Chapter 1 Summary
CIVIL PROCEDURE and CIVIL JUSTICE SYSTEM —PROCESS and STRUCTURE
Civil Procedure: process followed in litigation of civil claims (contract, tort, certain aspects of family law)
 body of law that deals with the methods of solving disputes through litigation (Cdn Enclycopedia)
2 Main Statutes Relevant for Civil Procedure:
1. Rules of Civil Procedure: extremely rule-based area of law; incl. deadlines for civil process
o allows private individuals to resolve disputes in a way that’s orderly and predictable
o Code of procedure for civil proceedings and general framework for litigation process
o Amendment: Implemented Jan 1, 2020 focused on Rule 76 Simplified Procedure
2. Courts of Justice Act: broader scope than Rules of Civil Procedure
o Legislation establishing court system, provides basic procedural & substantive rules of civil
actions
o Sets out and details the jurisdiction of Ontario Courts, the manner in which these courts
operate, and other matters affiliated with the makeup and function of the courts
o Addresses: SCJ; Divisional Court; Family Court; Small Claims; ONCJ; Provincial Judges;
Ontario Judicial Council and Provincial Judges Renumeration

Consolidated Provincial Practice Directions—rules and practices that pertain to specific provinces
Purpose of Civil Justice System: mechanism whereby members can resolve disputes peacefully and
where necessary, in a binding fashion

Means by which disputes may be resolved peacefully through the medium of independent,
objective and 3rd party intervention (Ministry of Attorney General)
Traditional Court System: adversarial in nature judge/jury decides outcome of case
Civil Litigation: using court system to help facilitate resolution and resolve dispute
 Court process used to resolve disputes and conflicts where one person claims that the acts of
another have caused harm. If the type of harm is recognized by law then the party who caused the
harm will be ordered by court to compensate the party who was harmed (Olivio & Kelly)
Goal of Civil Litigation/Civil Justice System: Restore party to position they were in prior to the harm
caused by providing compensation—compensate victim for their injuries/losses
Civil Dispute Resolution: solving a civil dispute
Alternative Dispute Resolution: alternatives to court; to curtail some costs, delays and formalities of court
Structure and Purpose of Civil Procedure, Gary Watson
 Civil Procedure: Rules which have to be followed in the conduct of a particular type of dispute
resolution; adjudication in the courts

Adjudication: judge hears evidence; makes a finding of fact; applies the law to reach decision

Trial not required where: no genuine issues of fact to be resolved; no reasonable cause of action
or defence

Due Process Perspective: process of adjudication should be fair to both parties

Fairness: being given notice, right to be heard, impartial decision-maker, matters dealt in timely
manner; reasoning for decision; right to appeal
Stages of a Civil Proceeding:
1) Hire Lawyer 2) Preliminary Research and Investigations 3) Commence Proceedings 
4) Exchange of Pleadings 5) Examinations of Discovery, Discovery of Documents; and/or other discovery
6) Motions to Establish Pretrial Matters 7) Pretrial Conference and Preparation for Trial 8) Trial 9) Appeals
Offer to Settle: Offer made as an attempt to settle before trial; if accepted then pleadings closed
Stages of Proceeding Under Simplified Procedure Rule 76 —ensures/provides expedited process
 No written Examinations; No Cross-Exam of Affidavit; No Examination of Witness; No Trial by Jury
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Chapter 1 Summary
PROFESSIONALISM/ ETHICAL LAWYERING
 Benchers: member from Law Society who govern and enforce standards regarding ethics

Rules of Professional Conduct (LSO): express high ethical ideals of lawyers and specify bases on
which they may be disciplined
How the Butler Made Me Do It: The Perverted Professionalism—Rob Atkins
 Stevens Neutral Partnership: traditional model of lawyering
o Zealous advocacy; all about client—client’s interest comes before lawyers interest
o Professional role separated by personal life; sees client as sole moral compass
 Kentons Moral Activism: professional role and personal morals can’t be separated
o Purpose of law to promote justice not only advance client’s interest
o Sees lawyer as sole moral compass
 Stevens & Kentons Common Ground—Moral Isolationism: both isolated/wrong approaches
Responsibility of Lawyers for the Justice of Their Causes—D. Kennedy
 Therapeutic Lawyering: Lawyers morals and beliefs, as well as morals and beliefs of clients
should impact and influence decision to represent a client
 Should choose your clients wisely and take responsibility for professional actions
Legal Ethics for a Fragmented Society: Between Professional and Personal—A.C. Hutchinson
 Traditional view of ethical lawyer: idea of lawyers as super-technocrats
 Emphasizes lawyers shouldn’t neglect moral considerations; should start looking at how good
persons and good lawyers can co-exist in the SAME person
Sustainable Professionalism—Trevor Farrow
 Challenges traditional visions of lawyering
 Argues: traditional view is lost—lawyers no longer viewed as ‘hired guns’; shouldn’t be all about
client or justice system or lawyer
 Need Of New Lawyering Sensibility: not of moral superiority but of individual and collective
sustainability
o Balance of 3: client, justice system and lawyer  middle ground
o Up to the lawyer to ask questions of who to represent and what does justice require?
Everyday Legal Problems—Trevor Farrow
 Everyone will experience at least one everyday legal problem over course of their lifetime
 Everyday Legal Problems: law and legal dilemmas and issues of everyday life
o Problem arising out of normal activities of people’s daily lives that has a legal aspect and
potential legal solution
o Most Regularly Occurring: consumer; debt; employment; family; personal injury
 Problem with Justice System: unaffordable and costly
o Some Canadians, particularly those with fewer resources and those who see themselves
more on the margins of society, don’t view the justice system as fair, accessible or
reflective of them or their needs
 Most frequent expenses to resolve legal dispute: 1. Lawyer fees 2. Transportation Costs
o Roughly 81.2% experienced/developed a physical health issue due to legal problem
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