What is the extent of detail in a litigation plan?

Ontario, Canada


The following excerpt is from Pardhan v. Bank of Montreal, 2012 ONSC 2229 (CanLII):

The amount of detail in a litigation plan will vary according to the circumstances and complexity of each case. However, a plan that simply sets out the usual steps that occur in any litigation is not acceptable: see Bellaire v. Independent Order of Foresters, [2004] O.J. No. 2242 at para.52 (S.C.J.).

The plan must provide sufficient detail that corresponds to the complexity of the litigation. The litigation plan will not be workable if it fails to address how the individual issues that remain after the determination of the common issues are to be addressed: see Caputo v. Imperial Tobacco Ltd., (2004), 2004 CanLII 24753 (ON SC), 236 D.L.R. (4th) 348 (S.C.J.) at para. 76 (“Caputo”).

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