Taran Virtual Associates

TVA | Precedent: Summary Judgment

This recently updated (2016) precedent factum provides you with a solid foundation for your argument in support of summary judgment. The precedent starts with up-to-date law on the purpose of Rule 20, as well as all of the tests and law applied in every summary judgment scenario under Rule 20.04. You are merely required to choose the paragraphs relevant to your case under the rule, and remove the rest. Next, the precedent moves on to the recent test for granting summary judgment, including the recent "culture shift" as pronounced by the Supreme Court of Canada in 2014, as well as the new powers given to motions judges on Rule 20 motions as set out in the Rules of Civil Procedure. Lastly, the precedent pronounces the recent law on the procedure to be followed on a summary judgment motion, as well as the law on the burden of proof.

The 2016 update provides further meaning to the concept of the "culture shift". Additionally, the principle of proportianality is addressed, thwarting the notion that all large, complicated cases must go to trail, while small, single-issue cases should not.

Busy counsel can use this precedent again and again, and are required only to add their own facts, and any additional case law that may be specific to their particular fact scenario. This precedent has been reviewed and approved by a retired Justice of the Ontario Superior Court of Justice, who has over 20 years experience on the bench, and 23 years as a civil litigator before that. It is 18 pages in length and cites 25 different cases. A must-have for any civil litigator.

Cost: $375 + HST
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TVA | Precedent: Infant Settlement

TVA | Precedent materials on Infant Settlement provides you with both application and motion materials to assist you in obtaining an order for the approval of a settlement under Rule 7.08 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. While often referred to as "infant settlements", the Rule applies to settlements made on behalf of "persons under disability", the definition of which includes both minors and persons deemed to be mentally incapable.

Application (i.e. where no action has been commenced) on behalf of a mentally incapable plaintiff for the approval of a structured settlement of SABS entitlements. Document includes:

  1. Application Record Cover & Index
  2. Notice of Application
  3. Minutes of Settlement
  4. Affidavit of Litigation Guardian
  5. Affidavit of Counsel to Litigation Guardian
  6. Consent to the Parties
  7. Draft Judgment

Motion (i.e. within an action) on behalf of a minor plaintiff for the approval of the non-structured settlement of a tort action. Document includes:

  1. Motion Record Cover & Index
  2. Notice of Motion
  3. Affidavit of Counsel to Litigation Guardian
  4. Affidavit of Litigation Guardian
  5. Minutes of Settlement
  6. Consent of the Parties
  7. Draft Judgment

As each situation is fact specific, the facts of your case will dictate which set of precedents to use, whether a hybrid of the two versions is most appropriate, and what additional language will be required to best describe the settlement terms agreed to in your particular case.

Cost: $375 + HST (includes both Application and Motion materials)
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TVA | Precedent: Threshold **UPDATED**

Facing a threshold motion? Contemplating bringing one? TVA has you covered.

This 25-paged precedent reads like the law portion of a factum and takes you step-by-step through the test for determining whether the plaintiff has met the threshold as set out by the Insurance Act, R.S.O. 1990, c. I.8, as amended, and its Regulations.  With over 60 authorities referred to, it is a thorough and comprehensive legal argument, requiring you only to customize it with the plaintiff’s relevant injuries and limitations on a case by case basis. 

Two versions are available – one for the plaintiff and one for the defendant. Discounts apply when both versions are purchased. Available in an editable format, this helpful precedent will save you the time and energy you would otherwise have to spend re-inventing the wheel.

Preview PLAINTIFF'S THRESHOLD

Preview DEFENDANT'S THRESHOLD

SINGLE: $375 + HST
BOTH: $595 + HST
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TVA | Precedent: Letter Requesting Expert's Report & Annotated Discovery Plan

One of TVA's Virtual Associates with over 30 years of personal injury experience has drafted precedents to help you implement two of the amendments to the Rules of Civil Procedure.

Expert reports that you intend to rely upon at trial will need to comply with the new rules. As such, letters that you are sending to an expert requesting a report need to set out these new requirements.

Similarly, the new rules require that all parties to an action agree to a discovery plan before attempting to obtain evidence by way of:

• Discovery of Documents (Rule 30)
• Examination for Discovery - either orally or in writing (Rules 31 or 35);
• Inspection of Property (Rule 32); or
• Medical Examinations (Rule 33)

Cost: $95 + HST
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Email Nicole Maniar at nmaniar@virtualassociates.ca to purchase precedents.
Toll-free: 1-877-262-7762 x3
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