The latest legislative and case law developments pertaining to the Ontario Rules of Civil Procedure

The 2024 Edition of Ontario Superior Court Practice incorporates legislative developments and the most salient case law pertaining to the Ontario Rules of Civil Procedure, the Rules of the Small Claims Court and related statutes including the Class Proceedings Act, 1992, the Solicitor's Act, the Limitations Act, 2002, and more.

Updates to the 2024 Edition include:

• The latest amendments to the statutes and Rules, including O. Reg. 520/22 (lawyers may file certificates of service in place of affidavits of service);
• Practice Notes incorporating the major appellate decisions since the previous edition on such key issues as enforcement of foreign judgments and the use of the Reciprocal Enforcement of Judgments Act (H.M.B. Holdings v. Antigua and Barbuda); justness of security for costs orders (Gauthier Estate v. White); reasonable expectations with respect to costs awards (Apotex v. Eli Lilly Canada), defamation and civil conspiracy pleadings (PMC York Properties v. Siudak), and sentencing principles on contempt motions (Caja Parguaya De Jubilaciones Y Pensiones Del Personal De Itaipu Binacional v. Obregon);
• Re-organizing of Practice Notes under the anti-SLAPP provision (CJA, s. 137.1) with new headings to reflect the burgeoning case law from Ontario courts, including the Court of Appeal's direction in Park Lawn Corporation v. Kahu Capital Partners Ltd. to reign in the legal costs of such motions;
• Commentary on the first decision (Agha v. Munroe) to review the new provisions of Rule 53.03, which became effective on March 31, 2022; and
• The Causes of Action, Defences and Remedies Table (Table IV) has been updated to incorporate the latest pronouncements from the Supreme Court of Canada and Ontario Court of Appeal regarding tortious assault, force majeure clauses in contracts, corporate attribution, misrepresentation in securities filings, the requirement of leave to sue the Provincial Crown, promissory estoppel and formal validity of wills.

Exclusive E-Book Functionality

Combining technology and superior annotation and commentary, OSCP includes a complimentary e-book version that exclusively offers hyperlinks to full text cases, so you can read a specific rule, locate a relevant case, and link to a full-text version online without additional charge. Plus, you can read, bookmark, copy and email text, do key word searches and make highlights and notes. Plus, LexisNexis e-books are optimized for all mobile devices. Available with purchase of the Professional Edition only.

Contributing Author: Andrew James