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Case management is not available for certain types of civil cases in the Superior Court of Justice, including: estates, bankruptcy and insolvency proceedings; certain applications under the Trustee Act, the Succession Law Reform Act, the Substitute Decisions Act, 1992, the Construction Act and the Bankruptcy and Insolvency Act (Canada)
Examination for discovery, like the discovery of documents (see Rule 30 (2021 CanLIIDocs 2020)), is based on the principle of full disclosure of relevant facts. Parties are entitled to ask and receive an answer to any questions they want to ask about the matters at issue in the case.
Mar 5, 2021 · Once parties exchange pleadings, the Discovery phase begins. Discovery is a period of time in a civil action where each party investigates the opposing party’s arguments, and facts they will use to support these arguments, by obtaining evidence which the opposing party uses to support their case.
If a case is not being case managed and no judge is "seized" of the case (meaning the judge has decided he or she will conduct further hearings in the case), it is likely that each step in the proceeding will be handled by a different judge.
While there is no evidence to warrant a fundamental overhaul of Ontario’s discovery process, the findings point to the need for reform on two fronts: (i) Incorporation of enhanced cost and time saving mechanisms into the Rules of Civil Procedure, including: Discovery management mechanisms for case managed and non-case managed proceedings;
summarize evidence and how it relates to the law – refer to the evidence presented to the judge at trial that supports what it is that you are trying to prove; address any arguments made by the other party – explain why, in your view, the other party’s arguments should not be accepted by the judge; and.
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In most provinces, a party to a civil action in Canada may request a jury, but even when the claims at issue are permitted to be tried before a jury, courts have broad discretion to strike the jury and proceed with a judge-only trial. In Québec, jury trials are not available in civil cases at all.
