Civil Litigation Flashcards

Under the Ontario Rules of Civil Procedure, what is the general limitation period for commencing a civil action?

Answer: 2 years

The Limitations Act, 2002 establishes a basic 2-year limitation period from the date the claim was discovered.

Which document formally commences a civil action in the Ontario Superior Court of Justice?

Answer: Statement of Claim

A Statement of Claim is the originating process that formally commences a civil action and sets out the plaintiff's allegations.

Under Rule 24 of the Ontario Rules of Civil Procedure, what is the consequence of failing to set an action down for trial within two years of the close of pleadings?

Answer: The defendant may move to dismiss

Under Rule 24.01, a defendant may move to have an action dismissed for delay if it has not been set down within the prescribed time.

In Ontario civil procedure, what is a 'without prejudice' offer to settle governed by?

Answer: Rule 49

Rule 49 of the Rules of Civil Procedure governs offers to settle and the cost consequences that flow from beating or failing to beat the offer.

Under the Ontario Evidence Act, which of the following is NOT a recognized exception to the hearsay rule?

Answer: Neighbour's gossip

Neighbour's gossip has no recognized basis in law as a hearsay exception; the other options are established exceptions under common law or statute.

What is the purpose of a 'Mareva injunction' in Ontario civil litigation?

Answer: To freeze a defendant's assets pending judgment

A Mareva injunction is an interlocutory order freezing the defendant's assets to prevent dissipation before judgment can be enforced.