Calgary, Alberta: Civil Litigation

Front 1

What is an application? Who do you present this document to?

Back 1

In any situation where parties have a PROCEDURAL issue that they are unable to resolve and that Rules do not address, either party may bring this document to the Alberta Court of Queen's Bench, more specifically Chambers.

Front 2

Define Applicant and Respondent.

Back 2

Applicant is the party making the application
Respondent is the party on the other side (receiving the application)

Front 3

What is another term for Applications Without Notice?

Back 3

Ex parte.

Front 4

Define Application Without Notice.

Back 4

A procedural issue that a party brings to the Alberta Court of Queen's Bench without giving advance notice to the Respondent.

Front 5

Who appears in Court when you have an Application without Notice?

Back 5

The Applicant's lawyer, as the Respondent's lawyer was not informed.

Front 6

List three situations that involve Applications Without Notice?

Back 6

(1) Substitutional Service
(2) Service Outside of the Country
(3) Urgent Situation that would make the situation worse if you gave notice to the other side.
*i.e. Restraining Order

Front 7

What are the dangers of using Applications Without Notice improperly?

Back 7

Lawyer can be disciplined by the Law Society.

Front 8

Applications are designed to resolve disputes holding up a lawsuit. Where are applications made?

Back 8

In Chambers (within Court of Queen's Bench), proceedings are informal and fast.

Front 9

List two Chambers and explain key differences.

Back 9

(1) Justice's Chambers: Q.B. Judge presiding over Chambers. They have the power to solve a wide variety of procedural disputes.

(2) Master's Chambers: a lawyer, who is a court official, employed by Q.B. to preside over Chambers and has some powers over of a Judge. Cannot hear family law applications

Front 10

Despite Chambers being open to the public, who normally attends?

Back 10

Some clients, mainly lawyers.

Front 11

Calgary and Edmonton hear court cases every court day. Who is in the four courtrooms and what do they hear?

Back 11

(1,2) Two Masters that hear applications in separate courtrooms.

(3) One Justice that hears civil lawsuit applications.

(4) Fourth courtroom belongs to the Justice hearing family law applications only.

Front 12

List five Applications Masters have jurisdiction over:

Back 12

Application involving a landlord or tenant
Application involving mortgage foreclosure
Application to change venue
Application for Order for Substitutional Service
Application to compel particulars
Application to amend pleadings
Application to compel Affidavit of Records
Application to compel answers to questions at questioning

Front 13

List five Applications Justices have jurisdiction over:

Back 13

Application for an injunction
Application for summary trial
Application to appeal from Master's Order
Application to schedule a trial date
Application in divorce cases
Application for Summary Judgement - non-liquidated damages

Front 14

An Application Without Notice requires two documents plus this form, list them.

Back 14

Affidavit, Order and Clerk's Form.

Front 15

Define an Affidavit and Order in an Application Without Notice.

Back 15

Affidavit sets out evidence that supports to Applicant's request for this Order

Order sets out what the Applicant hopes the Judge ro Master will decide

Front 16

Why is a lawyer never a deponent?

Back 16

Deponent's can be cross examined, if a lawyer was a deponent that would make them a witness, which would then make them personally involved in the case thereby resulting in the discontinuance of them representing their client.

Front 17

Who is usually the deponent in an Application without Notice?

Back 17

Legal Assistants when it involves events within the law office.

Clients when it involves events in their life.

Front 18

What are the rules to an Affidavit and what is the Form Number?

Back 18

Form 49:
must be written in first person
state the following: full name of deponent, the date Affidavit was sworn, and deponent's place of residence (not street address)

Front 19

What are some characteristics of exhibits other than the fact that they are a paper or document attached to an Affidavit that made reference to it?

Back 19

-must be stamped with the law firm's exhibit stamp
-numbered or lettered consecutively
-must also be notarized or commissioned by the same individual who commissioned or notarized the Affidavit.

Front 20

Aside from Order for Substitutional Service what is the general title for an Order without notice?

Back 20

Order Without Notice

Front 21

What is the standard introductory paragraph in an Order without notice?*

Back 21

UPON THE APPLICATION of the Plaintiff, Without Notice; AND UPON HEARING the submissions of counsel for the Plaintiff; AND UPON READING the Affidavit of [ name of deponent for the Applicant's Affidavit], filed;

*Plaintiff/Defendant are interchangeable terms here

Front 22

Court orders do one of two things, list them.

*A deadline MUST be set out for the time party has.*

Back 22

(1) Give Applicant permission to do something

(2) Compel Respondent to do something

Front 23

It is common to use this phrase when stating a deadline because it allows the Judge or Master to decide.

Back 23

"within __ days"

Front 24

What does within 10 days mean on an Order?

Back 24

Within 10 days of the court date.

NOT the date the Order was filed and served

Front 25

What is usually set out when the Respondent is ordered to not do something?

Back 25

The resulting punishment if they fail to comply.

Front 26

What do costs mean?

Back 26

an amount meant to provide some payment towards a party's legal fees in a lawsuit may also refer to all the reasonable expenses that a party incurs in carrying on a lawsuit

Front 27

What is the final paragraph in an order for Application Without Notice and what does it mean?

Back 27

Costs of this application shall be in the cause.

: whoever loses the lawsuit must pay for the costs of the application no matter who won the application itself.

Front 28

Who signs the Order in an Application Without Notice and what is written below the signature line?

Back 28

Master or Judge.

M.C.C.Q.B.A = Master in Chambers, Court of Queen's Bench of Alberta

Front 29

Once signed the Order and Affidavit can be filed and...

Back 29

served to the Respondent.

Front 30

What three documents are prepared in regards to an Application on Notice?

Back 30

(1) Application
(2) Affidavit
(3) Order

Front 31

The three documents prepared for an Application On Notice must be ________ with each other, meaning?

Back 31

consistent, meaning the evidence should support the order and the application should be the exact same.

*SEE EXAMPLE

Front 32

Define Application (Form 27)

Back 32

Sets up the time and place for the application, and tells the Respondent when the application will be heard and what the application is about.

Front 33

What is usually included in the title for Applications?

Back 33

Application "...to strike defence" "...to compel particulars"

Front 34

What is the address to Calgary's Court House?

Back 34

CALGARY COURTS CENTRE
601 - 5 STREET SW
CALGARY, ALBERTA

Front 35

What do you put in "Before Whom" spot on an Application?

Back 35

Presiding Master/Justice in Chambers.

Front 36

What is the usually remedy or claim sought in an Application With Notice?

Back 36

A Court Order.

Front 37

What does "leave" mean in law?

Back 37

Permission.

Front 38

Contrast Costs in the cause and Costs in any event of the cause.

Back 38

: loser of overall lawsuit pays the legal costs of winner
: loser of application pays the legal costs of winner

Front 39

In an Application what point of view are things written in? Provide an example.

Back 39

Third person.

The Plaintiff shall have leave to amend the Statement of Claim.

Front 40

List the six things on an Application. Elucidate if you can.

HINT: R,G,E,R,A,H

Back 40

(1) Remedy or Claim Sought + Costs (Court Order)
(2) Grounds (summarize Affidavit)
(3) Evidence (exhibit in Affidavit)
(4) Rules (of court)
(5) Act or Regulation (Statute)
(6) Heard (Method)

Front 41

What do you put for "Grounds for making the application" ?

Back 41

The details are set out in the Affidavit - summarize them in a few sentences.

Front 42

What is the deadline for filing and serving an Application and Affidavit? (on Notice)

Back 42

Five days before court.

Front 43

If the Respondent ignores the Application what can the Applicant do? What happens on Chambers date?

Back 43

Prepare and file an Affidavit of Service to prove the Respondent was properly served. Master or Judge will decide the application without Respondent.

Front 44

If the Respondent wishes to contest an application what is usually their first step and why?

Back 44

Request an adjournment because the Applicant always sets up a Chambers date without consulting the Respondent meaning they have little time to form a response.

Front 45

How do you go about requesting an adjournment on an application?

Back 45

Respondent's lawyer writes to the Applicant's lawyer, who usually agrees as per professional conduct. If not, they can ask the Court on the date for an adjournment.

Front 46

An adjournment can be adjourned ____ ___ which means....
This is commonly used when parties are close to resolving a dispute.

Back 46

Sine die which means an indefinite date in the future.

Front 47

An Affidavit is prepared for the contested Application as well, what is the deadline for filing and serving this to the Applicant and court house?

Back 47

Within a reasonable time before court.

Front 48

This right applies to an Affidavit in civil litigation

Back 48

The right to question a deponent.

Front 49

Who must be present when questioning on an Affidavit?

Back 49

A court reporter.

Front 50

Define transcript.

Back 50

Written record of something.

: record of Q&A on an Affidavit

Front 51

How do court reporters charge? What type of fee is this? Who pays this fee?

Back 51

Charge per character typed. Disbursement paid by law firm that will be charged back to the client.

Front 52

What two documents are needed when Questioning on an Affidavit, what is the deadline for serving these documents?

Back 52

Notice of Appointment for Questioning and Allowance.

AT LEAST 20 days before the date for questioning.

Front 53

What is allowance? What four things does this cover?*

Back 53

Amount of money paid to a witness to attend a proceeding.

(1) Travel expenses (per kilometre)
(2) $50.00 per day for witness' time and trouble
(3) Accommodation
(4) Meals

*Client will be billed eventually

Front 54

What happens if the Deponent fails to attend the Questioning?

Back 54

Lawyer MUST reimburse the other law firm for the amount of this allowance.
The party can then make an Application to Court for an Order compelling the other party to attend the Questioning

Front 55

Chambers application will be heard after this document is filed with the Court.

HINT: Contest

Back 55

Transcript of Questioning

Front 56

What is the introductory paragraph on an Order for an Application On Notice? (3)

Back 56

UPON THE APPLICATION of the Applicant; AND UPON READING the Affidavits of [name of deponent for the Applicant's Affidavit] and Affidavit of [name of deponent for the Respondent's Affidavit], filed; AND UPON HEARING the submissions of counsel for the Applicant and counsel for the Respondent.

OR

mention of transcripts

OR

mention of proof of service

Front 57

An Order is filed before or after the Judge or Master signs it?

Back 57

After, it is merrily a draft before.

Front 58

If an Order is approved what is the deadline for it to be filed and served?

Back 58

Within three months of the date it was granted by the Master or Judge.

Front 59

If the Order is written AFTER Chambers, what is the deadline for sending it to be reviewed by the other party?

Back 59

Within 10 days of the Judge's or Master's decision.

Front 60

The Respondent or Applicant has three choices when an Order is presented to them AFTER chambers, list and explain them.

Back 60

(1) Agrees with Order: Other side will sign and return the Order within 10 days of receiving it.
(2) Disagrees with Order: Other side must provide reasons for disagreement of the Order within 10 days of receiving it.
(3) Ignoring the Order: Within the 10 day period, the serving side must prepare an Affidavit of Service to prove the other side side did indeed receive the draft Order.

Front 61

What is a certified copy of an Order?

Back 61

: has been stamped and sealed by staff at the court house to confirm that is a true copy of the filed Order.

Front 62

Applications that take more than 20 minutes are scheduled in ________ Chambers and usually heard during the ________. These applications must be arranged through the Judge's _________.

Back 62

Special Chambers
Afternoon
Chamber Clerk

Front 63

What is a Consent Order

Back 63

Arises when an Applicant has filed and served the Application and Affidavit on the Respondent, if they agree they may sign this document.

Front 64

True or False: Both lawyers should be present when going to Chambers in regards to a Consent Order?

Back 64

False, only one lawyer needs to go.

Front 65

What is set out in the list?

Back 65

(1) Court file number
(2) Name of each party
(3) Each party's counsel

Front 66

In terms of Chambers, name the issues the Judge/Master will address in order. *

Back 66

(1) Adjournments
(2) Applications w/o Notice
(3) Consent Orders
(4) The list for all other applications

Senior lawyers go before junior lawyers.

Front 67

What is the dead line for filing a Reply to Defence?

Back 67

Within 10 days of being served the Statement of Defence.

Front 68

What is a Reply to Defence?

Back 68

The Plaintiff address any NEW ISSUES brought up by the Statement of Defence.

*Plaintiff can only address issues from the Defendant not add more things to their Statement of Claim

Front 69

If a pleading is too vague what can each side do?

Back 69

A Request for Particulars.

10 days.

Front 70

What pleading would a Defendant use if they needed to provide particulars to their Statement of Defence?

Deadline?

Back 70

A Response to Request for Particulars

10 days

Front 71

What is the defence pleading called in a Counterclaim/ Third Party Claim?

Deadline?

Back 71

Statement of Defence to Counterclaim/Third Party Claim

20 days from the date claim was served.

Front 72

Why would a Demand for Notice be prepared in terms of Counterclaim/Third Party Claim lawsuits?

Deadline to file and serve?

Back 72

If the Defendant(original Plaintiff) does not wish to contest the claim but address the issue of damages.

20 days from the date claim was served.

Front 73

What pleading is used in reponse to a Reply to Defence?

Back 73

None.

Front 74

Can a Third Party Claim bring in another Third Party Claim?

Back 74

Yes.

Front 75

Each party has the automatic right to amend their pleadings until....

Back 75

It is closed.

Front 76

If pleadings have closed and you wish to amend what must you do? What happens if a limitation period has expired?

Back 76

Gain permission from other party(s) and the Court. The other side may be hesitant to give a requested amendment once the limitation period expires.

Front 77

What is the dead line to prepare, file and serve an amended pleading in response to an amended party?

Back 77

10 days.

Front 78

When does close of pleadings occur?

Back 78

(1) A Reply is filed and served by a Plaintiff, Plaintiff by Counterclaim or Third Party Plaintiff
OR
(2)The time for filing and serving a Reply expires

Meaning 10 days after the Statement of Defence, Statement of Defence to Counterclaim is filed and served or when Reply is filed and served.

Front 79

A Plaintiff or Defendant can apply to the Court for a Summary Judgement on the grounds of three things, list them.

Back 79

(1) There is no defence to the claim;
(2) There is no merit to the claims in the pleading; or
(3) The only real issue between the parties is the amount to be rewarded

Front 80

When can a summary judgement be used?

Back 80

When there is no triable issue or point in bringing it through the legal system.

Front 81

True or False: A Summary Judgement includes an Application Without Notice and an Affidavit.

Back 81

False. It includes an Application on Notice, Affidavit and Order.

Front 82

In a Summary Judgement what does the Affidavit need to include?

Back 82

Evidence there is no claim, or defence, or no issue other than damages.

Front 83

In a Summary Judgement application, if the Court recognizes that only damages is the issue what do they do?

Back 83

Court will direct that the lawsuit proceed only to assess the amount in dispute between the parties.

Front 84

How often is Summary Judgement used?

Back 84

In practice, courts are very reluctant to end or limit a lawsuit by summary judgement because they are reluctant to deprive a party of his or her right to bring or to defend a lawsuit.

Front 85

What are four types of evidence parties can present in a Summary Trial?

Back 85

(1) Affidavits;
(2) Transcripts from Questioning;
(3) Documents; and
(4) Oral evidence where the Judge agrees to hear this type of evidence

Front 86

Is the Summary Trial judge the same as the subsequent full trial judge?

Back 86

Only if parties request it.

Front 87

How does Default Judgement usually arise? (2)

Back 87

(1) When the Defendant did not file his or her Statement of Defence or Demand for Notice within the required time limit.

(2) The Plaintiff made a successful application for summary judgement and the Defendant's Statement of Defence was struck out by the Court.

Front 88

How can a Plaintiff go about winning a lawsuit by Default Judgement?

Back 88

Prove that the Defendant knew both that he or she was being sued and that there was a time limit in which to respond.

Front 89

In order to obtain a Default Judgement you must decide what claim your lawsuit is. List them.

Back 89

(1) Liquidated Claim
(2) Un-Liquidated Claim

Front 90

What is an unliquidated claim? Where can we see this?

Back 90

This claim is imprecise and must therefore be assessed by a Judge. This applies to personal injury lawsuits in general.

Front 91

What are the two documents needed when obtaining a Default Judgement for a Liquidated Claim lawsuit?

Back 91

Affidavit of Service, Default Judgement and Bill of Costs

Front 92

What happens when a Demand For Notice is filed in a Default Judgement for liquidated claim?

Back 92

The Plaintiff must respond with an Application and Affidavit for Default Judgement explaining why they deserve the amount of damages requested.

Front 93

How do you amend a document?

Back 93

Use a carot symbol (^) whenever you remove information.
Information that is added must be underlined or add a different color.

Front 94

What documents do you need if you are a seeking a default judgement for a liquidated claim or property?

Back 94

Affidavit of Service, since they did not respond and default judgement and Bill of Costs.

Front 95

What is Bill of Costs?

Back 95

-portion of the document that sets out exact calculation of the Plaintiff's legal costs that are payable by the defendant.

Front 96

What does the Default Judgement (like an order) state?

Back 96

-judgement sets out the exact amount of money the Plaintiff is claiming from the Defendant;

-including the actual claim itself;

-interest on the claim; and

-the plaintiff's legal costs

Front 97

When do you use an Affidavit of Service?

Back 97

When the Defendant has failed to respond.

Front 98

What does it mean when a Demand For Notice is filed? Who files this?

Back 98

The defendant files this.

It means the Defendant admits to the claim (liability) but contests the amount of damages.

Front 99

True or False: A Demand for Notice is filed on Notice.

Back 99

True. A Demand for Notice means the Defendant has responded.

Front 100

Does a Demand for Notice require an Affidavit of Service? Why or Why not?

Back 100

No, because the Defendant responded.

Front 101

What documents do you need when a Demand for Notice has been filed? Who is submitting these documents?

***Defendant

Back 101

The Plaintiff files and serves

1. Application ON NOTICE
(notify Defendant when and where judgement is to be held)
2. Affidavit for Default Judgement
(why Plaintiff deserves amount of damages)

**DEFENDANT MAY ALSO SERVE AN AFFIDAVIT STATING WHY THEY DISPUTE DAMAGES

Front 102

At the hearing of an Application involving a dispute for damages what will the judge do?
What will the Plaintiff do?

*Hint: Demand for Notice*

Back 102

Grant a Default Judgement - plaintiff must then file and serve Default Judgement and Bill of Costs

Front 103

What is Quantum?

Back 103

Amount.

Front 104

When do you use Noting in Default?

Back 104

When the claim is unliquidated and the Defendant has not responded

Front 105

When you are dealing with a Default Judgement for an Unliquidated claim when a Demand for Notice HAS NOT BEEN FILED AND SERVED what documents do you prepare? (4)

Once Judge hears the lawyer will prepare what documents next? (2)

Back 105

-Noting in Default (Plaintiff does not need to serve)
-Affidavit of Service (prove Statement of Claim)
-Application without Notice
-Affidavit of Default Judgement (why Plaintiff deserves money)

-Default Judgement and Bill of Costs

Front 106

What are the last things you do to close a file?

Back 106

(1) Report Letter
(2) Trust Account Reconciliation

Front 107

What is the reporting letter?

Back 107

Prepared from a precedent it informs the client that file is complete.

Front 108

What is another word for Trust Account Reconciliation?

What is it?

Back 108

Statement of trust monies received and disbursed that is enclosed in the final reporting letter.

It sets out the date and reason money was deposited or withdrawn from trust.

Includes everything in law procedures.
This must balance in = out

Front 109

M.C.C.Q.B.A.

Back 109

Master in Chambers, Court of Queen's Bench of Alberta

Front 110

Define Master

Back 110

Employed by the Queen's Bench, a court official with some but not all powers of the judge.

Front 111

Define Judge

Back 111

All powers are granted, a lawyer who studies for 10 years.

Front 112

Define Adjournment

Back 112

postponing of proceedings; dismissal of further court either temporary or permanent.

Front 113

Define allowance

Back 113

amount of money paid to a witness to attend a proceeding

Front 114

Define Certified Copy

Back 114

Copy of the Order that has been stamped and sealed by staff at the court house to confirm that it is a true copy of the filed order

Front 115

Define Submissions

Back 115

verbal summary of the facts and legal arguments to the judge or master

Front 116

Define Close of Pleadings

Back 116

the process of ending pleading filed so the lawsuit can continue

Front 117

Define Questioning on Affidavit

Back 117

the right to question the other side's deponent on their affidavit, in any civil litigation case in the presence of a court reporter

Front 118

Define Statement of Account

Back 118

The bill a lawyer sends to their client, it is divided into three categories, fees, disbursements, and other charges.

Front 119

Define Appellant

Back 119

the party who wishes to appeal within 30 days after judgement given

Front 120

Define Notice of Application

Back 120

Similar to the Application of QB except without supporting Affidavit used in PC

Front 121

Define Provincial Court

Back 121

Informal court that hears cases seeking monetary claims under $25,000 and does not hear family law cases.

Front 122

Define Civil Claim

Back 122

Similar to Statement of Claim form used in QB. Used in PC

Front 123

If your lawyer goes to judge's office, she is in...

Back 123

Private Chambers

Front 124

Aside from Substitution Service/Outside Service what other Application without notice should you know:

Back 124

Restraining Order/Emergency Protective Order

Front 125

In a Provincial Court lawsuit the Plaintiff files and serves...

Back 125

Civil Claim

Front 126

The Defendant's pleading is called___________ in a Provincial Court

Back 126

Dispute Note

Front 127

What is a liquidated claim?
Provide examples of damages that are liquidated

Back 127

Precise, can be calculated
Car damages
Contract amount for cheque bounced
Wrongful dismissal wages

Front 128

Aside from costs in any event to the cause what else do you need to know?

Back 128

What type of cost it is.

Front 129

What is Schedule C?

Back 129

Party-Party Costs

Front 130

Future adornments should be done...
Starting an adornment on the day of should be done..

Back 130

Online
In Person

Front 131

You must make an application, affidavit and order when pleadings have closed and you wish to amend. True or False?

Back 131

True (Reply to Defence is the last pleading)

Front 132

How can you tell you are looking at a consent order?

Back 132

(1) Titled Consent Order
(2) Signature line for other lawyer
(3) AND UPON NOTING

Front 133

How do you know an Order is prepared for a contested application?

Back 133

Signed by other lawyer.

Front 134

Can you appeal a Master's Order?

Back 134

Yes, to a Justice.

Front 135

What is the filing deadline for Notice of Appointment for Questioning on Affidavit?

Back 135

Must give AT LEAST 20 days notice.

Front 136

What is the deadline to file a Reply to Defence?

Back 136

10 days to file and serve from when you were served with the Statement of Defence

Front 137

What is the filing deadline for the Respondent's Affidavit?

Back 137

Reasonable time before court - no deadline.

Front 138

What is the filing deadline for an Applicant's Affidavit for contest (on notice) application?

Back 138

5 days before the application is heard in Chambers

Front 139

What is the filing deadline for Application on Notice?

Back 139

5 days before the application is heard in Chambers

Front 140

What is the filing deadline for an Order?

Back 140

Within 3 months of the date it was granted by the Master or Judge.

Front 141

List two examples of Applications on Notice:

Back 141

Application to compel answers to questions at questioning
Application to compel Affidavit of Records
Application to compel production of records

Front 142

Party-Party Costs is pursuant to...

Back 142

Schedule C

Front 143

What are the five options a Respondent has to an Application on Notice?

Back 143

Ignore application
Adjournment
Contest Adjournment
Contest Application
Contest Application by Questioning

Front 144

What steps do you take to obtain a Default Judgement for a liquidated claim?

Back 144

Affidavit of Service
Default Judgement and Bill of Costs

Front 145

What steps do you take to obtain a Default Judgement for an unliquidated claim?

Back 145

Noting in Default
Affidavit of Service
Affidavit of Default Judgement

Default Judgement + Bill of Costs

Front 146

What steps do you take to obtain a Default Judgement for a liquidated claim when Demand for Notice is filed?

Back 146

Application on Notice
Affidavit of Default Judgement

Default Judgement + Bill of Costs

Front 147

What are the four types of way to end a lawsuit prematurely after Close of Pleadings?

Back 147

Summary Trial
Summary Judgement
Default Judgement - Liquidated
Default Judgement - Unliquidated

Front 148

What is a Summary Trial?

Back 148

designed to end a lawsuit at an early stage, you may use affidavits, transcripts of questioning, documents and oral - if judge allows it as evidence.

Front 149

What is a Summary Judgement?

Back 149

1. No defence to claim
2. No merit to the claims in pleadings
3. Only issue between parties is the amount to be awarded.

Judge decides what and who is to awarded

Front 150

What are three outcomes of a Summary Trial?

Back 150

Adjournment, Summary Judgement, Dismiss

Front 151

Compare/Contrast Queen's Bench with Provincial Court (10)

Back 151

PROVINCIAL COURT
1. Different Documents - Civil Claim/Dispute Note
2. <$25,000.00 monetary claims
3. inferior/informal trial court
4. cannot hear breach of promise to marry
5. cannot deal with divorce cases
6. Party-Party Costs start at $100-$200
QUEEN'S BENCH
1. No monetary cap
2. Different Documents - Statement of Claim
3. Deals with divorce cases
4. Formal trial court
5. Claims for party-party costs start at $1000.00

Front 152

Explain documents and limitations when starting a lawsuit at Provincial Court.

Back 152

Civil Claim - 1 year
Notice of Application - After 20 Days
Affidavit of Substitutional Service
Order
Dispute Note - within 20 days
Settlement
Notice of Hearing
Default Judgement
Notice to Attend
30 and 37 days PC v QB
Notice of Appeal with Transcription,
Affidavit of Service,
Notice to Respondent

Front 153

Compare/Contrast four types of Costs

Back 153

Solicitor-Own-Client Costs: winning party collects all legal costs including contingency fee
Solicitor-Client Costs: winning party collects all reasonable fees but not contingency fee
Party-Party Costs: allows parties to collect costs based on Schedule C
Fixed Costs: judge or master will decide exact amount of costs to be awarded

Front 154

What is the deadline for sending out Notice of Appointment for Questioning with allowance?

Back 154

at least 20 days before Questioning

Front 155

At least 20 days before Questioning what should a legal assistant prepare?

Back 155

Prepare, file and serve: Notice of Appointment for Questioning with allowance.

Front 156

What is the last pleading? What/when is Close of Pleadings?

Back 156

Reply to Defence.

When all pleadings are completed and deadlines have expired.

Close of Pleadings occurs when the Reply to Defence has been filed and served or the time to do so has expired.

Front 157

What do you put in an Affidavit of Default Judgement?

Back 157

Why you think you deserve the amount.