Discover the essential mechanisms for resolving civil disputes without a full trial. While trial is the theoretical goal of litigation, the vast majority of cases are resolved through alternative means, driven by the need for judicial economy and access to justice.

This course, "Disposition without Trial," provides a comprehensive overview of the key procedures used in Canadian civil justice to conclude actions before reaching the trial stage. You will gain a deep understanding of how cases are screened, challenged, and resolved based on pleadings, legal issues, evidence, and procedural compliance.

Key topics covered include:

• Motions to strike or dismiss claims for failing to disclose a cause of action or being an abuse of process.
• The determination of legal issues before trial where factual disputes are not central.
• The Special Case procedure for resolving agreed points of law.
• Summary Judgment, examining its purpose, the "genuine issue for trial" standard, and the evolution of judicial approaches, including weighing evidence and assessing credibility.
• Summary Trial procedures, particularly as implemented in British Columbia, offering a "paper trial" alternative.
• Simplified Procedure streams, such as Ontario's Rule 76, which mandate reduced discovery and provide summary disposition options for lower-value claims.
• Procedural dispositions, including default judgments resulting from a party's failure to respond, dismissals for unreasonable delay or non-compliance with court rules or orders, and the processes of discontinuance and withdrawal.

By mastering these mechanisms, legal professionals can navigate civil litigation more effectively, identifying opportunities for early resolution and understanding the critical factors courts consider when determining whether a case requires a full trial.