A Comparative Approach to Civil Procedure (LAW283H1F)

More than a decade since the Supreme Court called for Canada’s civil justice system to embrace a “culture shift” in Hryniak v. Mauldlin, major reforms of civil procedure are underway in Ontario and elsewhere. There is a renewed commitment to addressing procedural barriers and excessive delays and costs that risk putting civil justice out of reach for many and prompting businesses to choose arbitration over the civil courts.

This course will explore how to address these challenges by comparing Canadian courts to the U.S. federal court system. Drawing on our experience in both systems, we will address topics such as the goals of civil procedure, motions to dismiss, case management, discovery, settlement and mediation, and motions for summary judgment. Throughout the class, guest speakers – including scholars, judges, and counsel – who share their first-hand experiences of the challenges Canadian and U.S. courts have addressed similar challenges.

The purpose of this seminar is three-fold. First, to help aspiring litigators understand the challenges our civil justice system faces and how to solve them. Second, to inform students interested in practicing in south of the border how the U.S. federal system works and how it differs from our own. Third, to enable students to learn how to deliver an effective oral presentation and write an original academic paper, which students could submit to an academic journal.

Student use of laptops will be permitted in class only to present work-in-progress of the final paper.