ILC104 - Litigation

Outline info
Semester
School
Last revision date 2015-01-28 04:02:48.799
Last review date 2015-03-16 00:15:04.675


Subject Title
Litigation

Subject Description
A diverse area of civil practice that presents you with a wide range of duties and responsibilities which may include legal research, drafting pleadings and preparing documents for court proceedings, preparing documentary evidence, preparing for and assisting at trial, and appeals; and preparing for examinations in aid of execution and the enforcement of orders. A good command of the written English language is a definite asset.

Credit Status
This is a credit subject applicable towards the Institute of Law Clerks Certificate Program, which prepares you to write the Institute of Law Clerks provincial Litigation examination. Upon successful completion of the ILCO examination, the Institute forwards a certificate along with the Litigation seal. There are places for four seals to be affixed to the certificate, representing each of the four examinations. This certificate indicates that you have successfully completed the educational requirements of the Institute of Law Clerks Associate level program.

Learning Outcomes
Upon successful completion of this subject the student will be able to:

1. Interact professionally with clients on an ongoing basis;

2. Explain substantive law with an emphasis on contracts and torts;

3. Describe the court system, including the mechanics of an action, and the procedural intricacies;

4. Draft legal documents including pleadings and materials for motions;

5. Participate in preparation for and follow-up to discoveries

6. Interview witnesses and experts to prepare for a trial 

7. Explain general judgment enforcement procedures.

Cheating and Plagiarism
Each student should be aware of the College's policy regarding Cheating and Plagiarism. Seneca's Academic Policy will be strictly enforced.

To support academic honesty at Seneca College, all work submitted by students may be reviewed for authenticity and originality, utilizing software tools and third party services. Please visit the Academic Honesty site on http://library.senecacollege.ca for further information regarding cheating and plagiarism policies and procedures.

Discrimination/Harassment
All students and employees have the right to study and work in an environment that is free from discrimination and/or harassment. Language or activities that defeat this objective violate the College Policy on Discrimination/Harassment and shall not be tolerated. Information and assistance are available from the Student Conduct Office at student.conduct@senecacollege.ca.

Accommodation for Students with Disabilities
The College will provide reasonable accommodation to students with disabilities in order to promote academic success. If you require accommodation, contact the Counselling and Disabilities Services Office at ext. 22900 to initiate the process for documenting, assessing and implementing your individual accommodation needs.

Prerequisite(s)
One year qualifying employment in a legal environment working under the direct supervision of a lawyer

Topic Outline

  • Substantive law (contracts and torts) 
  • Court system 
  • Pleadings and materials for motions 
  • Preparation for discoveries 
  • Trial 
  • General judgment enforcement procedures  

Mode of Instruction
Students learn through classroom lectures, discussion and group problem solving. Any matters covered in class and/or in the assigned readings will constitute part of the subject content and be eligible for inclusion on all assessments. It is ESSENTIAL that students read assigned material before class and make careful notes on the reading material as well as in-class lectures and discussion. It is extremely important for students to be prepared for class and to be actively involved in discussions as this greatly aids the learning process.  


It is your responsibility to save documents, articles and notes that the instructor has provided on Blackboard or in class. Students will not be able to access Blackboard as of the last day of the student's class. 
 

Prescribed Texts

  • Ontario Superior Court Practice, Latest Edition. Justice Archibald, Justice Killeen and James Morton, LexisNexis Canada
  • ILCO's Litigation Supplementary Material, Latest Edition. Emond Montgomery
  • Olivo & Kelly, Civil Litigation, Latest Edition. Emond  Montgomery

Reference Material

  • Polster & Mendlowicz, Ontario Litigation Procedures, Latest Edition. Toronto: Carswell
  • The Rules of Professional Conduct, The Law Society of Upper Canada
  • Dolan & Wood, The Rules Reference: A Guide to the Ontario Rules of Civil Procedure.  Canada Law Book
  • Dukelow, Pocket Dictionary of Canadian Law. Toronto: Carswell,

Recommended Website
Statutes and Regulations are available online at www.e-laws.gov.on.ca 

Other Reference Materials
  • Banks & Foti, Banks on Using a Law Library. Toronto: Carswell, Latest Edition.
  • Chornenki & Hart, Bypass Court - A Dispute Resolution Handbook. Toronto: LexisNexis Canada, Latest Edition.
  • Fitzgerald, Olivo, Fundamentals of Contract Law, Latest Edition. Toronto: Edmond Montgomery
  • Fridman, The Law of Contract in Canada. Toronto: Carswell, Latest Edition.
  • Gordon, Elkhadem, The Law Workbook: Developing Skills for Legal Research and Writing. Toronto: Emond Montgomery, Latest Edition.
  • Kenkel & Chalmers, Small Claims and Simplified Procedure Litigation. Toronto: LexisNexis Canada, Latest Edition.
  • Kerr, Kurtz, Blatt, Legal Research: Step by Step, Latest Edition. Toronto: Edmond Montgomery
  • Sopinka & Gelowitz, The Conduct of an Appeal. Toronto: LexisNexis Canada, Latest Edition.
  • Sopinka, Houston & Sopinka, Trial of an Action. Toronto: LexisNexis Canada, Latest  Edition, Student Edition.

Required Supplies
Notebook or three-ring binder, paper, pens, highlighter and above texts

Promotion Policy

Grading Policy
A+ 90%  to  100%
A 80%  to  89%
B+ 75%  to  79%
B 70%  to  74%
C+ 65%  to  69%
C 60%  to  64%
D+ 55%  to  59%
D 50%  to  54%
F 0%    to  49% (Not a Pass)
OR
EXC Excellent
SAT Satisfactory
UNSAT Unsatisfactory

For further information, see a copy of the Academic Policy, available online (http://www.senecacollege.ca/academic-policy) or at Seneca's Registrar's Offices.


Modes of Evaluation
Grading is based on the following marking scheme:

Term Test 50%
Final Exam 50%

Some aids may be allowed during testing and will be identified by the instructor.
 
Students must attain a combined grade of at least 50% on term work and the final exam to pass the course.

Please Note
  • Tests and exams are evaluated on subject knowledge as well as correct language usage, organization, and mastery of the subject. 
  • In recognition of the significance of proper language skills in the work of a Law Clerk, marks are deducted, in accordance with departmental policy, for language errors on all exams. (i.e. spelling, grammar, word usage, sentence, and paragraph structure, etc.) 
Absenteeism and Tests
  • Students should be aware that absenteeism will impact on their ability to achieve satisfactory grades.
  • If you miss a test, you must provide the reason in writing to the instructor prior to the next scheduled class. If your reason is accepted, you will be permitted to write a make-up test. Otherwise, you will be given a zero for the test. You must submit an original doctor’s certificate identifying the date, length of time of expected absence and the specific reason for your absence, or other appropriate documentation.

Approved by: Susan Horne