In tort law if you come from the perspective of the economist then judges behave ‘as if’ they were setting precedents that discourages negligent behaviour. There are two primary approaches:
1) ex ante: precedent used as deterrent,
2) ex post: used to compensate victims.
Pleadings function to include written statements of the parties to an action, served by each party in turn on the
other, and filed in court, which set forth in a summary form the material facts on which each party relies in support of the claim or defence, as the case may be.
By the time the pleadings are closed, there will be a precise definition of the issues between the parties.
There are 3 fundamental principles of pleading:
Continue reading Pleading in Civil Action in Canada
Generally one has to go through a checklist of issue identification to verify that your legal problem is something capable of starting in Queen’s Bench. that checklist would inclue:
Conditions Precedent (will depend on who you are suing)
Limitations on Right of Action
Suspension of Right of Action
Extinction of Right of Action
All whilst considering: Choice of Venue & Change of Venue
Service of Process – SERVING A DOCUMENT MEANS GIVING IT TO THE OTHER PARTY INFORMING THEM THAT YOU ARE GOING TO SUE THEM.