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



Download 217.64 Kb.
Page40/63
Date03.04.2022
Size217.64 Kb.
#58539
1   ...   36   37   38   39   40   41   42   43   ...   63
Legal Process II (Farrow) - 2021 Winter

Case Management





  • Recall flowchart

  • R. 77.01 establishes case management where appropriate

    • The purpose of this Rule is to establish a case management system that provides case management only of those proceedings for which a need for the court’s intervention is demonstrated and only to the degree that is appropriate, as determined in reliance on the criteria set out in this Rule.

  • Also only applies in Toronto, Ottawa, Windsor R. 77.02

  • Another tool of efficiency

  • Judge is available to help move things along R. 77.04 (1)-(2) (decide on number of witnesses, narrow the issues, etc.)

    • (1) A judge or case management master may,

      • (a) extend or abridge a time prescribed by an order or the rules

      • (b) adjourn a case conference;

      • (c) set aside an order made by the registrar

      • (d) establish or amend a timetable; and

      • (e) make orders, impose terms, give directions and award costs as necessary to carry out the purpose of this Rule. O. Reg. 438/08, s. 64.

    • (2) A judge or case management master may, on his or her own initiative, require the parties to appear before him or her or to participate in a conference call to deal with any matter arising in connection with the case management of the proceeding, including a failure to comply with an order or the rules

  • “One Judge Model” is a new pilot in ON – idea is that rather than having parties appear in front of different judges along the way for motions etc., contemplates having the same judge all the way including motions, pre-trial settlement, trial

    • Historically, typically tried to insulate the trial judge from pre-trial events to ensure they are independent

    • Might move away from one-judge model if the parties want to explore a serious settlement conference –

confidential settlement discussion would taint trial judge


Download 217.64 Kb.

Share with your friends:
1   ...   36   37   38   39   40   41   42   43   ...   63




The database is protected by copyright ©ininet.org 2024
send message

    Main page