Civil procedure in Canada
Encyclopedia
In Canada
the rules of civil procedure are administered by each jurisdiction (federal and each province) and thus each has its own set of rules. Most provinces base their civil procedure rules on the mixture of English and American rules adapted to the needs of the province. The Ontario Rules of Civil Procedure have been largely adopted by Manitoba, PEI, and North West Territories.
In Ontario the stated general principle of the Rules of Civil Procedure is
Civil procedure is generally developed by a civil procedure committee consisting of judges of the local jurisdiction. This committee makes recommendations concerning procedural changes which must be ratified by the attorney general of that jurisdiction in order to move into effect.
The courts may also exercise inherent jurisdiction
to control their own processes, but inherent jurisdiction cannot be exercised so as to conflict with a statute or rule. As a result, if a process has been contemplated by the civil procedure a court does not have the authority to alter or dispense compliance with that process.
The noted exception to the required compliance with the civil procedure is that the rules themselves often contain a rule which permits a court to
The onus is on the party seeking to dispense with compliance with a rule to demonstrate that it is in the interest of justice.
Alternative dispute resolution
proceedings and administrative law
proceedings both tend to have relatively simple rules of procedure, in comparison to the highly formalized procedures seen in the federal and state courts.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
the rules of civil procedure are administered by each jurisdiction (federal and each province) and thus each has its own set of rules. Most provinces base their civil procedure rules on the mixture of English and American rules adapted to the needs of the province. The Ontario Rules of Civil Procedure have been largely adopted by Manitoba, PEI, and North West Territories.
In Ontario the stated general principle of the Rules of Civil Procedure is
Civil procedure is generally developed by a civil procedure committee consisting of judges of the local jurisdiction. This committee makes recommendations concerning procedural changes which must be ratified by the attorney general of that jurisdiction in order to move into effect.
The courts may also exercise inherent jurisdiction
Inherent jurisdiction
Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other court or tribunal...
to control their own processes, but inherent jurisdiction cannot be exercised so as to conflict with a statute or rule. As a result, if a process has been contemplated by the civil procedure a court does not have the authority to alter or dispense compliance with that process.
The noted exception to the required compliance with the civil procedure is that the rules themselves often contain a rule which permits a court to
The onus is on the party seeking to dispense with compliance with a rule to demonstrate that it is in the interest of justice.
Alternative dispute resolution
Alternative dispute resolution
Alternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation...
proceedings and administrative law
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
proceedings both tend to have relatively simple rules of procedure, in comparison to the highly formalized procedures seen in the federal and state courts.