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

Experience with Case Managed Proceedings in Ottawa

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

Questions & Comments: