates in Ontario.

What is the purpose of a 'mandatory mediation' requirement in Ontario civil litigation under Rule 24.1?

Answer: To provide a non-binding process to facilitate early resolution before trial

Mandatory mediation under Rule 24.1 is a non-binding process requiring parties in designated regions to attempt settlement before proceeding to trial.