CPD: OPA, Pleadings: A Practitioner’s Guide

Overview

This CPD will offer an overview of pleadings and their value to litigation, offer a practical guide as to how to plead properly, and give advice on how to deal with bad pleadings from opposing parties.  Why are ‘pleadings’ important?  As a document of record, it is available and may be referenced on pre-trial motions and proceedings (especially case management and settlement conferences).  It provides the most basic and necessary information: (i) the parties to the litigation; (ii) the issues or questions of fact and law which are in dispute (and thus allows for the determination as to whether a reasonable cause of action or defence in issue); (iii) determines who has the burden of proof; (iv) determines the relevancy of evidence at trial; (v) sets out the relief sought.  As a persuasive document, it presents the Court with a comprehensive theory of the case from one party’s perspective.  Pleadings are important, so it is necessary to spend sufficient time investigating and analyzing a client’s position before drafting the pleadings.  As a strategic document, it shapes the scope of oral discovery and production of documents.  In general, litigation begins with pleadings that set the outside boundaries of the disputes which are then narrowed on an ongoing basis through discovery, admissions, agreements, and interlocutory orders.  From a broad series of allegations and counter-allegations, we aim to try the matter on as few issues as possible.

Guest Speaker

George Brown

Paralegal,  George Brown Professional Corporation

Andrew Hyland

Paralegal,  Horlick Levi Di Lella LLP

Kristina MacDonald

Paralegal,  Pursuit Legal Services

What Will You Learn?

• Pleadings and Their Value:  Definition of pleadings, Paralegal Rules of Conduct Rule 5, Pleadings as representation of skill of the paralegal, Pleadings as a roadmap to litigation.
• Pleadings in the Small Claims Court: Requirements of Rule 7, Non-technical language, Conciseness, Particulars, the essential elements of a case - Examples, the prayer for relief, Disclosure obligations.
• Responding to Bad Pleadings:  Types of bad pleadings (with examples), Lack of particulars, Failure to state a cause of action, claims where the court cannot grant the relief, Inflammatory and vexatious pleadings, what to draft in response, Cost consequences of bad pleadings-Rule 19.06 and s. 29 of CJA, Rule 12.02 Motions to Strike.
• Pleadings at the Landlord and Tenant Board:  Requirements set out in Ball v. Metro Capital, Substantial compliance, amending an application versus amending a termination notice, Types of bad pleadings at the LTB (with examples), Want of jurisdiction, Lack of particulars, Inflammatory and vexatious pleadings, Dealing with bad pleadings at the Landlord and Tenant Board.
• Drafting Good Affidavits: A well-drafted affidavit should be clear, concise, and comply with the rules of the court.

Materials Included:

• Pleadings A Practitioner's Guide PowerPoint