A Comparative Approach to Civil Procedure

More than a decade since the Supreme Court called for Canada’s civil justice system to embrace a “culture shift” in Hryniak v. Mauldlin, major reforms of civil procedure are under consideration in Ontario and elsewhere. There is a renewed commitment to addressing procedural barriers, delays, and costs that risk putting civil justice out of reach for many and prompting businesses to choose arbitration over the civil courts.

This course will explore how to address these challenges by comparing Canadian courts to the U.S. federal court system. Drawing on our experience in both systems, we will address core foundational topics such as the goals of civil procedure, motions to dismiss, case management, discovery, settlement and mediation, and motions for summary judgment, along with the potential of legal technology to reshape civil procedure. Several distinguished guest speakers – including scholars, judges, and counsel – will share in-person their first-hand experiences of emerging procedural challenges in Canada and how U.S. courts have addressed similar matters. Moderated and student-led seminar discussion will enable active participation, engagement with course concepts, and linking those concepts to real-world contemporary developments.

The purpose of this seminar is three-fold. First, to help aspiring litigators understand the challenges our civil justice system faces and how to solve them. Second, to inform students interested in practicing in south of the border how the U.S. federal system works and how it differs from our own. Third, to enable students to learn how to deliver an effective focused oral presentation, lead classroom discussion, and write an original academic paper, which students could submit to an academic journal.