Tag Archives: Rules of Civil Procedure

Paralegal Karen Fair

Hide & Seek: When Surveillance Video Must be Disclosed

Paralegal Karen Fair summarizes a case that examines the issue of surveillance video disclosure. In Arsenault-Armstrong v. Burke et al, 2013 ONSC 4353, the plaintiff in a personal injury case brought a motion for an order to compel the defendant to produce information on observations made during surveillance of the plaintiff. Justice P.B. Hambly found […]

Electronic Filing – Small Claims Update

  Paralegals will be able to electronically file more documents, including writs of seizure and sale under the Rules of Civil Procedure, after discussions between the government and the Law Society of Upper Canada.   The changes take effect July 1. Two regulations that affect paralegals are: O. Reg. 43/14 (RCP amendment regulation) O. Reg. […]

Andrew Hyland

Hryniak v. Mauldin: Summing up Summary Judgment

SCOPE contributor Andrew Hyland examines a recent Supreme Court of Canada decision and explains the possible implications for paralegals who practice in small claims. The Supreme Court ruled recently on summary judgments. How will this affect current jurisprudence behind Rule 12.02 motions and recent developments in the Small Claims Court, in the wake of Hryniak […]

Multiple Plaintiffs, One Defendant

Scott McEachern is a Durham-area paralegal whose practice focuses on civil litigation. Scott leads SCOPE readers through the nitty-gritty details and relevant case law, of multiple plaintiff claims against a single defendant, within the monetary jurisdiction of small claims actions. As a paralegal practitioner working primarily in Small Claims Court litigation, I am approached from […]

P.I. Ruling Clarifies Expert Rule

A recent Divisional Court decision offers clearer guidance on how the Rules of Civil Procedure apply to witnesses who testify as expert opinion witnesses. Contradictory case law had created some confusion. Westerhof v. Gee adds a measure of clarity. The court found that, if they’re giving an account based on opinion rather than facts or […]

Legal Word of the Day: “Bifurcation”

“Bifurcation” — A procedure in litigation, arbitration, criminal and tribunal hearings, to separate issues or proceedings into two or more parts. The separation could involve claims, evidence and legal issues. For instance, evidence related to liability could be separated from evidence related to damages. A judgment can be rendered on a set of legal issues […]

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