Canada
Answer ... Court proceedings in Canada are generally public. Information can be confidential in court proceedings: the court may order that material to be filed be treated as confidential. Before making such an order, the court must be satisfied that the material should be treated as confidential, notwithstanding the public interest in open and accessible court proceedings.
Canada
Answer ... Typically, court proceedings begin with the pleadings stage, where parties file and serve a statement of claim, statement of defence(s), and, if applicable, counterclaims or third-party claims.
Parties will then typically start the discovery process. The discovery process includes:
- the exchange of documents;
- examinations for discovery; and
- cross-examinations.
In class proceedings, parties generally do not obtain discovery rights until an action is certified as a class proceeding.
Parties may make pre-trial applications or seek the assistance of the court. The parties may also consider resolving the case without going to trial.
If the case cannot be resolved without going to trial, a trial date is set and the parties begin preparing for trial. Trial preparation may include exchanging expert opinion evidence. After the trial is over, the parties receive a judgment and award of costs, which the winning party enforces.
After a trial decision is released, the parties may choose to appeal the decision to the jurisdiction’s appeal court.
Canada
Answer ... The timeframes for steps in the proceedings vary by jurisdiction and are set by provincial or federal legislation that governs the procedure in civil claims. Often, in complex litigation, deadlines are often agreed to by the parties or determined by the court. This can extend the timelines beyond those set out in law.
A complex commercial action can take two to five years, if not longer, to resolve.
Canada
Answer ... Rules on the joinder of third parties depends on a jurisdiction’s rules on civil procedure.
Generally, the joinder of third parties must not unduly complicate or delay the hearing or cause undue prejudice to a party. A party may request a joinder during the proceeding by bringing a motion to the court; however, limitation periods may apply to the joinder of parties.
Canada
Answer ... Claimants need not wait for the Competition Bureau to initiate or obtain a judgment to bring a private claim – or even to succeed on the claim – for breach of the Competition Act. If, however, there is a conviction or guilty plea from the Competition Bureau’s investigations, claimants may use documents in those proceedings to meet their evidentiary burden.
Decisions of foreign competition authorities are not binding in Canada; however, they may be persuasive.