Litigation Research with Casey

A statement of claim must set out the material facts supporting the cause of action. Courts may strike pleadings that are deficient, scandalous, or disclose no reasonable cause of action. Getting the pleadings right at the outset frames the entire litigation.

Casey returns decisions on motions to strike, how courts applied the plain and obvious test, what deficiencies warranted striking pleadings, and when amendments were permitted to cure defective claims.

Discovery requires parties to produce relevant documents and answer questions under oath. Disputes arise over the scope of production, privilege claims, and relevance objections. Courts balance thorough disclosure against proportionality and cost.

Casey surfaces rulings on discovery motions, how courts applied proportionality principles, when broad production requests were narrowed, and what consequences followed from inadequate disclosure or failure to preserve documents.

Summary judgment allows a court to decide a case without a full trial when there is no genuine issue requiring a trial. The test balances efficiency against the right to a hearing. Courts consider whether the evidence is sufficient to fairly resolve the dispute.

Casey retrieves decisions applying the Hryniak framework for summary judgment, how courts assessed whether a genuine issue requiring trial existed, when enhanced fact-finding powers were used, and what types of cases were suitable for summary resolution.

Trial procedure governs how evidence is presented, witnesses are examined, and arguments are made. Rules of evidence determine what is admissible. Understanding procedural requirements helps parties avoid missteps that could affect the outcome.

Casey returns rulings on hearsay exceptions, how courts applied the principled approach based on necessity and reliability, what types of hearsay were commonly admitted or excluded, and how the weight of hearsay evidence was assessed.

The losing party in civil litigation typically pays a portion of the winner's legal costs. Courts exercise discretion in setting the amount and may consider factors like the complexity of the case, the conduct of the parties, and any settlement offers.

Casey surfaces decisions on costs, how courts applied partial indemnity versus substantial indemnity scales, what factors increased or reduced costs awards, and how settlement offers and litigation conduct influenced the final amount.

Every claim must be brought within a statutory limitation period. Missing the deadline bars the claim entirely, regardless of its merits. Courts address when the limitation period begins to run, whether it was suspended, and whether the discoverability principle applies.

Casey retrieves decisions on the discoverability rule, how courts determined when a claimant knew or ought to have known about the claim, what due diligence was required, and when limitation defences succeeded or were defeated.