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Courses/Law/Negotiation and Conflict Management Skills

Disposition without Trial

Reviewing several ways in which litigation may be disposed of without trial.

Created byIrwin Law
4.5
(2 reviews)
IntermediateUpdated Aug 27, 2020
Disposition without Trial

What You'll Learn

check_circleUnderstand civil dispute disposition options.
check_circleAnalyze motions to strike claims.
check_circleDetermine legal issues pretrial.
check_circleExplain summary judgment principles.
check_circleDiscuss summary trial procedures.
check_circleIdentify default judgment steps.

About This Course

Discover the essential mechanisms for resolving civil disputes without a full trial. While trial is the theoretical goal of litigation, the vast majority of cases are resolved through alternative means, driven by the need for judicial economy and access to justice.

This course, "Disposition without Trial," provides a comprehensive overview of the key procedures used in Canadian civil justice to conclude actions before reaching the trial stage. You will gain a deep understanding of how cases are screened, challenged, and resolved based on pleadings, legal issues, evidence, and procedural compliance.

Key topics covered include:

  • Motions to strike or dismiss claims for failing to disclose a cause of action or being an abuse of process.
  • The determination of legal issues before trial where factual disputes are not central.
  • The Special Case procedure for resolving agreed points of law.
  • Summary Judgment, examining its purpose, the "genuine issue for trial" standard, and the evolution of judicial approaches, including weighing evidence and assessing credibility.
  • Summary Trial procedures, particularly as implemented in British Columbia, offering a "paper trial" alternative.
  • Simplified Procedure streams, such as Ontario's Rule 76, which mandate reduced discovery and provide summary disposition options for lower-value claims.
  • Procedural dispositions, including default judgments resulting from a party's failure to respond, dismissals for unreasonable delay or non-compliance with court rules or orders, and the processes of discontinuance and withdrawal.

By mastering these mechanisms, legal professionals can navigate civil litigation more effectively, identifying opportunities for early resolution and understanding the critical factors courts consider when determining whether a case requires a full trial.

Your Instructors

Irwin Law
Irwin Law

https://twitter.com/irwinlaw

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star1,137 reviews

Books on law do not need to be difficult, dull, and costly. At Irwin Law Inc., our aim is to produce books of exceptional quality at affordable prices. We are determined to produce books that are modern, lively, and interesting, as well as clearly organized and attractively designed, at prices substantially lower than our competitors. Indeed, our books are accessible to students and legal practitioners alike, while maintaining the highest standards of excellence. As Canada's youngest law publisher, Irwin Law brings an innovative approach and fresh ideas to legal publishing. The company was established in 1996 - very recently in an industry whose roots go back to 1855. At its inception, Irwin Law Inc. was affiliated with the Stoddart Publishing Group. In 1999, Irwin Law was purchased by Quicklaw, Canada's leading online legal research service. The purchase was a natural, as Irwin Law had been among the first publishers to make its books available on the online database. However, when Quicklaw was purchased by LexisNexis Group in July 2002, Irwin Law needed to find new owners. The company was purchased by a small group led by Irwin Law's founding publisher, Jeffrey Miller. From its beginning, Irwin Law has strived to publish books that do more than outline the current state of the law. They analyze the complex issues of the day in a succinct and readable style and in a manner that is probing and thoughtful. Our books are accurate, comprehensive, and up-to-date. Indeed, all manuscript submissions are subject to peer review and our authors are among the leading law practitioners and professors in Canada and the world. Irwin Law brings to the marketplace books that whet the reader's curiosity, challenge established tradition, and create intellectual excitement.

Janet Walker & Lorne Sossin
Janet Walker & Lorne Sossin

Janet Walker, B.A. (Hons), M.A., LL.B., D.Phil. (Oxon), is Professor of Law and former Associate Dean of Osgoode Hall Law School. Professor Walker specializes in domestic and international procedural law, in- cluding conflict of laws and international commercial arbitration. She is the author of Castel & Walker, Canadian Conflict of Laws and Hals- bury’s Laws of Canada: Conflict of Laws, and is the general editor of the recent editions of The Civil Litigation Process: Cases and Materials. Pro- fessor Walker is the common law advisor to the Federal Courts Rules Committee, and she was an international advisor to the American Law Institute Project on Transnational Principles and Rules of Civil Procedure. As Oxford’s 2010 Leverhulme Visiting Professor, she will develop ways to introduce procedural law into the undergraduate curriculum. Lorne Sossin, B.A., M.A., Ph.D., LL.B., LL.M., J.S.D. is a Professor at the Faculty of Law, University of Toronto, where he has been teaching since 2002. Prior to that, he was on the faculty of Osgoode Hall Law School. At the University of Toronto, he is a former Associate Dean (2004–2007) and is the inaugural Academic Director of the Centre for the Legal Profession. Professor Sossin’s areas of expertise include civil litigation, administrative law, the legal profession, and the legal process. He has written several books and numerous articles on these subjects, including Administrative Law in Context (co-edited with Colleen Flood) and Boundaries of Judicial Review: The Law of Justiciability in Canada. Professor Sossin is the recipient of several awards for teaching and scholarship, including the 2009 OCUFA Award for Excellence in Teaching.

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What Students Are Saying

4.5
Student's Choice
2 reviews

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