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Book Catalogue

Civil Litigation Process, 7th Edition

Status: Available
Author: Walker, Watson, Pinos, et al.
ISBN/ISSN: 978-1-55239-342-0
Year: 2009
Description: Text / Hardcover / One colour / 983 pages
Instructor's Guide/Teacher's Resource: Not Available
Subject: Civil Law and Procedure
Division: Law School
Publisher: Emond Montgomery Publications
Contact: Instructor Support

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Preface

Overview

In its 7th edition, The Civil Litigation Process remains Canada's leading casebook on civil procedure. The new edition reflects recent developments in the law and embodies changes in the evolving approach to the teaching and learning of procedural law in Canadian classrooms. While the basic structure of the book has not changed, the authors have added a number of new topics and materials — including Indigenous dispute resolution, constitutional rights to legal services, expert witness, and national class actions — and have made adjustments to the focus and sequence of the topics of continuing interest.

The 7th edition is organized into 11 chapters, mindful of the need to keep it manageable and user-friendly within the time constraints of the standard Canadian law school semester. The authors have condensed each excerpt and each section of notes and questions. At the same time, Emond Montgomery will be launching a companion website to carry many of the materials that could not be included in the casebook, thus adding to its range of coverage and flexibility as well as ensuring its ongoing currency.

The Civil Litigation Process is truly national in scope, referring to cases and rules from all common-law provinces. It draws on the strong tradition of teachers and scholars of procedural law in Canada, with an author team of specialists from across the country: Janet Walker (general editor), Garry D. Watson (founding editor), Timothy Pinos (senior editor), Jane Bailey, Barbara Billingsley, Trevor C.W. Farrow, Colleen M. Hanycz, Erik S. Knutsen, Ronalda Murphy, Andrew Pirie, Sean Rehaag, and Lorne Sossin. Their collaborative efforts throughout the developmental process have resulted in a comprehensive, efficient and exceptionally teachable resource.

Top ∧Content Summary

CHAPTER ONE: CIVIL LITIGATION IN CONTEXT

I.	INTRODUCTION
II.	PROCEDURE AND THE COMMON LAW
	A.	The Procedural Roots of the Common Law
	B.	The Procedural Foundation of Substantive Law
	C.	How the Rules Are Made
III.	THE ADVERSARY SYSTEM
	A.	Basic Premises
	B.	Civilian and Indigenous Counterparts
	C.	The Interests of the Public
	D.	The Structure of a Civil Proceeding
	E.	Procedural Pathways
IV.	LITIGATION AND DISPUTE RESOLUTION
	A.	The Formation of Disputes
	B.	The Forms of Dispute Resolution

CHAPTER TWO: THE ECONOMIC AND PROFESSIONAL CONTEXT

I.	ACCESS TO JUSTICE
	A.	Introduction
	B.	A Constitutional Right to Legal Services
	C.	Cross-Cultural Considerations
II.	THE ECONOMICS OF LITIGATION
	A.	Paying for Canadian Legal Work
	B.	“Fee Shifting” in Canada
	C.	Disciplinary Use of Costs
	D.	Costs for Public Interest Work
	E.	Public Funding of Litigation
III.	THE ETHICS OF LAWYERING
	A.	Introduction
	B.	Models and Critiques of Professional Ethics

CHAPTER THREE: COMMENCING CIVIL PROCEEDINGS

I.	COURTS AND TRIBUNALS
	A.	The History of Courts and Civil Procedure in Canada
	B.	Courts of Civil Jurisdiction in Canada
	C.	Courts and Other Tribunals
II.	JURISDICTION
	A.	The Inherent Authority of the Superior Courts
	B.	Territorial Considerations Affecting the Courts’ Authority
III.	LIMITATION OF ACTIONS
	A.	The Purpose and Operation of Limitation Periods
	B.	Discoverability
	C.	Capacity
	D.	Ultimate Limitation Periods
	E.	Notice Periods
IV.	SERVICE OF ORIGINATING PROCESS
	A.	Personal Service and Alternatives
	B.	Substitutional Service
	C.	Time for Service and Extensions

CHAPTER FOUR: THE SCOPE OF THE MATTER

I.	INTRODUCTION
II.	JOINDER OF CLAIMS
III.	RES JUDICATA
	A.	Introduction
	B.	Cause of Action Estoppel
	C.	Issue Estoppel

CHAPTER FIVE: PARTIES AND PARTICIPANTS

I.	STANDING
II.	JOINDER OF MULTIPLE PARTIES
	A.	Permissive Joinder
	B.	Compulsory Joinder
III.	ADDITION OF CLAIMS AND PARTIES BY THE DEFENDANT
	A.	Introduction
	B.	Counterclaims
	C.	Third-Party Claims
	D.	Cross-Claims
IV.	CONSOLIDATION AND ORDERS FOR THE TRIAL OF ACTIONS TOGETHER
V.	INTERVENTION
VI.	EXPERT WITNESSES
	A.	Introduction
	B.	Supreme Court of Canada Jurisprudence

CHAPTER SIX: PLEADINGS

I.	INTRODUCTION
II.	NATURE AND FUNCTION OF PLEADINGS
	A.	Overview of the Pleading Process
	B.	Mechanics of Pleading
	C.	Form and Content of Pleadings
III.	SUBSTANTIVE CONTENT
	A.	Substantive Adequacy
	B.	Setting the Boundaries of Litigation and Trial
	C.	Amendment

CHAPTER SEVEN: DISCOVERY

I.	INTRODUCTION
	A.	Overview
	B.	Philosophy and Developing Approaches to Discovery
II.	DOCUMENTARY DISCOVERY
	A.	Affidavit of Documents
	B.	Scope of Documentary Discovery
	C.	Electronic Discovery
	D.	Documentary Discovery from Non-Parties
III.	PHYSICAL DISCOVERY
	A.	Medical Examinations
	B.	Inspection of Property
IV.	EXAMINATION FOR DISCOVERY
	A.	Purposes of Examination for Discovery
	B.	Use of Examination for Discovery at Trial
	C.	Who May Be Examined for Discovery
	D.	Scope of Examination for Discovery
	E.	Sanctions for Failure to Comply with Discovery Obligations

CHAPTER EIGHT: PRIVILEGE AND DEEMED UNDERTAKINGS

I.	PRIVILEGE
	A.	Types and Sources of Privilege
	B.	Philosophy of Solicitor-and-Client Privilege
	C.	History of Solicitor-and-Client Privilege
	D.	Scope of Solicitor-and-Client Privilege: Corporate Clients and Government
	E.	Limits on Solicitor-and-Client Privilege: Waiver
	F.	Litigation Privilege/Lawyer’s Brief Rule
	G.	Privilege on Grounds of Confidentiality
II.	IMPLIED/DEEMED UNDERTAKINGS

CHAPTER NINE: PRE-TRIAL RELIEF AND DISPOSITION WITHOUT TRIAL

I.	INTRODUCTION
II.	MOTIONS
	A.	Resolution of Disputes Within a Proceeding
	B.	Interim Substantive Relief
III.	DISPOSITION WITHOUT TRIAL — MERITS-BASED
	A.	Motions To Strike, Stay, and Dismiss
	B.	Summary Judgment
	C.	Special Case
IV.	DISPOSITION WITHOUT TRIAL — PROCESS-BASED
	A.	Default Proceedings
	B.	Dismissal for Delay and Non-Compliance with Rules
	C.	Discontinuance

CHAPTER TEN: MANAGING THE PROCESS

I.	INTRODUCTION
II.	CASE MANAGEMENT AND PRE-TRIAL CONFERENCES
	A.	Introduction
	B.	Critical Issues in Case Management
III.	COURT-CONNECTED MEDIATION
	A.	Rule 24.1 and the Ontario Mandatory Mediation Program
	B.	Other Canadian Models of Court-Connected Mediation
	C.	Critical Issues in Mediation
IV.	SETTLEMENT: FORMAL OFFERS TO SETTLE AND SETTLEMENT PRIVILEGE
	A.	Formal Offers to Sell
	B.	Contents of the Offer to Sell
	C.	Strategic Settlement Options
	D.	Settlement Approval
	E.	Confidential Settlement Agreements

CHAPTER ELEVEN: CLASS PROCEEDINGS

I.	INTRODUCTION
II.	CERTIFICATION
	A.	Reasonable Cause of Action
	B.	Identifiable Class — Class Definition
	C.	Common Issues
	D.	Preferable Procedure
	E.	Representative Plaintiff
III.	MULTIJURISDICTION CLASS ACTIONS
IV.	COSTS, SETTLEMENT, FEES, AND TRIAL
	A.	Costs: Fee Shifting and the “Downside Risk” in Class Action Litigation
	B.	Settlement
	C.	Fees: Remunerating Class Counsel
	D.	Trial

INDEX