In this course you will learn the process of a civil lawsuit – from before it begins through an appeal, with almost all important steps taking place prior to a theoretical trial. We will progress in accordance with the strategic decisions lawyers need to make from a procedural perspective. These include considerations of: a) costs awards; b) limitations periods and how they affect Indigenous litigants; c) pleadings and service; d) prohibitions against re-litigation; e) discovery; f) settlement; g) dispositive and non-dispositive motions; h) procedural aspects of a trial; and i) appeals.
By the end of the semester, you should have:
• understood the basic steps that a lawsuit is supposed to go through in common law Canada in general, and Manitoba in particular;
• understood the essentials of drafting procedural documents and their importance in a lawsuit;
• an appreciation of strategic decisions that need to be made in advancing a lawsuit; and
• considered how the foregoing relate to your clients’ interests and access to justice.