Carleton County Law Association May, 2015 Justice Robert Beaudoin Master Pierre Roger Master Calum MacLeod Superior 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 maintained Meaningful use of Mandatory Mediation will continue Case Management will be readily available Case Management will be tailored to the needs of the case Meaningful pre-trials will focus on resolution There will be more rigorous trial management for long cases A 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 litigants The process for avoiding administrative dismissal will be clear

Enforceable Timetable Case Conference Intensive Case Management Levels of Case Management Case Management + Use of Judicial Resources + Use of Judicial Resources - 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 Issues Requiring 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 approaching Yes No Yes No Yes No Yes No Operation of Rule – 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

Action Commenced – % defence rate Defended = 600 Early mediation settles 40% of cases Mediation = % of cases settle following a pre-trial or settlement conference JDR = 90 Roughly 3% of cases are tried Trial – 30 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

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