Western Libraries

Civil Practice & Procedure

John & Dotsa Bitove Family Law Library

Legal Citation

McGill Guide

Law 2HR Reserve

KF240 .C354 2018

Law Reports & Treatises

Canadian Cases on the Law of Torts

KE1232 .C35 (print  - 1976-2014 - in storage)
The CCLT features all important decisions in tort law from all Canadian jurisdictions selected by experts in the field. Includes cases on negligence principles, medical malpractice, professional negligence, personal injury, contributory negligence, defamation, economic torts and products liability. Articles, annotations and case comments are also included. Available online via Westlaw Edge Canada.

Carswell's Practice Cases

KE335 .A45 C37 (print - 1976-2014 -  in storage)
Carswell's Practice Cases features all important decisions on practice in civil proceedings from all Canadian common law jurisdictions and all court levels selected by experts in the field. Includes cases on institution of proceedings, parties, pleadings, service, limitation of actions, third-party proceedings, discovery, evidence, injunctions, judgments and orders, costs and appeals. Articles, annotations and case comments are also included. Available online via Westlaw Edge Canada.

Goldsmith's Damages for Personal Injury and Death

KE1237 .A54 G64
Damages for Personal Injury and Death provides the most comprehensive and up-to-date collection of court decisions in which damages for personal injury or death have been awarded. It keeps subscribers abreast of the latest quantum of damages judgments and provides a wealth of cases upon which the researcher may draw.

The two components of Goldsmith - the Digest Service and the Consolidated Tables of Damages - work together to achieve the paramount objectives of currency and comprehensiveness. The Digest Service is supplemented with digests of the most recent cases from all Canadian jurisdictions.

Ontario Reports

KEO117 .O577
Published by the Law Society of Upper Canada through LexisNexis Canada, the Ontario Reports, Third Series  provides, in full text, leading cases decided at all levels of Ontario courts. Published 50 times per year, the weekly parts also contain official Law Society notices (i.e., Practice Directions, Practice Resources and Tribunal Decisions), government notices of interest to the legal profession, fee schedules, lawyers' announcements and advertising. Cases are selected for inclusion based on whether the case:

  • Makes new law by dealing with a novel situation or by extending the application of existing principles
  • Includes a modern judicial restatement of established principles
  • Clarifies conflicting decisions of lower courts
  • Interprets legislation likely to have a wide application
  • Interprets a commonly- found clause, for example, in a contract or will
  • Clarifies an important point of practice or procedure

Also available online via LexisNexis Quicklaw.

Civil Practice and Procedure Texts

The law library has an extensive collection of Civil Practice and Procedure texts and treatises which are generally found in the KF8816 and KF8840 sections of the law library. The more heavily utilized resources are found in the law reserves collection, a listing of which can be searched from the library catalogue.

The Law of Civil Procedure in Ontario

KF8816.ZB3P47 2014
The 2nd edition of this title provides a substantive consideration of the rules including recent amendments by two authorities on civil procedure. It includes a discussion of the Supreme Court of Canada's decision in Hryniak v. Mauldin, which heralds a change in the orientation of civil procedure and encourages more frequent resort to proportionate procedures in civil proceedings.

Ontario Civil Practice

KF8816 .ZB3 O573
By: Garry D. Watson, Q.C., Michael McGowan
This text provides expert commentary on how the rules of civil procedure are interpreted and applied in specific situations. It includes Professor Watson's Annual Survey of Recent Developments in Civil Litigation, Ontario court forms as Word documents on a CD-Rom, full-text of the Rules of Civil Procedure, the Courts of Justic Act and related legislation and more.

6 volume supplemented looseleaf with one annual volume and one "forms" volume

Ontario Annual Practice

KF8816 .ZB3 C5
This text contains the latest developments in legislation, jurisprudence and authoritative author analysis on the rules of court. Includes an annotated Rules of Civil Procedure, Courts of Justice Act; Class Proceedings Act, 1992 and portions of the Law Society Act relevant to Class Actions; Judicial Review Procedure Act; Statutory Powers Procedure Act; Evidence Act; Limitations Act, 2002. Also contains Family Law Rules and Small Claims Court Rules. Annual volume + supplement

Canadian Civil Procedure Law

KF8816 .ZA2 A73 2010
This text discusses significant changes to the Ontario Rules of Court, key aspects of civil procedure such as statutes of limitation, proceedings against the Crown, and class proceedings, and includes leading case law. Also includes commentary on specific issues of interest such as What are the requirements for standing in a civil proceeding?; What types of questions are not permitted on discovery?; When is a stay available pending appeal?; and What are the various remedies for the enforcement of a court order?.

The Civil Litigation Process: Cases and Materials

KF8839 .ZA2 W28 2016
The 8th edition of this leading casebook reflects recent developments in the law and embodies changes in the evolving approach to the teaching and learning of procedural law in Canadian classrooms. The authors have added a number of new topics and materials — including Indigenous dispute resolution, constitutional rights to legal services, expert witness, and national class actions.

O’Brien’s Encyclopedia of Forms: Ontario- Court Forms

KE192 .O274  (Divsion VIII: Ontario court forms)
Collection of legal forms and precedents. Ten divisions: Commercial and General, Corporations, Conveyancing and Mortgages, Leases, Wills and Trusts, Family Law, Labour Relations and Employment, Ontario Court Forms, Municipal Corporations, Computers and Information Technology.
All divisions except for Conveyancing and Mortgages are available online via the library catalogue.

Williston and Rolls Court Forms

KF8816. ZB3 W557
Includes forms dealing with preliminary matters, pleadings, appeals as well as interim matters.

Advocacy Primer

KF8915 .S87 2015
The book provides a complete, succinct and practical discussion of how to litigate effectively a civil or criminal matter through the trial process to appeal. With an emphasis on organization, the reader is given practical information on the preparation and litigation of a case, from the initial client interview, through the pre-trial process, to preparing and organizing for trial, conduct of the trial itself, and then the appeal process. At each stage, the author provides helpful tips and examples designed to build the kind of advocacy skills that lead to winning results. New segments in the 4th edition include: use of technology - electronic trial books; use of visual aids in closing submissions; sequence of questioning. In addition, the sections on the competency of child witnesses and the admissibility of expert evidence have been significantly revised.

Holmested and Watson: Ontario Civil Procedure

KF 8816 .ZB3 H614
A general treatise on civil procedure with section by section and rule by rule commentary and annotations. The case law includes all cases on civil procedure from Ontario, all common law provinces in Canada and the Federal Court of Canada reported since 1985. It also includes significant decisions from the United Kingdom. Supplemented looseleaf.

Law of Costs

KF8995 .O7 1987
This resource covers all costs issues in legal proceedings, with relevant decisions analyzed and rules of court and tariffs referenced for every jurisdiction. It includes information on party-and-party costs and between solicitor and client; costs in civil and criminal proceedings; cost awards in bankruptcy and insolvency proceedings and construction liens; costs at each level of the judicial system. Supplemented looseleaf.

Halsbury's Laws of Canada

For over 100 years, Halsbury's has been recognized as the premier legal reference in the world of common law. Halsbury's Laws of Canada continues in the tradition, delivering an authoritative, reliable and elegant statement of Canadian law. Also available online via LexisNexis Quicklaw.

Halsbury’s Laws of Canada - Civil Procedure - Contributed by Linda S. Abrams, Kevin P. McGuinness, Jay Brecher
KE180 .H346 C585 2017

This volume, organized on a topical basis, outlines the framework for litigation in civil courts across Canada. Topics covered include: jurisdictional issues; pleadings; motions in a proceeding; discovery; trials; costs; and appeals.