Questions michaeldew（问题michaeldew）.docVIP

Watson CAN CHAPTER 1 – INTRODUCTION TO CIVIL ACTIONS AND COURTS Structure of a civil action. P10 Considerations before start the action, p11. First try and settle – try a demand letter. Litigation is expensive, avoid it if possible. Consider if court will accept your clients view of the facts. Explain the consequences of winning i.e. will still have lawyer fees. Enquire as to the D’s ability to pay. If want an injunction that if fine, but it is NOT contempt of court to not pay a judgement. Concise description of the main stages of a civil action, p12 Deciding to Sue What will your cause of action be? Can you prove the necessary facts within the rules of evidence? Is it an innovative claim – will the D apply for the claim to be stuck out for not disclosing a reasonable cause of action? Selecting the appropriate court Subject matter J – Federal court, provincial court, Family law, labour tribunal? Pecuniary limit J – Small claims? Remedies available to the court? Can a provincial court issue equitable remedies? Superior courts e.g. BCSC are courts of equity. Commencing the proceeding Writ of summons (writ) (Abandoned in Ontario – they have notice of action). Statement of claim. Description of parties = title of proceeding (formerly called style of cause). Serve the writ. If serving corporation can leave it with officer / director / agent or person in control / management. Employ process server. Apply for substituted service if D being evasive – maybe advert in newspaper. Can use application rather than action to resolve some disputes, but only if do NOT need to call evidence. Asserting claims and defences: Pleadings. Statement of claim should be allegations and bare facts only, not the evidence. SOC allows court to determine if P has a COA – perhaps if D applies to have claim struck. SOD must state facts on which the defence is based and must indicate which allegations of the SOC are disputed. The P can submit a reply if he wants. D may submit a counterclaim