Civil Procedure

Course Number
Course Description

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.

Teaching Method

The Queen’s Bench Rules will be examined as interpreted by Manitoba caselaw. Application of the Rules to potential problems will be the subject of problem-solving exercises in class.


• 75% comprehensive, open book exam (December 2021 exam period)
• three drafting assignments, worth:
o Drafting Exercise #1, a Statement of Defence: 10% (due October 21, 2022)
o Drafting Exercise #2, a Notice of Motion: 10% (due November 18, 2022)
o Drafting Exercise #3, an Affidavit: 10% (due November 18, 2022)
§ The weakest of the three assignments will be weighted 5% and the
other two will be weighted 10%
• optional 600-1500 word blog post, worth 25% (due December 2, 2022): will reduce the value of the drafting exercises and/or the exam, whichever best improves the students' mark
• potential for participation “bonus”

Course Materials

Janet Walker, et al, The Civil Litigation Process, 9th ed (Emond Montgomery, 2021)
Karen Busby, Manitoba Queen’s Bench Rules 2019