Please kindly provide a detailed answer in each question.

CHAPTER 7

Review Questions

1. In what circumstances would a party to a debt action bring a motion for summary judgment?
2. What does a party have to show to obtain a summary judgment?
3. What sort of material should be used as evidence to support a motion?
4. What kinds of orders can a judge make on a matter for summary judgment?
5. In what kinds of situations is it advisable to serve, and require from the other party, an affidavit of documents?
6. Describe the procedure and procedural steps to be taken to apply for a summary judgement.

Chapter 8

Review Questions

1. What are the steps taken in a defended proceeding?

2. What is the significance of the concept of proportionality?

3. What is the purpose of oral discovery and discovery of documents (affidavit of documents)?

4. What is the Commercial List?

5. Why should a plaintiff make a formal Rule 49 offer to settle? Why should a defendant make one?

6. What are the consequences if the defendant makes an offer under Rule 49 to settle and the plaintiff refuses the offer, goes to trial and wins, but obtains judgment for an amount that is less than the offer?

7. What documents do you need to prepare if a debt is settled after a demand letter is sent but before litigation starts?

8. What does "without prejudice" at the top of a letter mean?

9. If the debtor proposes to pay by a series of post-dated cheques and no action is commenced, what should the creditor do to safeguard their interests? What should the debtor require of the creditor once all payments have been made?

Review Questions

1. In what circumstances would a party to a debt action bring a motion for summary judgment?
2. What does a party have to show to obtain a summary judgment?
3. What sort of material should be used as evidence to support a motion?
4. What kinds of orders can a judge make on a matter for summary judgment?
5. In what kinds of situations is it advisable to serve, and require from the other party, an affidavit of documents?
6. Describe the procedure and procedural steps to be taken to apply for a summary judgment.