Outline of an Action Under the Ontario Judicature Act, Showing at a Glance the Procedure Under the Act and Rules: An Adaptation of Mr. Herbert E. Boyle's "Précis of an Action Under the English Judicature Acts and Rules"
Willing & Williamson, 1881 - 102 páginas
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admit affidavit alleged allowed amendment amount appearance application attachment cause of action Chancery copy costs counter-claim County Court or Judge damages default defendant deliver delivery demurrer determined direct discovery Division documents effect enforced entered entitled entry evidence examination execution expiration fact filing firm Forms further give notice given guardian hearing indorsement inspection interest issue Judge Rule judgment jurisdiction jury land leave limited manner matter ment mentioned months motion for judgment necessary notice obtained officer Ontario opposite party original otherwise otherwise ordered payment person plaintiff pleading possession proceed proceedings produce proper proved question raised reason recovery referred relief renewed reply respect satisfied separate served set-off shew sittings solicitor statement of claim sufficient summons taken thereof third tion Toronto trial tried unless unless the Court whole witness writ
Página 58 - of any defendant it shall appear that such joinder may " embarrass or delay the trial of the action, the Court or a " judge may order separate trials or make such other order as " may be expedient. And judgment may be given for such one or " more of the plaintiffs as may be found to be entitled to relief, " for such relief as he or they may be entitled to, without any
Página 67 - If, on the hearing of such application as in the last preceding rule mentioned, it shall appear to the Court or a Judge that the causes of action are such as cannot all be conveniently disposed of in one action, the Court or a Judge may order any of such causes of action to be excluded...
Página 44 - Judge shall certify that the Refusal to admit was reasonable ; and no Costs of proving any Document shall be allowed unless such Notice be given, except in Cases where the Omission to give the Notice is in the Opinion of the Master a Saving of Expense.
Página 5 - I., with such variations as circumstances may require ; and a writ of summons so renewed shall remain in force and be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited, and for all other purposes, from the date of the issuing of the original writ of summons.
Página 53 - If the party who has obtained judgment or an order claims to be entitled to issue execution against any other person as being a member of the firm, he may apply to the Court or a Judge for leave so to do ; and the Court or Judge may give such leave if the liability be not disputed, or if such liability be disputed may order that the liability of such person be tried and determined in any manner in which any issue or question in an action may be tried and determined.
Página 42 - ... may apply to the Court or Judge to dismiss the action for want of prosecution ; and on the hearing of such application, the Court or a Judge may order the action to be dismissed accordingly, or may make such other order, and on such terms, as to the Court or Judge may seem just.
Página 47 - Any verdict or judgment obtained where one party does not appear at the trial, may be set aside by the Court or a Jndge upon such terms as may seem fit, upon an application made within six days after the trial ; such application may be made either at the assizes or in Middlesex.
Página 75 - Where by reason of marriage, death, or bankruptcy, or any other event occurring after the commencement of a cause or matter, and causing a change or transmission of interest or liability...
Página 24 - ... against him ; but the court or a judge may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he may have no interest.
Página 25 - ... remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them respectively in such cause or matter; so that, as far as possible, all matters so in controversy between the said parties respectively may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided.