Deemed/Implied Undertaking Rule With certain limited exceptions, the parties to an action are not permitted to use the evidence or information obtained from the other party during documentary and oral discovery for any purpose other than the court proceeding in which such information was obtained. Motions and Other Interlocutory Proceedings PRE-TRIAL PROCEEDINGS A party may bring a motion (in Ontario) or an application (in Québec) to the court at any time, either before or during trial. The other parties must be given notice of such a motion or application, and they must be provided with adequate opportunity to respond, other than in circumstances of exceptional urgency or where providing notice could effectively defeat the motion or application. MOTIONS FOR SUMMARY JUDGMENT OR TO DISMISS PROCEEDINGS In Ontario, either party may seek to bring a motion for summary judgment at a preliminary stage of the proceeding. Summary judgment is appropriate in cases in which there is no genuine issue requiring a trial. Motions for summary judgment typically cannot be brought without permission from the court. A court may also dismiss proceedings that limit freedom of expression on matters of public interest (known as Strategic Lawsuits Against Public Participation, or SLAPPs), or that the court otherwise considers to be frivolous, vexatious or an abuse of process.
In both Québec and Ontario, a party is allowed, prior to trial, to ask the other party questions out of court and to have the questions and answers officially recorded by a stenographer.
152
Doing Business in Canada
Powered by FlippingBook