Background & purpose of the system 1 basic institutions, processes, and players 3



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Legal Process II (Farrow) - 2021 Winter

Other Approaches → SEE CHART





  • Multi-Party Claims (RCP rr. 27-29): more than one plaintiff or defendant, but not a class action (i.e. each person is a party); rather than having different trials for the same event, joinder allows us to put all the people in the same claim (RCP r. 5)

    • Recall principles of efficiency and proportionality: CJA, s. 138; rr. 1.04, 5, etc.

    • Can’t add someone after the fact to the existing proceeding if you couldn’t still sue the original person within

original limitation period (Limitation Act s. 21)

  • Counterclaim (RCP r. 27): claim by defendant back against plaintiff (and potentially others) in same proceeding (not a defence etc.) facilitates convenience and efficiency (CJA s. 138; RCP r. 1.04(1)) *must be related to original claim

  • Cross-claim *co-defendants (RCP r. 28): claim by defendant that arises from or is related to issues in the litigation against other defendant

    • (a) someone else who is responsible for all or part of the claim *trying to point blame and someone else

    • (b) someone who is liable to the defendant for an independent claim for damages or other relief arising out of the main action

    • (c) “should be bound by the determination of issue arising b/w P and D

  • Third Party Claims (RCP r. 29) claim by defendant that arises from or is related to issues in the litigation (between the P and D) against someone not currently party to the litigation; fourth party and subsequent claims (RCP r. 29.11)

  • Consolidation (RPC r. 6): melding cases into one (e.g. instead of S v R and S v RH → S v R and RH); court will consolidate separate cases where joinder would have been proper

    • Court will not consolidate if: plaintiffs are represented by separate solicitors; inconvenient; prejudice will arise

    • If no consolidation, court can order cases to be tried together / one after another (RPC r. 6.01)




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