Presented: May 26, 2018 Location: York Civic Centre, 2700 Eglinton Ave. W., York, ON M6M 1V1 Guest Speakers
George Brown Paralegal (George Brown Professional Corporation)
Andrew Hyland Paralegal (Horlick Levi Di Lella LLP)
Kristina MacDonald Paralegal (Pursuit Legal Services)
Overview This CPD will offer an overview of pleadings and their value to litigation, offer a practical guide as to how to plead properly, and give advice on how to deal with bad pleadings from opposing parties. Why are ‘pleadings’ important? As a document of record, it is available and may be referenced on pre-trial motions and proceedings (especially case management and settlement conferences). It provides the most basic and necessary information: (i) the parties to the litigation; (ii) the issues or questions of fact and law which are in dispute (and thus allows for the determination as to whether a reasonable cause of action or defence in issue); (iii) determines who has the burden of proof; (iv) determines the relevancy of evidence at trial; (v) sets out the relief sought. As a persuasive document, it presents the Court with a comprehensive theory of the case from one party’s perspective. Pleadings are important, so it is necessary to spend sufficient time investigating and analyzing a client’s position before drafting the pleadings. As a strategic document, it shapes the scope of oral discovery and production of documents. In general, litigation begins with pleadings that set the outside boundaries of the disputes which are then narrowed on an ongoing basis through discovery, admissions, agreements, and interlocutory orders. From a broad series of allegations and counter-allegations, we aim to try the matter on as few issues as possible.
PLEASE NOTE: You must ENROLL to gain access to all reference material under the ‘Resources’ section below. This program contains 30 minutes of Professionalism content, and this program contains 1 hour and 55 minutes of Substantive content.