Index

AuthorJanet Walker/Lorne Sossin
ProfessionOsgoode Hall Law School, York University/Faculty of Law, University of Toronto
Pages287-299
287
INDEX
Abuse of process , 48, 109, 110, 111, 114,
115, 117, 118, 119, 120, 121, 125,
138, 143, 207, 226
Access to just ice
civil just ice reform and, 245, 246,
247n, 251, 256, 257n, 258, 263,
265–67, 268
class procee dings and, 140, 141, 142,
143, 144, 145, 148, 152, 154, 156,
157, 158, 161, 162, 163
costs and, 33, 35, 38– 45, 50, 51, 59
awarding of
interim, 4 0–43
pro bono lawyer s, to, 43
non-public-interest ca ses, 43–44
public-interest ca ses, 44–45
discovery, in, 173, 174
disposit ion without trial and, 205,
206, 219n, 221
size and scope of l itigation and, 108,
125
Actions, pleadi ngs and, 103–5
Adminis trative tribunal s, 10, 15–16, 24,
132
civil procee dings, impact on by deci-
sions of, 121–25
standard of re view, 16
Adversar y system, 17–28
claims, com mencement of, 59
common law and civ il law adjudica-
tion, 19–21
continuous oral t rial, 20, 22–23
party autonomy and p arty prosecu-
tion, 17–19, 20
trial, 2 8
steps leading up t o, 23–28
discovery a nd privilege, 26–27,
168, 172, 198, 199, 202
disposit ion without trial and
pre-trial re lief, 27–28
pleadings, 25 –26, 93
prelimin ary considerations,
23–24
Affidavit of doc uments, 170–71, 177,
178, 180, 260
Affidavit of re cords, 171, 176
Affirmat ive defence, 94, 95, 96
Allegations of f act, exchanging
pleadings and , 94–96
Alternat ive dispute resolution (ADR),
settlement, and publ ic interest,
262–67, 268
justice, improved acc ess to, 265–67
court-annexed me diation, 266
judicial di spute resolution (JDR),
266
settlement vers us just outcomes,
264–65
transp arent justice, 263–6 4

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