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Hi Everyone, it's Kristy from Clearly Legal. I wanted to talk with you today a bit about the purpose of the Rules of Civil Procedure. Litigation, going back to Egypt, Greece and Rome (yes, I went there) is run and managed by Rules. (sarcasm and all of the delays aside, litigation being run and managed by rules is what is actually supposed to happen, is what is intended). In Ontario, the Rules of Civil are designed to run and manage litigation. What Are the Rules of Civil Pro

Hi Everyone, it's Kristy from Clearly Legal. Let's chat about the Order to Continue. When a party involved in litigation dies or faces bankruptcy, or faces other reasons why that party's involvement must be transferred (death and bankruptcy are the most common, and the focus on this blog) the legal process does not simply stop. Instead, the court may issue an Order to Continue to transfer the party’s interest or liability to another person. What Is an Order to Continue? An Or

Hi Everyone, it's Kristy from Clearly Legal. Let's chat today about what setting down (setting down for trial) is. When you reach the point in a legal dispute where the matter is not settling and is ready to move forward, setting it down for trial is a key step. This process tells the court that you are prepared to proceed to a court hearing. Setting down for trial might sound complicated, but it’s really about organizing and submitting the right documents in the correct orde

Hi Everyone, it's Kristy from Clearly Legal. Let's chat today about the Small Claims Settlement Conference. The settlement conference is your first chance in court to resolve the dispute without going to a full hearing. Settlement conferences are designed to be informal and practical. They focus on finding common ground and narrowing down the issues. What Happens at a Settlement Conference The court schedules the settlement conference after the defendant files the defence. U

Hi Everyone, it's Kristy from Clearly Legal. Let's chat today about Noting in Default. When a defendant misses the deadline to respond to a Statement of Claim or Plaintiff Claim, the process of noting in default begins. This step has significant consequences for both the defendant and the plaintiff. If you are involved in litigation, knowing how noting in default works can save you time, money, and unnecessary complications. What Does Noting in Default Mean? Noting in defaul

Hi Everyone, it's Kristy from Clearly Lega. I wanted to chat with you today about mediation and arbitration. Legal disputes can disrupt time and be involved, and resolving them does not always require a lengthy traditional court battle. In Ontario, many people turn to alternative dispute resolution (ADR) methods like mediation and arbitration to settle conflicts more efficiently. What is Alternative Dispute Resolution? Alternative dispute resolution refers to ways of resolvin

Hi Everyone, it's Kristy from Clearly Legal. Let's chat today a bit about expert evidence. Litigation can easily involve the need and use of experts, even simple non-complex litigation can require the use of an expert. So, expert evidence often plays a crucial role. But how do courts decide if this expert testimony is allowed? Understanding the test for admissibility of expert evidence helps to minimize the fight and question of expert evidence being admitted. What Is Expert

Hi Everyone, it's Kristy from Clearly Legal. I wanted to chat with you today about Paying Into Court , what it is and why you sometimes need to. What Does Paying Money into Court Mean? You are not always able to pay someone the money that is owed to them. You sometimes want to ensure that the Plaintiff can pay when their litigation fails (yes, I know, negative, but, for the Defendant, smart). Paying money into court means depositing funds with the Accountant of the Superior C

Hi Everyone, it's Kristy from Clearly Legal. Let's chat today about the basics of what Caselaw Is. You might already know about legislation, the laws passed by Parliament or provincial legislatures. There is another equally important source of law that shapes how legislation is applied and interpreted: caselaw. What is Caselaw? Caselaw is the body of law created by judges when they make decisions in court cases. Unlike legislation, which is written and passed by elected offic

Hi Everyone, it's Kristy from Clearly Legal. I wanted to chat with you today about disability, as defined by the Rules of Civil Procedure. Disability plays a crucial role in civil litigation under Ontario's Rules of Civil Procedure, because it creates limitations and extra consideration that all parties need to be aware of and work with. What Disability Means Under Ontario's Rules of Civil Procedure In Ontario, the term disability has a specific legal meaning within civil pr

Hi Everyone, it's Kristy from Clearly Legal. I wanted to chat today about how litigation can quickly become complicated. When additional parties are added, more issue and schedules to contend with are added. Third and Fourth Party Claims add layers to the original case, making it essential to have legal project management, a plan and understanding of how all of the litigation works together. What Is a Third Party Claim? A third party claim happens when a defendant in a laws

Hi Everyone, it's Kristy from Clearly Legal. Today, I want to chat about pre-judgment and post-judgment interest. Litigation comes with costs, and you are allowed interest on those costs. This extra amount comes from pre-judgment interest and post-judgment interest . Understanding these concepts can help you better manage your expectations and ensure you receive the full amount owed to you. The question of why we get to charge interest at all might be a different blog... Wha

Hi Everyone, it's Kristy from Cleary Legal. I wanted to chat about costs today. When you are involved in litigation, managing costs effectively can make a significant difference to your case and your budget. Two key documents often come up in this process: the Bill of Costs and the Cost Outline . While they might seem similar (and many people MAY use them interchangeably....), they serve different purposes and are used at different stages of litigation. By the way, all Bill

Hi Everyone, it's Kristy from Clearly Legal. I wanted to chat with you today about the basics of the contract. Contracts are a part of everyday life, whether you realize it or not. What makes a contract valid and enforceable? I want to chat about the 6 basic elements of the contract. Capacity: Who Can Enter a Contract The first element is capacity . This means the people involved must be legally able to enter into a contract. Generally, this requires: Being 18 years of age or

Hi Everyone, it's Kristy from Clearly Legal. Let's chat today about what comes after the EFD. When you attend examinations for discovery (EFDs) , you consider document disclosure and identifying missing or new information. During EFDs, the questions you ask will create undertakings , under advisements , and refusals . What Are Undertakings in Discoveries? Undertakings are promises made by one party to provide specific documents or information that were not immediately availa

Hi Everyone, it's Kristy from Clearly Legal. Let's chat today about Examinations for Discovery or EFDs. These meetings play a crucial role in the legal process, helping parties gather information, clarify facts, and prepare for the next steps in a case. Understanding how EFDs work can save you time, reduce costs, and improve your overall case strategy. What Are Examinations for Discovery? Examinations for Discovery are meetings where the parties involved in litigation come t

Hi Everyone, it's Kristy from Clearly Legal. I wanted to chat with you about what I can do for you, as a freelancer. From correspondence to pleadings to briefs, and more. I took 17 years of traditional law and became a skilled freelancer. By outsourcing document organization and support tasks to me, you can save time, reduce stress, and improve overall efficiency. Let's chat a little about why and how. How Freelance Legal Support Eases Your Workload A freelancer with experien

Hi Everyone, it's Kristy from Clearly Legal. I wanted to chat with you today about document disclosure, and undertakings. Document disclosure is the exchange of documents and how the discovery process happens, where parties share evidence to clarify issues and move toward resolution. What Is Document Disclosure and Why It Matters Document disclosure refers to the process where parties in litigation exchange relevant documents. This exchange allows each side to see the evidenc

Hi Everyone, it's Kristy from Clearly Legal. Litigation often feels complex, especially if you are new to the legal system in Ontario. When disagreements arise that cannot be settled through conversation or negotiation, litigation becomes the path to resolving those conflicts. So, today I am breaking down a bit of the basic. What Litigation Means in Ontario Litigation is the legal process used to resolve non-criminal disputes through the court system. These disputes often inv

Hi Everyone, it's Kristy from Clearly Legal. I wanted to chat about legal project management today. Legal cases often involve many moving parts, tight deadlines, and many documents. Legal project management organizes these documents to ensure cases (all of them) move forward smoothly and efficiently. Legal project management means overseeing every aspect of a legal matter, from scheduling key tasks to organizing correspondence and documents. What Legal Project Management In