Civil Law
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Affidavit of Documents
It is important that after the pleadings have been made that the list of all documents which we intend to use for trial are compiled and sent to the opposing party. The Affidavit of Documents is a collection of all the material which you indicate under oath, reflect was, and has been, in your possession. Certain documents may warrant continued privacy, these documents are known as privileged. The name of these documents must also be disclosed but not their content unless the court orders otherwise. By completing the Affidavit of Documents it allows for you to begin questioning the other side in what is known as Examination for Discovery.

Examination for Discovery
An examination for discovery is a very important step in the civil process. Preparation for Discovery requires your involvement and review of our questions as well as your suggestions.  This step involves both sides meeting at an examination center, and taking the opportunity to question the opposing side’s clients and witnesses. The process can be very lengthy and can span approximately two days per potential witness. To shorten the length and cost to you, certain admissions regarding documents, place, and time will be asked of you before proceeding.

Motions
Within the Civil Process disagreements can arise between the opposing sides which can hinder the progress of the claim, such as production of documents, failure to satisfy promises that were made during the Examination of Discoveries (known as Undertakings). When this occurs, motions are brought before the court and a judge makes a determination on that specific issue. Once a judge renders a decision the issue has been disposed of and any cost rulings are final. If costs for a motion are not satisfied, the party who is in breach of the order cannot proceed without reprisal.

Status Hearings
Status hearings are meetings with the two opposing sides and a judge. It is here that there is a discussion regarding the potential witnesses for trial and what the issues will be. The Judge will opine regarding his impressions of the case and possible room for resolution.

Trial:
All trials take place in the Superior Court of Justice.

 
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Jason E. Bogle
Double B.A Hons LL.B
Barrister & Solicitor

137 Berkeley Street, Toronto ON M5A 2X1
Phone: 416.482.0799
Fax: 416.482.0792