carleton county law association may, 2015 justice robert beaudoin master pierre roger master calum...
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Carleton County Law AssociationMay, 2015
Justice Robert BeaudoinMaster Pierre Roger
Master Calum MacLeodSuperior Court of Justice, Ontario, Canada
Objectives of Rules of Civil Procedure:
To secure the just, most expeditious and least expensive determination of every civil procedure on its merits. (Rule 1.04 (1))
To ensure that procedures are proportionate to the importance and complexity of the issues and to the amount involved. (Rule 1.04 (1.1))
Civil Litigation in Ottawa:
Fixed trial dates will be maintainedMeaningful use of Mandatory Mediation will continueCase Management will be readily availableCase Management will be tailored to the needs of the caseMeaningful pre-trials will focus on resolutionThere will be more rigorous trial management for long casesA reasonable timetable will bring cases to conclusion in an appropriate time period having regard to the needs of the case and the nature of the litigantsThe process for avoiding administrative dismissal will be clear
Enforceable Timetable
Case Conference
Intensive Case Management
Levels of Case Management
Case Management
+Use of Judicial Resourc
es
-
Autonomy of
Parties
Administrative Dismissal
Start Action
Does the case
require a timetable
Production,
Discovery &
Mediation
Set Action Down
by deadline
Proceed to Pre-trial
Consent to timetable &
litigation plan?
Proceed in accordance with Discovery & ADR Plan , complete
all preliminary matters
Submit case
conference form (or
bring motion)
Case conference with master
Yes
No
Yes
IssuesRequiring Case Management
No
Problems !
Civil Litigation Process – SCJ, East Region - Ottawa Revised, April, 2015
Trial
Problems !
Is the action ready for
trial ?
Set the action down for trial (or settle)
Will it be ready before the deadline?
Complete all preliminary matters
Is the deadline
more than 30 days ?
File consent timetable and order
at least 30 days before deadline.
Bring a status hearing motion & meet reverse onus.
Bring a motion or request a case
conference
Timetable set and deadline extended
(unless successful R. 24)
Agreement on a
timetable and
extension ?
Action dismissed or timetable imposed
Deadline under R. 48.14 approaching
Yes
No
Yes
No
Yes
No
Yes
No
Operation of Rule 48.14 – April 30., 2015
Trial date required
Ready to set down ?
Set the action down
for trial
Case conference
All steps done or
timetabled ?
Trial Management Court
Trial and Pre-trial dates
fixed
Pre-Trial
Trial
No
Yes
No
Yes
Adjournment Required – trial date not met – incorrect estimate, not ready for trial, trial management required
Date confirmed if ready
Obtaining Civil Trial Dates in Ottawa – Revised, April, 2015
Filing Material:Pay attention to service & filing deadlines – read the rules and any practice directions
Pay attention to confirmation deadlines
Remember if a motion or application is adjourned to no fixed date, the material disappears into the court file
For special appointment motions, consider the protocol for filing electronic material