DOCSLIB.ORG

Civil Appeals in Saskatchewan

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Civil Appeals in Saskatchewan Civil Appeals in Saskatchewan The Court of Appeal Act & Rules Annotated First Edition The Honourable Stuart J. Cameron 2015 CanLIIDocs 293 Law Society of Saskatchewan Library 2015 CanLIIDocs 293 Civil Appeals in Saskatchewan The Court of Appeal Act & Rules Annotated 2015 CanLIIDocs 293 First Edition The Honourable Stuart J. Cameron Law Society of Saskatchewan Library Civil Appeals in Saskatchewan: The Court of Appeal Act & Rules Annotated First Edition © 2015 Stuart J. Cameron Published by The Law Society of Saskatchewan Library ISBN 978-0-9699120-8-8 Contact: Law Society of Saskatchewan Library 2425 Victoria Avenue Regina, SK S4P4W6 306-569-8020 www.lawsociety.sk.ca All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means: photocopying, electronic, mechanical, recording, or otherwise, without the prior written permission of the copyright holder. Library and Archives Canada Cataloguing in Publication 2015 CanLIIDocs 293 Cameron, Stuart J. (Stuart John), author Civil appeals in Saskatchewan : the Court of Appeal Act & rules annotated / the honourable Stuart J. Cameron. Includes index. ISBN 978-0-9699120-8-8 (bound) 1. Saskatchewan. Court of Appeal Act, 2000. 2. Saskatchewan. Court of Appeal--Rules and practice. 3. Appellate procedure-- Saskatchewan. I. Law Society of Saskatchewan. Libraries, issuing body II. Saskatchewan. Court of Appeal Act, 2000. III. Title. KES565.C34 2015 347.7124’0355 C2015-906628-X KF9058.ZB6C34 2015 Layout and design by Kelly Laycock. Printed and bound in Canada by Friesens. C016245 15 16 17 18 • 4 3 2 1 Contents Foreword by the Honourable Chief Justice Robert Richards. .iv Acknowledgments . v 2015 CanLIIDocs 293 Part One The Court of Appeal Act, 2000 Table of Contents ......................................................3 Part Two The Court of Appeal Rules (Civil) Table of Contents ....................................................101 Appendices ..........................................................245 I Forms ....................................................247 II Civil Practice Directives ....................................280 III Queen’s Bench Rules Applicable in the Court of Appeal .........322 IV Tariff of Costs .............................................345 V The Court of Appeal Fees Regulations, 2000 .....................347 Table of Cases .......................................................351 Table of Statutes ......................................................363 Index ...............................................................365 Contents iii Foreword The Honourable Stuart Cameron had a distinguished three-decade-long career as a judge of the Court of Appeal for Saskatchewan. At the end of that tour of duty, when the thoughts of most would have understandably turned to relaxation or alternate endeavours, he generously undertook the task of writing an annotation 2015 CanLIIDocs 293 of The Court of Appeal Act, 2000 and The Court of Appeal Rules. I am delighted with the result of his efforts. Practice before this court has its share of complications. That is true for counsel who appear regularly before us and it is doubly true for counsel who are on their first appellate journey or who are otherwise not wholly familiar with appellate practice. Historically, there has been nothing by way of secondary resources to assist practitioners in finding a safe and effective route through the twists and turns of an appeal. Happily, that has now changed. Stuart Cameron’s annotation is helpfully cast as a guide to practice in relation to the civil side of the court’s mandate. It is written and organized with care, clarity and thoroughness. The research has been exhaustive. At many points, by way of a practice tip, the reader will also gain the benefit of my former colleague’s considerable appellate experience. This annotation fills a major gap in the tool kit available to lawyers and will doubtlessly become an important starting point for counsel in the analysis of practice and procedure problems involving the Court of Appeal. I join the profession in thanking The Honourable Stuart Cameron for bringing his energy and wisdom to bear on this project. I congratulate him and his team on its completion. It is a job well done. —The Honourable Chief Justice Robert Richards iv Civil Appeals in Saskatchewan Acknowledgments At the suggestion of then Chief Justice Klebuc in the fall of 2009, the Court of Appeal undertook to compile an annotated version of The Court of Appeal Rules based on a draft prepared several years earlier by the Honorable Calvin Tallis, a distinguished former member of the court. The court undertook to do so in conjunction with 2015 CanLIIDocs 293 the Law Society of Saskatchewan, and with the support of the Saskatchewan Law Foundation. I agreed to head up the project with the assistance of a group of law librarians familiar with the annotation of The Queen’s Bench Rules . As so often happens in life, “way leads on to way” and what began as a relatively modest project eventually became a rather more ambitious one. At the suggestion along the way of Mr Justice Richards (as he then was), the court decided, with the backing of both the Law Society and the Law Foundation, to expand the scope of the project to include not only an annotated version of The Court of Appeal Rules but also an annotated version of The Court of Appeal Act, 2000. Hence this publication is divided into two Parts: Part One The Court of Appeal Act, 2000 annotated Part Two The Court of Appeal Rules annotated It was also decided to orient the content and style of the work toward a publication in the nature of a guide to appellate practice in the province on the civil law side. Hence, the annotations are arranged under the primary heads “Commentary” and “Case Law” and are weighted in accordance with their relative importance to appellate practice. They are thus weighted in favor of the most commonly encountered subjects pertaining to appeal: subjects such as the jurisdiction and powers of the court, the standards of appellate review, the business of seeking leave to appeal, the associated business of securing stays of execution and proceedings pending appeal, and so on. As such, the primary focus of the annotations is upon the relevant case law—relevant in the sense of the principles in play and their application on a case by case basis. Acknowledgments v Many cases ultimately reduce to the mere application of existing jurisprudence to situations that have been encountered in the past. Accordingly, a certain amount of culling went into the selection of the cases. I used a light rather than a heavy hand in this regard, thinking over-inclusion was apt to be more instructive than under-inclusion, especially in relation to matters that frequently find their way before a judge of the court sitting in chambers. Applications for leave to appeal, for example, come up regularly, as do applications for stays pending appeal, extensions of time, and the like. Applications such as these are largely driven by a recurrent but nonetheless variable mix of fact in one context or another. So it seemed well, when referring to the case law in these contexts, to opt for more rather than less. At a turn or two, however, the reader may be forgiven for thinking I might have been more selective. The text of both Parts One and Two, including the content, organization, format, and style of the text, was reviewed in detail by the Honorable Calvin Tallis, as well as by Chief Justice Richards and each of the judges of the court. It was also considered by Melanie Baldwin, the registrar of the court. As one might expect of such an extraordinarily knowledgeable panel of legal professionals, they 2015 CanLIIDocs 293 offered much insight into the work—and much in the way of sound advice and helpful suggestion. Indeed, their contributions were invaluable. For this and for everything, including their continuous support and encouragement, I sincerely thank them. In addition, I should like to acknowledge, with thanks, the contributions of the group of law librarians who worked with me on this project. The “Working Group” consisted at the outset of Toby Willis-Camp, the Director of the Law Society libraries; Mary Tastad, a University of Saskatchewan Law School librarian; Ann Marie Melvie, the Court of Appeal librarian; and Maxine Seeley and Peta Bates, the librarians of the Law Society libraries in Regina and Saskatoon respectively. Given the composition of the Group, some may think I never met a law librarian I did not like; and that is true. Over time, all but Mary Tastad and Ann Marie Melvie retired, though Peta Bates generously volunteered to remain as a member of the Group upon her retirement. Toby Willis-Camp engaged Mary Tastad to spearhead the research, and then went on to oversee the administration of the funding provided by the Law Foundation for this purpose. She did so efficiently and seamlessly until moving on to other things. Her successor, Melanie Hodges Neufeld, the Law Society’s Director of Legal Resources, then joined the Group and was especially helpful in moving the project along to publication. Kelly Laycock, the Law Society’s Publications Coordinator and in-house Editor, oversaw the publication of the work, including the final design and layout of the material, as well as the preparation of the index. She is very good at what she does and was a delight to work with. vi Civil Appeals in Saskatchewan Then there are Mary Tastad BA, LL.B, MLIS, Ann Marie Melvie BEd, MLIS, and Peta Bates BA (Hons.), MLS. Judging alone from the nature and extent of their degrees, one may suppose they contributed a great deal to this publication; and one would be altogether right about that. Mary Tastad conducted the bulk of the research, assembled several binders of material, and offered much wise counsel regarding the content, style, and accuracy of the work. Ann Marie Melvie served as the coordinator of the Working Group, assisted with the research, layout, and publication of the work, and was instrumental in bringing everything together from beginning to end.
Load more

Recommended publications
  • Superior Court of Québec 2010 2014 Activity Report
    SUPERIOR COURT OF QUÉBEC 2010 2014 ACTIVITY REPORT A COURT FOR CITIZENS SUPERIOR COURT OF QUÉBEC 2010 2014 ACTIVITY REPORT A COURT FOR CITIZENS CLICK HERE — TABLE OF CONTENTS The drawing on the cover is the red rosette found on the back of the collar of the judge’s gown. It was originally used in England, where judges wore wigs: their black rosettes, which were applied vertically, prevented their wigs from rubbing against and wearing out the collars of their gowns. Photo on page 18 Robert Levesque Photos on pages 29 and 30 Guy Lacoursière This publication was written and produced by the Office of the Chief Justice of the Superior Court of Québec 1, rue Notre-Dame Est Montréal (Québec) H2Y 1B6 Phone: 514 393-2144 An electronic version of this publication is available on the Court website (www.tribunaux.qc.ca) © Superior Court of Québec, 2015 Legal deposit – Bibliothèque et Archives nationales du Québec, 2015 Library and Archives Canada ISBN: 978-2-550-73409-3 (print version) ISBN: 978-2-550-73408-6 (PDF) CLICK HERE — TABLE OF CONTENTS Table of Contents 04 A Message from the Chief Justice 06 The Superior Court 0 7 Sectors of activity 07 Civil Chamber 08 Commercial Chamber 10 Family Chamber 12 Criminal Chamber 14 Class Action Chamber 16 Settlement Conference Chamber 19 Districts 19 Division of Montréal 24 Division of Québec 31 Case management, waiting times and priority for certain cases 33 Challenges and future prospects 34 Court committees 36 The Superior Court over the Years 39 The judges of the Superior Court of Québec November 24, 2014 A message from the Chief Justice I am pleased to present the Four-Year Report of the Superior Court of Québec, covering the period 2010 to 2014.
    [Show full text]
  • National Directory of Courts in Canada
    Catalogue no. 85-510-XIE National Directory of Courts in Canada August 2000 Canadian Centre for Justice Statistics Statistics Statistique Canada Canada How to obtain more information Specific inquiries about this product and related statistics or services should be directed to: Information and Client Service, Statistics Canada, Ottawa, Ontario, K1A 0T6 (telephone: (613) 951-9023 or 1 800 387-2231). For information on the wide range of data available from Statistics Canada, you can contact us by calling one of our toll-free numbers. You can also contact us by e-mail or by visiting our Web site. National inquiries line 1 800 263-1136 National telecommunications device for the hearing impaired 1 800 363-7629 Depository Services Program inquiries 1 800 700-1033 Fax line for Depository Services Program 1 800 889-9734 E-mail inquiries [email protected] Web site www.statcan.ca Ordering and subscription information This product, Catalogue no. 85-510-XPB, is published as a standard printed publication at a price of CDN $30.00 per issue. The following additional shipping charges apply for delivery outside Canada: Single issue United States CDN $ 6.00 Other countries CDN $ 10.00 This product is also available in electronic format on the Statistics Canada Internet site as Catalogue no. 85-510-XIE at a price of CDN $12.00 per issue. To obtain single issues or to subscribe, visit our Web site at www.statcan.ca, and select Products and Services. All prices exclude sales taxes. The printed version of this publication can be ordered by • Phone (Canada and United States) 1 800 267-6677 • Fax (Canada and United States) 1 877 287-4369 • E-mail [email protected] • Mail Statistics Canada Dissemination Division Circulation Management 120 Parkdale Avenue Ottawa, Ontario K1A 0T6 • And, in person at the Statistics Canada Reference Centre nearest you, or from authorised agents and bookstores.
    [Show full text]
  • COVID-19 Guide: In-Person Hearings at the Federal Court
    COVID-19 Guide: In-person Hearings at the Federal Court OVERVIEW This guide seeks to outline certain administrative measures that are being taken by the Court to ensure the safety of all individuals who participate in an in-person-hearing. It is specifically directed to the physical use of courtrooms. For all measures that are to be taken outside of the courtroom, but within common areas of a Court facility, please refer to the guide prepared by the Courts Administrative Service, entitled Resuming In-Person Court Operations. You are also invited to view the Court’s guides for virtual hearings. Additional restrictions may apply depending on the evolving guidance of the local or provincial public health authorities, and in situations where the Court hearing is conducted in a provincial or territorial facility. I. CONTEXT Notwithstanding the reopening of the Court for in-person hearings, the Court will continue to schedule all applications for judicial review as well as all general sittings to be heard by video conference (via Zoom), or exceptionally by teleconference. Subject to evolving developments, parties to these and other types of proceedings are free to request an in-person hearing1. In some instances, a “hybrid” hearing, where the judge and one or more counsel or parties are in the hearing room, while other counsel, parties and/or witnesses participate via Zoom, may be considered. The measures described herein constitute guiding principles that can be modified by the presiding Judge or Prothonotary. Any requests to modify these measures should be made as soon as possible prior to the hearing, and can be made by contacting the Registry.
    [Show full text]
  • Summary of the Presentation of Chief Judge
    The Practice of Law in Canada Speakers: Hon. Élizabeth Corte Chief Justice of the Court of Québec Frederick Carle Frederick Carle, Attorney Lynne Kassie, Ad. E. Robinson Sheppard Shapiro Gregory Moore Gregory Moore, Attorney Gilles Ouimet, Ad. E Member of the National Assembly for Fabre & Official Opposition Critic for Justice Catherine Pilon Dentons Bernard Synott Fasken Martineau FAIRFAX BAR ASSOCIATION CLE SEMINAR Any views expressed in these materials are those of the individual authors and do not necessarily represent the views of any of the authors’ organizations or of the Fairfax Bar Association. The materials are for general instructional purposes only and are not offered for use in lieu of legal research and analysis by an appropriately qualified attorney. *Registrants, instructors, exhibitors and guests attending the FBA events agree they may be photographed, videotaped and/or recorded during the event. The photographic, video and recorded materials are the sole property of the FBA and the FBA reserves the right to use attendees’ names and likenesses in promotional materials or for any other legitimate purpose without providing monetary compensation. Court of Québec The Honourable Élizabeth Corte Chief Judge of the Court of Québec Called to the Bar on January 11, 1974, Élizabeth Corte practised her profession exclusively at the Montreal offices of Legal Aid. At the time of her appointment to the Cour du Québec, she was the assistant director of legal services in criminal and penal affairs. In addition to teaching criminal law at École du Barreau de Montréal since 1986, she has given courses on criminal procedure and evidence at Université de Montréal's École de criminologie.
    [Show full text]
  • Court Administration Systems
    COMPARATIVE ANALYSIS of key characteristics of COURT ADMINISTRATION SYSTEMS Presented to the Canadian Judicial Council Administration of Justice Committee Administrative Efficiency in Trial and Appeal Courts Sub-Committee By Karim Benyekhlef Cléa Iavarone-Turcotte Nicolas Vermeys Université de Montréal Centre de recherche en droit public July 6th, 2011 © Canadian Judicial Council Catalogue Number JU14-24/2013E-PDF ISBN 978-1-100-21994-3 Available from: Canadian Judicial Council Ottawa, Ontario K1A 0W8 (613) 288-1566 (613) 288-1575 (facsimile) and at: www.cjc-ccm.gc.ca FOREWORD | iii Foreword In 2006, the Canadian Judicial Council published a report entitled Alternative Models of Court Administration. In exploring the trend towards governments granting greater administrative autonomy to the courts, the report offered seven different models present in a number of jurisdictions. In 2011 the Administration of Justice Committee of Council commissioned a research study which would present a comparison of key characteristics of court administrative systems against those models in common law countries including Australia, England and Wales, New Zealand, North Ireland, the Republic of Ireland and Scotland. Key to this comparative analysis was the collection of legislation, memoranda of understanding and other forms of written agreements between the Judiciary and the Executive. They outline which level of government is responsible for certain or all aspects of court administration. The report consists of two documents. Presented here is the first part, namely, a comparative analysis building on the seven models presented in the 2006 report and further analysing how each of the selected jurisdictions advances their work according to six specific characteristics of court administration.
    [Show full text]
  • 71 History of Factums Je Côté* I
    HISTORY OF FACTUMS 71 HISTORY OF FACTUMS J.E. CÔTÉ* The history of the factum in Canada is little known Bien que l’histoire du mémoire au Canada soit peu but greatly significant in the development of written connue, elle a contribué de façon importante à argument. Written argument grew alongside the oral l’avènement de l’argumentation écrite, qui évolué en legal tradition. The factum developed in Canada in an parallèle avec la tradition de l’exposé oral. Le unorthodox way. Unlike most Canadian laws and mémoire s’est implanté au Canada selon une voie peu procedures, which find their roots in common law orthodoxe. Contrairement à la plupart des lois et England, the factum originated in Quebec’s civil procédures canadiennes qui prennent leur fondement jurisdiction before being adopted in the Northwest dans la common law de l’Angleterre, le mémoire a pris Territories. This article explores the evolution of son origine dans le système de droit civil du Québec written argument and the historical use of the factum avant d’être adopté dans les Territoires du Nord- in the United Kingdom and Canada and details the Ouest. Outre un survol de l’évolution de practice of factum use in Alberta particularly. l’argumentation écrite et de la façon dont on a eu recours au mémoire au Royaume-Uni et au Canada par le passé, l’article expose en détail l’utilisation du mémoire en Alberta. TABLE OF CONTENTS I. INTRODUCTION .............................................. 71 II. EVOLUTION ................................................ 72 A. THE UNITED KINGDOM ................................... 72 B. QUEBEC ............................................... 74 C. THE SUPREME COURT OF CANADA .........................
    [Show full text]
  • Precedent Unbound? Contemporary Approaches to Precedent in Canada
    The Peter A. Allard School of Law Allard Research Commons Faculty Publications Allard Faculty Publications 2007 Precedent Unbound? Contemporary Approaches to Precedent in Canada Debra Parkes Allard School of Law at the University of British Columbia, [email protected] Follow this and additional works at: https://commons.allard.ubc.ca/fac_pubs Part of the Courts Commons Citation Details Debra Parkes, "Precedent Unbound? Contemporary Approaches to Precedent in Canada" ([forthcoming in 2007]) 32:1 Man LJ 135. This Working Paper is brought to you for free and open access by the Allard Faculty Publications at Allard Research Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Allard Research Commons. Page 1 TITLE: Precedent Unbound? Contemporary Approaches to Precedent in Canada AUTHOR: Debra Parkes SOURCE: Manitoba Law Journal CITED: (2007) 32 Man. L.J. 135 - 162 1 Stare decisis is an abbreviation of the Latin phrase stare decisis et non quieta movere, and may be translated as "to stand by decisions and not to disturb settled matters."1 In Gulliver's Travels, the English satirist Johnathan Swift had Gulliver say: It is a maxim among these lawyers, that whatever hath been done before, may le- gally be done again: and therefore they take special care to record all the deci- sions formerly made against common justice and the general reason of mankind. These under the name of precedents, they produce as authorities, to justify the most iniquitous opinions; and the judges never fail of decreeing accordingly.2 While the notion that Canadian appellate judges slavishly adhere to outdated precedent in a manner contrary to "common justice and the general re ason of mankind" does not accurately describe the current reality, there remains a lively and important debate about the functions, values and limits of "abiding by things decided" in common law systems.3 In this vein, Justices Steel and Freedman in the recent R.
    [Show full text]
  • S.C.C. File No. 38992 in the SUPREME COURT of CANADA (ON APPEAL from the COURT of APPEAL of MANITOBA)
    S.C.C. File No. 38992 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL OF MANITOBA) BETWEEN: CANADIAN BROADCASTING CORPORATION / SOCIÉTÉ RADIO-CANADA Appellant (Moving Party) -and- HER MAJESTY THE QUEEN Respondent (Respondent) -and- STANLEY FRANK OSTROWSKI Respondent (Appellant) -and- B.B., SPOUSE OF THE LATE M.D., AND J.D., IN HIS CAPACITY AS EXECUTOR OF THE ESTATE OF THE LATE M.D. Respondents (Interested Parties) -and- ATTORNEY GENERAL OF ONTARIO, ATTORNEY GENERAL OF BRITISH COLUMBIA, CENTRE FOR FREE EXPRESSION, CANADIAN ASSOCIATION OF JOURNALISTS, NEWS MEDIA CANADA, COMMUNICATIONS WORKERS OF AMERICA / CANADA and AD IDEM / CANADIAN MEDIA LAWYERS ASSOCIATION Interveners FACTUM OF THE RESPONDENT, STANLEY FRANK OSTROWSKI - REDACTED (Pursuant to Rule 42 of the Rules of the Supreme Court of Canada) LOCKYER CAMPBELL POSNER MICHAEL J. SOBKIN 30 St. Clair Ave. West, Suite 103 331 Somerset Street West Toronto, ON M4V 3A1 Ottawa, ON K2P 0J8 Tel: 613.282.1712 James Lockyer, LSO# 16359A Fax: 613.288.2896 Jessica Zita, LSO# 72449R Email: [email protected] Tel: 416.847.2560, ext. 222 Fax: 416.847.2564 Agent for the Counsel for the Respondent, Email: [email protected]; Stanley Frank Ostrowski [email protected] STROSBERG SASSO SUTTS LLP 1561 Ouellette Avenue Windsor, ON N8K 1X5 Harvey T. Strosberg, Q.C., LSO# 12640O Tel: 519.561.6228 Email: [email protected] David Robins, LSO# 42332R Tel: 519.561.6215 Fax: 866.316.5308 Email: [email protected] Counsel for the Respondent, Stanley Frank Ostrowski MLT AIKINS LLP GOWLING WLG (CANADA) LLP 360 Main Street, 30th Floor 160 Elgin Street, Suite 2600 Winnipeg, MB R3C 4G1 Ottawa, ON K1P 1C3 Jonathan B.
    [Show full text]
  • Court of Québec, 300 Boulevard Jean-Lesage, Suite 5.15, Québec City, Québec G1K 8K6
    This publication has been written and produced by the Office of the Chief Judge of the Court of Québec, 300 boulevard Jean-Lesage, Suite 5.15, Québec City, Québec G1K 8K6. Tel.: 418 649-3424 The artwork on the cover page was done by Judge Jean La Rue, on the occasion of the tenth anniversary of the Court of Québec in 1998. This artwork represents the robe worn by the judges and evokes the fact that the Court of Québec was formed upon the unification of provincial courts: the Provincial Court, the Court of Sessions of the Peace and the Youth Court. Copies of this publication may be ordered by contacting the Office of the Chief Judge of the Court of Québec, at one of the following numbers: – Tel.: 418 649-3591 – Fax: 418 643-8432 Please note that throughout this publication, the masculine gender has been used without any discrimination, but rather solely for the purpose of easier reading. © Court of Québec, 2011 Legal deposit – Bibliothèque nationale du Québec, 2011 National Library of Canada ISBN-13: 978-2-550-61527-9 ISBN-13: 978-2-550-61528-6 (pdf) Court of Québec Publliic Report 2010,, extract Table of Contents Message from the Chief Judge .....................................................................................................................3 Operation of the Court..............................................................................................................................t .....4 Organization Chart ....................................................................................................................................4
    [Show full text]
  • Subpoena Court of Quebec
    Subpoena Court Of Quebec Myles ironize her smothers caudad, she grouches it compositely. Coroneted Hagan overemphasizing very revertbraggingly veeps while encomiastically Temp remains or blueprintstergiversatory sempre and andgrizzlier. diagnostically, If lubricous how or downrightastylar is Tobin?Frankie usually laicises his Montreal branch to penalties, calculating the county, brought in a vfscam agsffnfou it also have every effort, of subpoena was input by the dates and frank disclosure Those fundamental rights are contained in the Charter for the benefit of all Canadians. Indorama Ventures plant in South Carolina. With respect to compelling a deposition, finding that the distribution contract allowed Snapple to sell directly to public schools and municipal entities. Subscribe to our content! But opting out of some of these cookies may affect your browsing experience. The Court of Appeals reversed this Court, service of process on a corporation is much easier than it is in the US. Contact a qualified attorney to help you with preparing for and dealing with going to court. El al israel airlines, canadian court of subpoena court properly denied the united states cannot rebuild depth of the witness in. Bajwa v Metropolitan Life. Canadian or misuse the intellectual property of subpoena as soon as your jurisdiction that blink disclaims all court subpoena of quebec affairs, the legal standing to greater specificity. Canadian government stated in quebec corporation, subpoena court of quebec corporation office address exists for? Give particulars of his claim against the defendant, and Texas in any article or anywhere on this website does NOT mean that Firm maintains an office in that location, any prior result described or referred to herein cannot guarantee similar outcomes in the future.
    [Show full text]
  • The Canlii Primer
    The CanLII Primer Legal Research Principles and CanLII Navigation for Self-Represented Litigants The National Self-Represented Litigants Project TABLE OF CONTENTS Introduction What is CanLll? Part One The Canadian Legal System 1.1 The Structure of the Canadian Courts, Boards and Tribunals 1.1.1 The Canadian Court System 1.1.2 Administrative Tribunals 1.2 The System of Precedent 1.2.1 What is “Precedent”? 1.2.2 What is “Binding” Case Law? 1.2.3 What is “Persuasive” Case Law? 1.3 Legislation Part Two Legal Research using CanLII 2.1 Getting Started 2.1.1 Maneuvering the Search Engine 2.1.2 Finding your way Around Case Law Reports in CanLll 2.1.2.1 The Legal Citation 2.1.2.2 The Headnote 2.1.2.3 The Decision 2.1.2.4 The Presiding Judge 2.1.3 Finding your way Around Legislation in CanLll 2.2 Generating Search Terms in CanLll 2.2.1 Using Legal Terms for your Search 2.2.2 Using Cases and Legislation to Generate Search Terms 2.3 Searching by Jurisdiction, Case Names, and Legislation 2.3.1 How to Search by Jurisdiction 2.3.2 How to Search by Case Name 2.3.3 How to Search by Legislation 2.4 Do I search Cases First, Legislation First, Relevance First, or Court Level First? 2.4.1 Begin with Legislation 2.4.1 Move on to Cases 2.4.3 Presentation of Case Law Results In Conclusion Appendix A: Provincial Court Structures Appendix B: Federal Court Structure Glossary of Terms 3 TABLE OF FIGURES Figure 1 CanLII Entry Page Figure 2 CanLII Basic Search Page Figure 3 Outline of Canada’s Court System Figure 4 Binding Court Decisions Figure 5 CanLII Basic Search
    [Show full text]
  • Court of Québec
    Court of QuébeC PubliC rePort 2012 Court of QuébeC | PubliC rePort 2012 MeSSAGe FROM tHe CHief JuDGe 4 regions 16 PreSeNtAtioN of tHe COURT of QuébeC 6 ADMiNiStrAtioN of tHe COURT 22 CoMPoSitioN 8 COURT CoMMITTEES 23 Judges in Management Positions 8 tHree-YeAr ViSioN 2012–2013–2014 24 Judges 10 ViSioN 24 Presiding Justices of the Peace 10 VAlueS 24 Per Diem Judges 11 A court that is defined by its judges 25 JuriSDiCtioN 11 A court that adapts to citizens’ needs 26 Civil Division 11 A court that innovates 27 Criminal and Penal Division 12 A dynamic court 28 Youth Division 13 SPeCiAliZeD COURTS 29 tHe COURT of QuébeC: 14 Human rights tribunal 29 PreSeNt tHROUGHout tHe PROViNCe Professions tribunal 29 Area covered 15 Court of Québec Judges by region 15 MeSSAGe FROM tHe CHief JuDGe once again this year, it is my pleasure to present a public report1 on the Court of Québec’s main activities in 2012 in all regions of Québec and in each of its three divisions. last year, i made note of the positive response from Québec’s Ministère de la Justice to the Court’s many submissions concerning the urgent need to increase its resources. i am therefore delighted with the Courts of Justice Act amendments that came into effect on April 5, 2012, bringing the number of judges at the Court of Québec from 270 to 290 and the number of associate coordinating judges from 8 to 12. in addition, the Court now benefits from the contribution of 36 presiding justices of the peace, which is 3 more than last year.
    [Show full text]