Is There Too Much Judicial Intervention in Civil Litigation

Anna Wong & Keith M. Landy

Have you received a status notice recently?

Rumour has it the Ontario Superior Court may be considering doing away with status notices due in part to its inconsistent implementation throughout the province. For non-litigators, a status notice is a form issued by the court advising that it will dismiss the matter unless the parties do one of following within 90 days: set the action down for trial or terminate the action; request a status hearing; or consent to an order establishing a timetable. A status hearing essentially entails the parties — typically the plaintiff — trying to persuade the presiding judge or master as to why the court should not dismiss the action. If the party takes no steps, the court will dismiss the action with costs. A status hearing is in essence a way for the court to supervise the parties to ensure that the proceeding does not fall dormant.

Read the rest at Law Times.

PDF Icon Law Times, June 23, 2014
Is There Too Much Judicial Intervention in Civil Litigation