Now in its eighth edition, The Civil Litigation Process: Cases and Materials remains Canada's leading casebook on civil procedure. The new edition reflects recent developments in the law and embodies changes in the evolving approach to the teaching and learning of procedural law in Canadian classrooms.
While the basic structure of the book has not changed, the authors have updated numerous topics and materials — including Indigenous dispute resolution, constitutional rights to legal services, expert witness, and national class actions — and have made adjustments to the focus and sequence of the topics of continuing interest.
The eighth edition is organized into 12 chapters — mindful of the need to keep the text manageable and user-friendly within the time constraints of the standard Canadian law school semester. The authors have condensed each excerpt and each section of notes and questions.
The Civil Litigation Process, 8th Edition is truly national in scope, referring to cases and rules from all common-law provinces. It draws on the strong tradition of teachers and scholars of procedural law in Canada, with an author team of specialists from across the country: Janet Walker (general editor), Jane Bailey, Barbara Billingsley, David A. Crerar, and Erik S. Knutsen. Their collaborative efforts throughout the developmental process have resulted in a comprehensive, efficient, and exceptionally teachable resource.
Chapter 1: Civil Litigation and Dispute Resolution
Chapter 2: The Professional and Economic Context
Chapter 3: Commencing Civil Proceedings
- Court Structure
- Jurisdiction
- Limitations
- Service
Chapter 4: The Scope of the Matter
- Joinder of Claims
- Res Judicata
- Issue Estoppel
Chapter 5: Parties and Participants
- Standing
- Joinder of Parties
- Intervention
- Experts
Chapter 6: Pleadings
- Nature and Function
- Substantive Content
- Amendment
Chapter 7: Discovery
- Documentary
- Physical
- Oral Examinations
Chapter 8: Privilege and Confidentiality
- Solicitor/Client
- Litigation Privilege
- Deemed Undertakings
Chapter 9: Pre-trial Relief and Disposition without Trial
- Motions
- Interim Relief
- Summary Judgment
- Default Proceedings
Chapter 10: Case Management, Settlement, and Mediation
- Case Management
- Mediation
- Settlement
Chapter 11: Trials and Appeals
- Factfinding
- Bifurcation
- Juries
- Appellate Process
Chapter 12: Class Proceedings
- Certification
- Mutlijurisdictional Classes
- Settlement
- Costs and Fees
Index