| A | B |
|---|
| caselines | is not a replacement for for filing and serving- A file-sharing of documents that have already been properly filed and served- is the basis for creating a case brief used by each party and available to the court and other parties |
| setting an action down for trial | procedure that a party must following in order to have its case placed on the trial list. |
| trial record | bound set of documents prepared by the party setting the action down for the trial and containing the pleadings of all the parties, any relevant orders, all notices and certificates |
| undefended action | an action in which no statement of defence is delivered |
| trial list | list kept by the registrar in each courthouse of cases that are ready for trial |
| sittings | the time periods during which a specific court may hear cases |
| document book | a bound book of all the documents that a party intends to introduce into evidence at trial; it is sometimes referred to as a book of documents |
| subrogated claim | a claim made by A to recover from C amounts paid by A to B to cover financial loss caused by C |
| testimony | oral evidence given by a witness |
| examination-in-chief | series of questions asked of a witness by the lawyer for the party who called the witness |
| cross-examination | series of questions asked by the lawyer for a party adverse in interest to the party that called the witness |
| leading a witness | asking a witness a question that suggests the answer |
| non-pecuniary | something not having to do with money or monetary value; usually used with term non-pecuniary loss, which refers to the loss or damages that do not have a monetary value |
| exemplary damages | damages for the amount that is more than the monetary value of an actual loss; it is used to compensate the plaintiff for the defendants excessively improper or malicious conduct |
| punitive damages | damages in the amount that is not related to actual monetary loss, but it is a separate damage award and a punishment for excessively bad behaviour by the defendant |
| Pre-trial procedural steps are | Determining the place of trial, deciding whether the case will be tried with a jury and issuing a jury notice if so, listing hte case for trial, pre-trial conference, dealing with admissions |
| Rule 47- Jury notice | sec 108 of the Courts of Justice act gives any party in most proceedings the right to a jury trial. Either party can decide that it wants to have a jury trial, it must then prepare and serve a jury notice on all other parties. it may be SERVED anytime befor eclose of pleadings. Once served, the notice is then filed with the court. |
| Striking out a jury notice | If any other party does not wish to have a jury at trial, that party can bring a motion asking to have that jury notice struck out |
| jury notice that would not be in accordance to the rules if | it was served after the closing of the pleadings |
| in order to set a matter down for trial, the plaintiff must serve and file a | Trial record. it must be served to all other parties. Once that has been done, the trial record is filed with the court along with proof of service |
| any party that consents to putting the case on the trial list | loses the right to bring any further motions or continue discoveries with leave (permission) of court |
| if you want your action added to the trial list for a particular sitting, | you must file the trial record at least 10 DAYS beofre the start of the scheduled sitting |
| pre trail conference - how many days must the pre trial be sheculed after the action is set down for trial? | 180 days |
| 30 days before pre trial conference, each party shall deliver | Form 50A- a certificate of readiness |
| pre trial conference is ued | to try and achieve settlement |
| offer to settle | must be made a tleast 7 days before commencement of hearing, The offer must not be withdrawn and must not expire before commencement of the hearing & the offer must not be accepted by opposite party |
