C-25.01 - Code of Civil Procedure

Section 148 Disposition versions

2020-12-11

148. The parties are required to co-operate to either arrive at a settlement or establish a case protocol. In the case protocol, the parties set out their agreements and undertakings and the issues in dispute, indicate the consideration given to private dispute prevention and resolution processes, describe the steps to be taken to ensure the orderly conduct of the proceeding, assess the time completing these steps could require and the foreseeable legal costs, and set the deadlines to be met within the strict time limit for trial readiness.

The case protocol covers such aspects as

(1)  preliminary exceptions and safeguard measures;

(2)  the advisability of holding a settlement conference;

(3)  pre-trial written or oral examinations, their necessity and, if any are to be conducted, their anticipated number and length;

(4)  the advisability of seeking one or more expert opinions, the nature of the opinion or opinions to be sought and the reasons why the parties do not intend to jointly seek expert opinion, if that is the case;

(5)  the defence, whether it will be oral or written, and, if the defence is oral, the advisability of filing a brief outline of the arguments made and the time limit for filing the outline if it cannot be filed with the case protocol or, if the defence is written, the time limit for filing it;

(6)  the procedure and time limit for pre-trial discovery and disclosure;

(7)  foreseeable incidental applications;

(8)  the extension of the time limit for trial readiness, if an extension proves necessary; and

(9)  the methods of notification the parties intend to use.

If warranted by the complexity of the case or by special circumstances, the parties may agree on a complementary protocol to provide for points that cannot be determined at the case protocol stage or identify certain points on which they were unable to reach an agreement.

2014, c. 1, a. 148; I.N. 2016-12-01; 2020, c. 29, s. 21.

2016-12-01

148. The parties are required to co-operate to either arrive at a settlement or establish a case protocol. In the case protocol, the parties set out their agreements and undertakings and the issues in dispute, indicate the consideration given to private dispute prevention and resolution processes, describe the steps to be taken to ensure the orderly conduct of the proceeding, assess the time completing these steps could require and the foreseeable legal costs, and set the deadlines to be met within the strict time limit for trial readiness.

The case protocol covers such aspects as

(1)  preliminary exceptions and safeguard measures;

(2)  the advisability of holding a settlement conference;

(3)  pre-trial written or oral examinations, their necessity and, if any are to be conducted, their anticipated number and length;

(4)  the advisability of seeking one or more expert opinions, the nature of the opinion or opinions to be sought and the reasons why the parties do not intend to jointly seek expert opinion, if that is the case;

(5)  the defence, whether it will be oral or written and, if written, the time limit for filing it;

(6)  the procedure and time limit for pre-trial discovery and disclosure;

(7)  foreseeable incidental applications;

(8)  the extension of the time limit for trial readiness, if an extension proves necessary; and

(9)  the methods of notification the parties intend to use.

If warranted by the complexity of the case or by special circumstances, the parties may agree on a complementary protocol to provide for points that cannot be determined at the case protocol stage or identify certain points on which they were unable to reach an agreement.

2014, c. 1, a. 148; I.N. 2016-12-01.

2016-01-01

148. The parties are required to co-operate to either arrive at a settlement or establish a case protocol. In the case protocol, the parties set out their agreements and undertakings and the issues in dispute, indicate the consideration given to private dispute prevention and resolution processes, describe the steps to be taken to ensure the orderly progress of the proceeding, assess the time completing these steps could require and the foreseeable legal costs, and set the deadlines to be met within the strict time limit for trial readiness.

The case protocol covers such aspects as

(1)  preliminary exceptions and safeguard measures;

(2)  the advisability of holding a settlement conference;

(3)  pre-trial written or oral examinations, their necessity and, if any are to be conducted, their anticipated number and length;

(4)  the advisability of seeking one or more expert opinions, the nature of the opinion or opinions to be sought and the reasons why the parties do not intend to jointly seek expert opinion, if that is the case;

(5)  the defence, whether it will be oral or written and, if written, the time limit for filing it;

(6)  the procedure and time limit for pre-trial discovery and disclosure;

(7)  foreseeable incidental applications;

(8)  the extension of the time limit for trial readiness, if an extension proves necessary; and

(9)  the methods of notification the parties intend to use.

If warranted by the complexity of the case or by special circumstances, the parties may agree on a complementary protocol to provide for points that cannot be determined at the case protocol stage or identify certain points on which they were unable to reach an agreement.

2014, c. 1, a. 148.