Ontario Annual Practice 2019-2020 Edition (Student)
By: James J. Carthy, W.A. Derry Millar, B.A., LL.B., Jeff G. Cowan, B.A., LL.B., Dip.L., LL.M.
ISBN/ISSN/Product Number: 978-0-7798-9080-4
Product Type: Book + CD-ROM
Number of Pages: 2200 pages + forms (1040 pgs)
Number of Volumes: 2 volumes bound
Binding: softcover
Publication Date: 2019-06-24
Publisher: Canada Law Book
Price: Price TBD

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Description

Gain a solid understanding of the rules of civil procedure in Ontario with Ontario Annual Practice 2019-2020

The Ontario Annual Practice 2019-2020 contains the latest developments in legislation, jurisprudence and authoritative author analysis to guide you on the rules of civil procedure, the rules of court, and statutory tribunals. It consists of:

1. Main Volume – Print Get the critical legislation to help you understand the Rules of Civil Procedure in this one volume including:

  • The Rules of Civil Procedure annotated with references to the most relevant case law and a synopsis of each rule, as well as the authors' expert commentary and advocacy notes
  • Annotated versions of related legislation including:
    • Courts of Justice Act
    • Class Proceedings Act, 1992 and portions of the Law Society Act relevant to Class Actions
    • Judicial Review Procedure Act
    • Statutory Powers Procedure Act
    • Evidence Act
    • Limitations Act, 2002
  • The Legislation Act, 2006, relevant portions of the Environmental Bill of Rights, 1993 and the Legal Aid Services Act, 1998
  • Family Law Rules – with case annotations
  • Small Claims Court Rules – with case annotations
  • Paper supplements are issued as required to subscription customers including legislative changes, Notices to the Profession and Practice Directions

Additional features

  • Procedural Guide – utlines major step in actions, applications, judicial reviews, motions and appeals
  • An overview of recent developments to keep you current
  • Highlighted Practice Directions, Notices to the Profession and Regulations
  • Limitations Act Questionnaire – determines whether proceedings in respect of a claim would be met with defence under the Act
  • Frequently called numbers – lists important and frequently used contact information

2. Forms and Table of Cases Volume – Print

This volume provides you with a Table of Cases and easy access to the essential forms related to various legislations including:

  • Statutory Powers Procedure Act
  • Rules of Civil Procedure
  • Family Law Rules
  • Rules of the Small Claims Court

3. CD-ROM

  • Easily searchable Word fillable forms

New and updated in this edition

Legislation current to Ontario Gazette Vol. 152:06

 

Legislative Amendments

 

  • Amendments to the Rules of Civil Procedure include
    • O. Reg. 536/18 (IF January 1, 2019)
    • O. Reg. 537/18 (IF December 21, 2018 and January 1, 2019)
  • Amendments to the Family Law Rules include
  • O. Reg.  385/18 (IF May 8, 2018)
  • O. Reg. 418/18 (IF August 31, 2018)
  • O. Reg. 535/18 (IF January 1, 2019 and February 25, 2019)
  • Amendments to the Courts of Justice Act include
  • 2018, c. 8, Sched. 15, s. 8 (IF May 8, 2018)
  • 2018, c. 17, Sched. 10 (IF December 6, 2018)

 

Amendments to Practice Directions

 

New and Updated Practice Directions for the Ontario Superior Court of Justice were added up to an including the recent February ones:

 

  • Practice Advisory Concerning the Provincial Civil Case Management Pilot – One Judge Model (Effective February 1, 2019)
  • Practice Advisory Concerning Electronic Documents in Commercial List Proceedings (Effective February 11, 2019)

 

A number of Practice Directions have been updated including

  • Practice Advisory Concerning Long motions in the Central East Region June 15 2018
  • Consolidated Practice Direction Concerning Family Cases in Central East Region (July 1, 2018
  • Consolidated Practice Direction for the Northeast Region (October 26, 2018)
  • Consolidated Practice Direction for the Northwest Region (October 26, 2018)
  • Consolidated Practice Direction Concerning Family Cases in the Northwest Region (September 4, 2018)
  • Practice Direction Regarding Family Cases in the Superior Court of Justice East Region (July 1, 2018)
  • Consolidated Practice Direction for the Central West Region (July 1, 2018)
  • Consolidated Practice Direction for the Central South Region (July 1, 2018)
  • Consolidated Practice Direction for the Southwest Region (July 1, 2018)
  • Consolidated Practice Direction Concerning Family Cases in the Toronto Region (July 1, 2018)
  • Consolidated Practice Direction for Divisional Court Proceedings (Effective December 7, 2018)
  • Consolidated Practice Direction for Civil Actions, Applications, Motions and Procedural Matters in the Toronto Region (Effective December 7, 2018)
  • Consolidated Practice Direction Concerning the Estates List in the Toronto Region (Amendment effective June 15, 2018)
  • Consolidated Provincial Practice Direction (Effective December 7, 2018)

Commentary

  • Extensive synopses of all rules and recent amendments
  • Overview of recent developments that discusses all of the new amendments to the rules, related legislation and Practice Directions

Over 300 new case annotations added

Case annotations include:

  • Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v. Wall (2018), 421 D.L.R. (4th) 381, 16 C.P.C. (8th) 223 (S.C.C.)  (Judicial Review Procedure Act, s. 1)
  • West Fraser Mills Ltd. v. British Columbia (Workers' Compensation Appeal Tribunal) (2018), 421 D.L.R. (4th) 191, [2018] 6 W.W.R. 211 (S.C.C.) (Judicial Review Procedure Act, s. 2)
  • Canada (Human Rights Commission) v. Canada (Attorney General) (2018), 36 Admin. L.R. (6th) 1, 2018 CSC 31 (S.C.C.) (Judicial Review Procedure Act, s. 2)
  • Mazraani c. Industrielle Alliance, Assurance et services financiers inc. (2018), 427 D.L.R. (4th) 6, 50 C.C.E.L. (4th) 177 (sub nom. Mazraani v. Industrielle Alliance) (S.C.C.) (Courts of Justice Act, s. 126)
  • El-Khodr v. Lackie (2017), 416 D.L.R. (4th) 189, 139 O.R. (3d) 659 (C.A.), additional reasons 2017 ONCA 984, 2017 CarswellOnt 19566 (C.A.), reconsideration/rehearing refused (2018), 140 O.R. (3d) 557, 2018 ONCA 66 (C.A.), leave to appeal refused 2018 CarswellOnt 9256, 2018 CarswellOnt 9255 (S.C.C.) (Courts of Justice Act, s. 126)
  • Arcari v. Dawson (2016), 134 O.R. (3d) 36 (C.A.), leave to appeal refused 2017 CarswellOnt 3137 (S.C.C.) (Rules of Civil Procedure, r. 5.04)
  • Haaretz.com v. Goldhar (2018), 423 D.L.R. (4th) 419, 18 C.P.C. (8th) 1 (S.C.C.), reversing Goldhar v. Haaretz.com (2016), 401 D.L.R. (4th) 634, 132 O.R. (3d) 331 (Ont. C.A.), additional reasons 2016 ONCA 668, 2016 CarswellOnt 14115 (C.A.) (Rules of Civil Procedure, r. 17.02)
  • Fairfield Sentry Limited v. PricewaterhouseCoopers LLP (2018), 427 D.L.R. (4th) 215, 63 C.B.R. (6th) 37 (C.A.) (Rules of Civil Procedure, r. 20.04)
  • Lavender v. Miller Bernstein LLP (2018), 427 D.L.R. (4th) 95, 142 O.R. (3d) 401 (C.A.), additional reasons 2018 ONCA 955, 2018 CarswellOnt 20346 (C.A.) (Rules of Civil Procedure, r. 20.04)
  • Das v. George Weston Limited, 2018 ONCA 1053, 2018 CarswellOnt 21598 (C.A.) (Rules of Civil Procedure, r. 21.01)
  • S.I.A.S.I. Trading Limited v. Teplitsky, 2018 ONCA 788, 2018 CarswellOnt 15775 (C.A.), (Rules of Civil Procedure, r. 24.01)
  • Robson v. The Law Society of Upper Canada, 2018 ONCA 944, 2018 CarswellOnt 19788 (C.A.), (Rules of Civil Procedure, r. 25.06)
  • Davis v. East Side Mario's Barrie, 2018 ONCA 410, 2018 CarswellOnt 6730 (C.A.), (Rules of Civil Procedure, r. 26.01)
  • Parc Downsview Park Inc. v. Penguin Properties Inc., 2018 ONCA 666, 2018 CarswellOnt 12271 (C.A.), (Rules of Civil Procedure, r. 38.10)
  • Beaver v. Hill, 2018 ONCA 415, 2018 CarswellOnt 10863 (C.A.), (Rules of Civil Procedure, r. 39.02)
  • Hashemi-Sabet Estate v. Oak Ridges Pharmasave Inc., 2018 ONCA 839, 2018 CarswellOnt 17347 (C.A.), (Rules of Civil Procedure, r. 49.04)
  • Kowalsky v. Asselin-Kowalsky (2018), 12 R.F.L. (8th) 225, 2018 ONCA 539 (C.A.), (Rules of Civil Procedure, r. 59.06)
  • Aluminum Window Design Installations Inc. v. Grandview Living Inc., 2018 ONCA 838, 2018 CarswellOnt 17173 (C.A.), (Rules of Civil Procedure, r. 61.13)
  • Prescott & Russell (United Counties) v. David S. Laflamme Construction Inc. (2018), 142 O.R. (3d) 317, 83 C.L.R. (4th) 203 (C.A.) (Rules of Civil Procedure, r. 62.02)
  • Toronto (City) v. Ontario (Attorney General) (2018), 426 D.L.R. (4th) 374, 142 O.R. (3d) 481 (C.A.), (Rules of Civil Procedure, r. 63.02)
  • 1173928 Ontario Inc. v. 1463096 Ontario Inc. (2018), 142 O.R. (3d) 1, 92 R.P.R. (5th) 173 (C.A.) (Rules of Civil Procedure, r. 64.03) 
  • Brahma Finance (BVI) Limited v. Datawind Inc., 2018 ONCA 1003, 2018 CarswellOnt 22570 (C.A.) (Rules of Civil Procedure, r. 73.02)
About the Author
The Late Honourable James J. Carthy was a member of the Court of Appeal from 1988 to 2004. He was formerly litigation counsel with Weir & Foulds (now WeirFoulds LLP), and was a former member of the Rules Committee and a Bencher.
W.A. Derry Millar, B.A., LL.B. practises exclusively in civil litigation and administrative law with WeirFoulds LLP and acts as an arbitrator and mediator. Has appeared in all levels of court in Ontario, the SCC and the FCC, and many administrative tribunals. Mr. Millar is a former treasurer of The Law Society of Upper Canada. He is a past chair of the Ontario Centre for Advocacy Training and a former director of The Advocates' Society and Pro Bono Law Ontario. Has been a co-editor of the Ontario Annual Practice since 1975.
Jeff G. Cowan, B.A., LL.B., Dip.L., LL.M. is a partner and former managing partner (1999-2003) at WeirFoulds LLP. He served as Head of Section for the Public Law course of the Law Society of Upper Canada's Bar Admission Course from 1986 to 2005 He appears regularly before tribunals and all courts, including the Supreme Court of Canada, with emphasis on administrative and constitutional law, regulatory law, judicial review of government decision-making, First Nations, municipal finance, assessment and taxation, land use planning and development, freedom of information, professional discipline, and real estate litigation. Clients comprise private and public sector companies and individuals, provincial and municipal governments, and a variety of tribunals and professional organizations. Recipient of Society of Ontario Adjudicators and Regulators Medal 1997; past Director of The Advocates' Society; past chair of the OBA Administrative Law Section. Co-editor, Ontario Annual Practice; Member of Secretariat of Civil Rules Committee.
CPD