Civil Litigation & Evidence Law Dictionary

Civil Litigation & Evidence Law Dictionary
One-stop shopping for all legal terms which relate to the world of civil litigation.

1267: Costs Are Born ... and Borne (A History of Costs)

1267: Costs Are Born ... and Borne (A History of Costs)
All bad things have a start in time.

A Brief History of the Rules of Court

A Brief History of the Rules of Court
The lovely rules of court, that 2-inch thick book lawyers haul into Court cradled lovingly under their right hand, has a past.

Affidavits: The How To Guide

Affidavits: The How To Guide
Affidavits, aka sworn statement or written depositions, are the more frequent type of evidence used by our courts. But preparing affidavits is an art, not a science. Proceed with caution (and read this article).

Alternative Dispute Resolution (ADR) Law Dictionary

There is no place in the world where UNCITRAL rolls off the tongue as sweetly as in this delightful (and self-described) glossary of all things ADR.

Alternative Dispute Resolution (ADR): An Introduction

Alternative Dispute Resolution (ADR): An Introduction
A legal primer on alternative dispute resolution; an out-of-Court method of resolving disputes.

Appeals and Courts of Appeal

Appeals and Courts of Appeal
If you thought sitting ten feet below one judge dressed in funeral black was scary, wait until you try it with three judges! But Courts of Appeal are well-intentioned and usually deliver the best justice in the province. The problem is ... well, read the article!

Class Action Litigation: The Legal Primer

Class Action Litigation: The Legal Primer
Class action litigation, for all its promise, is often a dog's breakfast of rules not just in one jurisdiction but in the often overlapping jurisdictions involved in such lawsuits. Here's the lay of the land.

Contempt of Court: A Contemnor's Guide to the Legal Universe

Contempt of Court: A Contemnor's Guide to the Legal Universe
To contempt or not to contempt: there ought not to be such a question.

Contempt Of Court: Greatest Hits

Contempt Of Court: Greatest Hits
Why anybody would risk a fine, jail time or, err, their right hand messing with a judge surrounded by armed sheriffs is beyond us. But if there are people crazy enough to play with fire, we'll be there pen a 'ready!

Court Proceedings Transfer and Enforcement of Foreign Judgments

Court Proceedings Transfer and Enforcement of Foreign Judgments
Awkward, imperfect uniform laws try to impose some order in the ancient, unpredictable and complex common law rules for resolving conflict of laws issues, so very real in today's reality of ubiquitous international trade and movement of people.

Cross-Examination on an Affidavit: Chambers On Trial

The availability of cross-examining an affiant on his/her affidavit can be an invaluable tool in challenging or bringing some credibility to the inherent evidentiary weakness of an affidavit.

Delay in Reasons for Judgment: Justice Delayed is Justice Denied

Delay in Reasons for Judgment: Justice Delayed is Justice Denied
Delay by a judge in issuing reasons for judgment can kill the fledging soul of justice as it seeks to assert itself in a case brought before a court of law, despite the best of submissions.

Document Discovery in Chambers Matters: Aggravation Litigation

Document Discovery in Chambers Matters: Aggravation Litigation
Document discovery in Chambers proceedings, or otherwise when the evidence is presented by affidavit, is a challenge; a dog's breakfast of court rules and inherent jurisdiction.

Examinations for Discovery – Taming the Beast

Examinations for Discovery – Taming the Beast
An examination for discovery (aka a deposition), is often a litigant's only pre-trial kick at the can to determine the strengths and weaknesses of the other litigant’s case. Use it or lose it. This article examines the in’s and out’s, how to survive them and put your best foot forward.

Federal Court of Canada: An Introduction

Federal Court of Canada: An Introduction
The all-in-one primer on the Federal Court of Canada.

Getting Off The Record: The Lawyer's Oft Catch-22

Getting Off The Record: The Lawyer's Oft Catch-22
One of the worst nightmares for lawyers can be getting off the record. There's an app for that.

Hague Service Convention | Treaty Facilitates Cross-Border Service of Court Documents

Hague Service Convention | Treaty Facilitates Cross-Border Service of Court Documents
The Hague Service Convention ... how one little treaty has made the world a much smaller place.

How Not To Manage a Bankruptcy or Income Tax Case

How Not To Manage a Bankruptcy or Income Tax Case

Why shoot yourself in the foot before you're even out of the gate?

Judge Dies or Falls Seriously Ill During Trial - Oh! Oh!

Judge Dies or Falls Seriously Ill During Trial - Oh! Oh!
When judges die or become seriously ill before the end of a hearing, it can negate the trial unless ....

Judicial Review: A Primer

Judicial Review: A Primer

More litigants feel the brunt of administrative law than any kind of law. That’s because admin law, as the lawyers call it, includes all the little tribunals that run amuck like little courts, with pretty much no appeal rights ... except judicial review, which, until recently, was an oxymoron. Now it’s ... well, still an oxymoron!

Lawyer Conflicts of Interest: A Legal Primer

Lawyer Conflicts of Interest: A Legal Primer
Sometimes clear, sometimes grey, often hotly resisted: this articles reviews the law and repeats the rule: lawyers must avoid conflicts of interest.

Legal Aid

Legal Aid

Legal aid: when the government subsidizes legal services for individual litigants in restricted areas such as where liberty is at risk (criminal law), family law and human rights.

Media and Litigation: Sub Judice in the New Millennium

Media and Litigation: Sub Judice in the New Millennium
Talking to the media when your case is before the court may prove penny wise but pound foolish ... or fatal.

Mediation: Lawyer Secrets

Mediation: Lawyer Secrets

Mediation can work but unless it’s free ... or especially if it’s free! - participants must be alive to the pitfalls and opportunities presented.

Model Law on International Commercial Arbitration (UNCITRAL)

Model Law on International Commercial Arbitration (UNCITRAL)
A UN Treaty which standardizes domestic arbitration rules and administrations of various states so as to promote international trade.

Outrageous Lawsuits

Outrageous Lawsuits
Read of the blatant misuse of the justice system, of outrageous law suits that pollute the registries of Courts of law around the globe.

Small Claims - British Columbia

Small claims is an simplified procedure for courts to hear and decide cases in which the property or rights at issue are relatively low. It's a world onto its own so best be aware!

Steps in a Lawsuit

Steps in a Lawsuit
The steps listed here are the main steps that occur in a lawsuit. They will give you a general idea of what to expect.

Summary Trial

Summary trial is now all the fashion in Canadian courthouses, allowing litigants to submit their dispute to judgment by way of written sworn evidence such as affidavits. Not all cases lend themselves to summary trial and even when the subject matter appears appropriate, other factors may argue against a trial other than by witnesses and documents being assessed under oath and in open court.

The Supreme Court of British Columbia

BC's highest Court can move like molasses but much depends on the cook. Find out "the recipes" herein.

Testifying: How To Give Evidence.

Testifying! How To Give Evidence in Court.
How to give evidence, testify in court: your need-to-know primer.

The Canadian Guide to Enforcing Your Judgment

The Canadian Guide to Enforcing Your Judgment

You just can't find an honest well-intentioned judgment debtor nowadays. It seems that whatever bug bit them to not honour whatever legal obligation on which you obtained an order against them, keeps on ticking because - go figure! - now they won't pay the judgment! What do you do? This area of the law is particularly complex so the first thing to do is ... read this article!

The Defamation Claim: Exacting Drafting

The Defamation Claim: Exacting Drafting
A plain language primer on drafting a defamation claim.

The Law of Costs: Justice's Boogeyman

The Law of Costs: Justice's Boogeyman
Costs serve two purposes. One is to award the victor at trial. But let's be honest: the other purpose is that of the lawyer: to bandy the threat of it to intimidate the other side at every step of trial preparation.

The Lawyer Witness: Dr. Jekyll and Mr. Hyde

The Lawyer Witness: Dr. Jekyll and Mr. Hyde
Though calling it indecent, the courts will not declare zero-tolerance against the rare but audacious lawyer who proposes to be a witness in his or her own case.

The Unrepresented Party's Survival Guide to Trial

The Unrepresented Party's Survival Guide to Trial
The self-represented, aka, lay litigant's survival guide to trial. Don't leave home without it.

Transferring an Action to Another Jurisdiction or Registry: Let The Games Begin!

Transerring an Action to Another Jurisdiction or Registry: Let The Games Begin!
Transferring a family law file from one registry, or jurisdiction, to another, opens up a can of worms. But if you gotta do what you gotta do, the law is there to support you.

Written Submissions - The Art of It

Written Submissions - The Art of It
Written submissions is an essential tool often overlooked by lawyer and the self-represented party alike even though they are routinely welcomed by the court and can often be an invaluable tool in the art of persuasion.