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Courts of Justice Act

R.R.O. 1990, REGULATION 194

RULES OF CIVIL PROCEDURE

Consolidation Period: From September 16, 2020 to the e-Laws currency date .

This is the English version of a bilingual regulation.

SUMMARY OF CONTENTS

GENERAL MATTERS Rule 1 Citation, Application and Interpretation 2 Non-Compliance with the Rules 2.1 General Powers to Stay or Dismiss if Vexatious, etc. 3 Time 4 Court Documents 4.1 Duty of Expert PARTIES AND JOINDER 5 Joinder of Claims and Parties 6 Consolidation or Hearing Together 6.1 Separate Hearings 7 Parties under Disability 8 Partnerships and Sole Proprietorships 9 Estates and Trusts 10 Representation Order 11 Transfer or Transmission of Interest 12 Class Proceedings and Other Representative Proceedings 13 Intervention COMMENCEMENT OF PROCEEDINGS 13.1 Place of Commencement and Hearing or Trial 14 Originating Process 15 Representation by Lawyer SERVICE 16 Service of Documents 17 Service outside Ontario 18 Time for Delivery of Statement of Defence DISPOSITION WITHOUT TRIAL 19 Default Proceedings 20 Summary Judgment 21 Determination of an Issue Before Trial 22 Special Case 23 Discontinuance and Withdrawal 24 Dismissal of Action for Delay 24.1 Mandatory Mediation PLEADINGS 25 Pleadings in an Action 26 Amendment of Pleadings 27 Counterclaim 28 Crossclaim 29 Third Party Claim DISCOVERY 29.1 Discovery Plan 29.2 Proportionality in Discovery 30 Discovery of Documents 30.1 Deemed Undertaking 31 Examination for Discovery 32 Inspection of Property 33 Medical Examination of Parties EXAMINATIONS OUT OF COURt 34 Procedure on Oral Examinations 35 Procedure on Examination for Discovery by Written Questions 36 Taking Evidence Before Trial MOTIONS AND APPLICATIONS 37 Motions — Jurisdiction and Procedure 38 Applications — Jurisdiction and Procedure 39 Evidence on Motions and Applications PRESERVATION OF RIGHTS IN PENDING LITIGATION 40 Interlocutory Injunction or Mandatory Order 41 Appointment of Receiver 42 Certificate of Pending Litigation 43 Interpleader 44 Interim Recovery of Personal Property 45 Interim Preservation of Property PRE-TRIAL PROCEDURES 46 Place of Trial 47 Jury Notice 48 Listing for Trial 49 Offer to Settle 50 Conferences 51 Admissions TRIALS 52 Trial Procedure 53 Evidence at Trial REFERENCES 54 Directing a Reference 55 Procedure on a Reference COSTS 56 Security for Costs 57 Costs of Proceedings 58 Assessment of Costs ORDERS 59 Orders 60 Enforcement of Orders APPEALS 61 Appeals to an Appellate Court 62 Appeals from Interlocutory Orders and Other Appeals to a Judge 63 Stay Pending Appeal PARTICULAR PROCEEDINGS 64 Mortgage Actions 65 Proceedings for Administration 66 Partition Proceedings 67 Proceedings Concerning the Estates of Minors 68 Proceedings for Judicial Review 72 Payment into and out of Court 73 Reciprocal Enforcement of United Kingdom Judgments 74 Estates — Non-Contentious Proceedings 75 Estates — Contentious Proceedings 75.1 Mandatory Mediation — Estates, Trusts and Substitute Decisions 75.2 Court-Ordered Estates Mediation 76 Simplified Procedure 77 Civil Case Management TABLE OF FORMS TARIFF A Lawyers’ Fees and Disbursements Allowable Under Rules 57.01 and 58.05 TARIFF C Lawyers’ Costs Allowed on Passing of Accounts without a Hearing TABLE OF CONTENTS GENERAL MATTERS RULE 1 CITATION, APPLICATION AND INTERPRETATION 1.01 Citation 1.02 Application of Rules 1.03 Definitions 1.04 Interpretation 1.05 Orders on Terms 1.06 Forms 1.07 Practice Directions 1.08 Telephone and Video Conferences 1.08.1 Video Conference — References Under the Solicitors Act 1.09 Communications out of Court RULE 2 NON-COMPLIANCE WITH THE RULES 2.01 Effect of Non-Compliance 2.02 Attacking Irregularity 2.03 Court May Dispense with Compliance RULE 2.1 GENERAL POWERS TO STAY OR DISMISS IF VEXATIOUS, ETC. 2.1.01 Order to Stay, Dismiss Proceeding 2.1.02 Order to Stay, Dismiss Motion 2.1.03 Order for Stay, Dismissal RULE 3 TIME 3.01 Computation 3.02 Extension or Abridgment 3.03 When Proceedings May be Heard 3.04 Timetables RULE 4 COURT DOCUMENTS 4.01 Format 4.02 Contents 4.02.1 Bilingual Documents 4.03 Certified Copies of Court Documents 4.04 Notice to be Given in Writing or Electronically 4.05 Issuing and Filing of Documents 4.05.1 Civil Claims Online Portal 4.05.2 Civil Submissions Online Portal 4.06 Affidavits 4.07 Binding of Documents 4.08 Requisition 4.09 Transcripts 4.10 Transmission of Documents 4.11 Notice of Constitutional Question RULE 4.1 duty of expert 4.1.01 Duty of Expert PARTIES AND JOINDER RULE 5 JOINDER OF CLAIMS AND PARTIES 5.01 Joinder of Claims 5.02 Joinder of Parties 5.03 Joinder of Necessary Parties 5.04 Misjoinder, Non-Joinder and Parties Incorrectly Named 5.05 Relief against Joinder RULE 6 CONSOLIDATION OR HEARING TOGETHER 6.01 Where Order May be Made 6.02 Discretion of Presiding Judge RULE 6.1 separate hearings 6.1.01 Separate Hearings RULE 7 PARTIES UNDER DISABILITY 7.01 Representation by Litigation Guardian 7.02 Litigation Guardian for Plaintiff or Applicant 7.03 Litigation Guardian for Defendant or Respondent 7.04 Representation of Persons under Disability 7.05 Powers and Duties of Litigation Guardian 7.06 Removal or Substitution of Litigation Guardian 7.07 Noting Party under Disability in Default 7.07.1 Discontinuance by or Against Party under Disability 7.08 Approval of Settlement 7.09 Money to be Paid into Court RULE 8 PARTNERSHIPS AND SOLE PROPRIETORSHIPS 8.01 Partnerships 8.02 Defence 8.03 Notice to Alleged Partner where Enforcement Sought against Partner 8.04 Person Defending Separately 8.05 Disclosure of Partners 8.06 Enforcement of Order 8.07 Sole Proprietorships RULE 9 ESTATES AND TRUSTS 9.01 Proceedings by or against Executor, Administrator or Trustee 9.02 Proceeding against Estate that has no Executor or Administrator 9.03 Remedial Provisions RULE 10 REPRESENTATION ORDER 10.01 Representation of an Interested Person who cannot be Ascertained 10.02 Representation of a Deceased Person 10.03 Relief from Binding Effect of Order RULE 11 TRANSFER OR TRANSMISSION OF INTEREST 11.01 Effect of Transfer or Transmission 11.02 Order to Continue 11.03 Failure to Obtain Order to Continue Action RULE 12 CLASS PROCEEDINGS AND OTHER REPRESENTATIVE PROCEEDINGS 12.01 Definitions 12.02 Title of Proceeding 12.03 Discovery of Class Members 12.04 Costs 12.05 Contents of Judgments and Orders 12.06 Leave to Appeal 12.07 Proceeding against Representative Defendant 12.08 Proceeding by Unincorporated Association or Trade Union RULE 13 INTERVENTION 13.01 Leave to Intervene as Added Party 13.02 Leave to Intervene as Friend of the Court 13.03 Leave to Intervene in Divisional Court or Court of Appeal COMMENCEMENT OF PROCEEDINGS RULE 13.1 PLACE OF COMMENCEMENT AND HEARING OR TRIAL 13.1.01 Place of Commencement 13.1.02 Transfer RULE 14 ORIGINATING PROCESS 14.01 How Proceedings Commenced 14.02 Proceedings by Action as General Rule 14.03 Actions — By Statement of Claim or Notice of Action 14.03.1 Ordinary and Simplified Procedure 14.05 Applications — By Notice of Application 14.06 Title of Proceeding 14.07 How Originating Process Issued 14.08 Time for Service in Actions 14.09 Striking out or Amending 14.10 Dismissal of Action where Defendant Pays Claim RULE 15 REPRESENTATION BY lawyer 15.01 Where Lawyer is Required 15.01.1 Interpretation 15.02 Notice of Authority to Commence Proceeding 15.03 Change in Representation by Party 15.04 Motion by Lawyer for Removal as Lawyer of Record 15.05 Duty of Lawyer of Record 15.06 Where a Lawyer of Record has Ceased to Practise 15.07 Lawyer from Another Province SERVICE RULE 16 SERVICE OF DOCUMENTS 16.01 General Rules for Manner of Service 16.02 Personal Service 16.03 Alternatives to Personal Service 16.04 Substituted Service or Dispensing with Service 16.05 Service on Lawyer of Record 16.06 Service by Mail 16.06.1 Service by E-mail 16.07 Where Document does not Reach Person Served 16.08 Validating Service 16.09 Proof of Service RULE 17 SERVICE OUTSIDE ONTARIO 17.01 Definition 17.02 Service outside Ontario without Leave 17.03 Service outside Ontario with Leave 17.04 Additional Requirements for Service outside Ontario 17.05 Manner of Service outside Ontario 17.06 Motion to Set Aside Service outside Ontario RULE 18 TIME FOR DELIVERY OF STATEMENT OF DEFENCE 18.01 Time for Delivery of Statement of Defence 18.02 Notice of Intent to Defend DISPOSITION WITHOUT TRIAL RULE 19 DEFAULT PROCEEDINGS 19.01 Noting Default 19.02 Consequences of Noting Default 19.03 Setting Aside the Noting of Default 19.04 By Signing Default Judgment 19.05 By Motion for Judgment 19.06 Facts Must Entitle Plaintiff to Judgment 19.07 Effect of Default Judgment 19.08 Setting Aside Default Judgment 19.09 Application to Counterclaims, Crossclaims and Third Party Claims RULE 20 SUMMARY JUDGMENT 20.01 Where Available 20.02 Evidence on Motion 20.03 Factums Required 20.04 Disposition of Motion 20.05 Where Trial is Necessary 20.06 Costs Sanctions for Improper Use of Rule 20.07 Effect of Summary Judgment 20.08 Stay of Execution 20.09 Application to Counterclaims, Crossclaims and Third Party Claims RULE 21 DETERMINATION OF AN ISSUE BEFORE TRIAL 21.01 Where Available 21.02 Motion to be Made Promptly 21.03 Factums Required RULE 22 SPECIAL CASE 22.01 Where Available 22.02 Factums Required 22.03 Removal into Court of Appeal 22.04 Form of Special Case 22.05 Hearing of Special Case RULE 23 DISCONTINUANCE AND WITHDRAWAL 23.01 Discontinuance by Plaintiff 23.02 Effect of Discontinuance on Counterclaim 23.03 Effect of Discontinuance on Crossclaim or Third Party Claim 23.04 Effect of Discontinuance on Subsequent Action 23.05 Costs of Discontinuance, Deemed Dismissal 23.06 Withdrawal by Defendant 23.07 Application to Counterclaims, Crossclaims and Third Party Claims RULE 24 DISMISSAL OF ACTION FOR DELAY 24.01 Where Available 24.02 Where Plaintiff under Disability 24.02.1 Notice of Order 24.03 Effect of Dismissal on Counterclaim 24.04 Effect of Dismissal on Crossclaim or Third Party Claim 24.05 Effect on Subsequent Action 24.05.1 Costs of Dismissal, Deemed Dismissal 24.06 Application to Counterclaims, Crossclaims and Third Party Claims RULE 24.1 MANDATORY MEDIATION 24.1.01 Purpose 24.1.02 Nature of Mediation 24.1.03 Definitions 24.1.04 Application 24.1.05 Exemption from Mediation 24.1.06 Mediation Co-ordinator 24.1.07 Local Mediation Committees 24.1.08 Mediators 24.1.09 Mediation Session 24.1.10 Procedure before Mediation Session 24.1.11 Attendance at Mediation Session 24.1.12 Failure to Attend 24.1.13 Non-Compliance 24.1.14 Confidentiality 24.1.15 Outcome of Mediation 24.1.16 Consent Order for Additional Mediation Session PLEADINGS RULE 25 PLEADINGS IN AN ACTION 25.01 Pleadings Required or Permitted 25.02 Form of Pleadings 25.03 Service of Pleadings 25.04 Time For Delivery of Pleadings 25.05 Close of Pleadings 25.06 Rules of Pleading — Applicable to All Pleadings 25.07 Rules of Pleading — Applicable to Defences 25.08 Where a Reply is Necessary 25.09 Rules of Pleading — Applicable to Replies 25.10 Particulars 25.11 Striking Out a Pleading or Other Document RULE 26 AMENDMENT OF PLEADINGS 26.01 General Power of Court 26.02 When Amendments May be Made 26.03 How Amendments Made 26.04 Service of Amended Pleading 26.05 Responding to an Amended Pleading 26.06 Amendment at Trial RULE 27 COUNTERCLAIM 27.01 Where Available 27.02 Statement of Defence and Counterclaim 27.03 Counterclaim to be Issued where Defendant to Counterclaim not already Party to Main Action 27.04 Time for Delivery or Service of Defence and Counterclaim 27.05 Time for Delivery of Defence to Counterclaim 27.06 Time for Delivery of Reply to Defence to Counterclaim 27.07 Amending Defence to Add Counterclaim 27.08 Trial of Counterclaim 27.09 Disposition of Counterclaim 27.10 Application to Counterclaims, Crossclaims and Third Party Claims RULE 28 CROSSCLAIM 28.01 Where Available 28.02 Statement of Defence and Crossclaim 28.03 Amending Defence to Add Crossclaim 28.04 Time for Delivery of Statement of Defence and Crossclaim 28.05 Time for Delivery of Defence to Crossclaim 28.06 Contents of Defence to Crossclaim 28.07 Effect of Default of Defence to Crossclaim 28.08 Time for Delivery of Reply to Defence to Crossclaim 28.09 Trial of Crossclaim 28.10 Prejudice or Delay to Plaintiff 28.11 Application to Counterclaims and Third Party Claims RULE 29 THIRD PARTY CLAIM 29.01 Where Available 29.02 Time for Third Party Claim 29.03 Third Party Defence 29.04 Reply to Third Party Defence 29.05 Defence of Main Action by Third Party 29.06 Effect of Third Party Defence 29.07 Effect of Default of Third Party 29.08 Trial of Third Party Claim 29.09 Prejudice or Delay to Plaintiff 29.10 Third Party Directions 29.11 Fourth and Subsequent Party Claims 29.12 Application to Fourth and Subsequent Party Claims 29.13 Application to Counterclaims and Crossclaims 29.14 File Number DISCOVERY RULE 29.1 DISCOVERY plan 29.1.01 Non-Application of Rule 29.1.02 Definition 29.1.03 Discovery Plan 29.1.04 Duty to Update Plan 29.1.05 Failure to Agree to Plan RULE 29.2 proportionality in discovery 29.2.01 Definition 29.2.02 Application 29.2.03 Considerations RULE 30 DISCOVERY OF DOCUMENTS 30.01 Interpretation 30.02 Scope of Documentary Discovery 30.03 Affidavit of Documents 30.04 Inspection of Documents 30.05 Disclosure or Production not Admission of Relevance 30.06 Where Affidavit Incomplete or Privilege Improperly Claimed 30.07 Documents or Errors Subsequently Discovered 30.08 Effect of Failure to Disclose or Produce for Inspection 30.09 Privileged Document Not to be Used Without Leave 30.10 Production from Non-Parties With Leave 30.11 Document Deposited for Safe Keeping RULE 30.1 DEEMED UNDERTAKING 30.1.01 Application RULE 31 EXAMINATION FOR DISCOVERY 31.01 Definition 31.02 Form of Examination 31.03 Who May Examine and be Examined 31.04 When Examination may be Initiated 31.05 Oral Examination by More Than One Party 31.05.1 Time Limit 31.06 Scope of Examination 31.07 Failure to Answer on Discovery 31.08 Effect of Lawyer Answering 31.09 Information Subsequently Obtained 31.10 Discovery of Non-Parties with Leave 31.11 Use of Examination for Discovery at Trial RULE 32 INSPECTION OF PROPERTY 32.01 Order for Inspection RULE 33 MEDICAL EXAMINATION OF PARTIES 33.01 Motion for Medical Examination 33.02 Order for Examination 33.03 Dispute as to Scope of Examination 33.04 Provision of Information to Party Obtaining Order 33.05 Who May Attend on Examination 33.06 Medical Reports 33.07 Penalty for Failure to Comply 33.08 Examination by Consent EXAMINATIONS OUT OF COURT RULE 34 PROCEDURE ON ORAL EXAMINATIONS 34.01 Application of the Rule 34.02 Before Whom to be Held 34.03 Place of Examination 34.04 How Attendance Required 34.05 Notice of Time and Place 34.06 Examinations on Consent 34.07 Where Person to be Examined Resides outside Ontario 34.08 Person to be Examined to be Sworn 34.09 Interpreter 34.10 Production of Documents on Examination 34.11 Re-Examination 34.12 Objections and Rulings 34.14 Improper Conduct of Examination 34.15 Sanctions for Default or Misconduct by Person to be Examined 34.16 Examination to be Recorded 34.17 Typewritten Transcript 34.18 Filing of Transcript 34.19 Videotaping or Other Recording of Examination RULE 35 PROCEDURE ON EXAMINATION FOR DISCOVERY BY WRITTEN QUESTIONS 35.01 Questions 35.02 Answers 35.03 Objections 35.04 Failure to Answer 35.05 Improper Conduct of Examination 35.06 Filing Questions and Answers RULE 36 TAKING EVIDENCE BEFORE TRIAL 36.01 Where Available 36.02 Procedure 36.03 Examinations outside Ontario 36.04 Use at Trial MOTIONS AND APPLICATIONS RULE 37 MOTIONS — JURISDICTION AND PROCEDURE 37.01 Notice of Motion 37.02 Jurisdiction to Hear a Motion 37.03 Place of Hearing of Motions 37.04 Motions — To Whom to be Made 37.05 Hearing Date for Motions 37.06 Content of Notice 37.07 Service of Notice 37.08 Filing of Notice of Motion 37.09 Abandoned Motions 37.10 Material for Use on Motions 37.10.1 Confirmation of Motion 37.11 Hearing in Absence of Public 37.12.1 Hearing Without Oral Argument 37.13 Disposition of Motion 37.14 Setting Aside, Varying or Amending Orders 37.15 Motions in a Complicated Proceeding or Series of Proceedings 37.16 Prohibiting Motions without Leave 37.17 Motion Before Commencement of Proceeding RULE 38 APPLICATIONS — JURISDICTION AND PROCEDURE 38.01 Application of the Rule 38.02 Applications — To Whom to be Made 38.03 Place and Date of Hearing 38.04 Content of Notice 38.05 Issuing of Notice 38.06 Service of Notice 38.07 Notice of Appearance 38.08 Abandoned Applications 38.09 Material for Use on Application 38.09.1 Confirmation of Application 38.10 Disposition of Application 38.11 Setting Aside Judgment on Application Made Without Notice 38.12 Striking out a Document 38.13 Applications under s. 140 (3), Courts of Justice Act RULE 39 EVIDENCE ON MOTIONS AND APPLICATIONS 39.01 Evidence by Affidavit 39.02 Evidence by Cross-Examination on Affidavit 39.03 Evidence by Examination of a Witness 39.04 Evidence by Examination for Discovery PRESERVATION OF RIGHTS IN PENDINg LITIGATION RULE 40 INTERLOCUTORY INJUNCTION OR MANDATORY ORDER 40.01 How Obtained 40.02 Where Motion Made Without Notice 40.03 Undertaking 40.04 Factums Required RULE 41 APPOINTMENT OF RECEIVER 41.01 Definition 41.02 How Obtained 41.03 Form of Order 41.04 Reference of Conduct of Receivership 41.05 Directions 41.06 Discharge RULE 42 CERTIFICATE OF PENDING LITIGATION 42.01 Issuing of Certificate 42.02 Discharge of Certificate RULE 43 INTERPLEADER 43.01 General 43.02 Where Available 43.03 How Obtained 43.04 Disposition RULE 44 INTERIM RECOVERY OF PERSONAL PROPERTY 44.01 Motion for Interim Order 44.02 Order to Contain Description and Value of Property 44.03 Disposition of Motion 44.04 Condition and Form of Security 44.05 Setting Aside Order 44.06 Release of Security 44.07 Duty of Sheriff 44.08 Where Defendant Prevents Recovery RULE 45 INTERIM PRESERVATION OF PROPERTY 45.01 Interim Order for Preservation or Sale 45.02 Specific Fund 45.03 Recovery of Personal Property Held as Security PRE-TRIAL PROCEDURES RULE 46 place of trial 46.01 County Where Proceeding Commenced or Transferred RULE 47 JURY NOTICE 47.01 Actions to be Tried With a Jury 47.02 Striking Out Jury Notice RULE 48 LISTING FOR TRIAL 48.01 When and by Whom Action May be Set Down for Trial 48.02 How Action is Set Down for Trial 48.03 Trial Record 48.04 Consequences of Setting Down or Consent 48.05 Placing Undefended Action on Trial List 48.06 Placing Defended Action on Trial List 48.07 Consequences of Action Being Placed on Trial List 48.08 Separate Trial Lists 48.09 Separate Speedy Trial List 48.10 Actions Traversed or Remaining on List at Conclusion of Sitting 48.11 Actions Struck Off Trial List 48.12 Duty to Inform Registrar of Settlement 48.13 Application of the Rule 48.14 Dismissal of Action for Delay RULE 49 OFFER TO SETTLE 49.01 Definitions 49.02 Where Available 49.03 Time for Making Offer 49.04 Withdrawal or Expiry of Offer 49.05 Effect of Offer 49.06 Disclosure of Offer to Court 49.07 Acceptance of Offer 49.08 Parties under Disability 49.09 Failure to Comply with Accepted Offer 49.10 Costs Consequences of Failure to Accept 49.11 Multiple Defendants 49.12 Offer to Contribute 49.13 Discretion of Court 49.14 Application to Counterclaims, Crossclaims and Third Party Claims Rule 50 Conferences 50.01 Purpose 50.02 Pre-Trial Conferences for Actions 50.03 Pre-Trial Conferences for Applications 50.04 Materials to be Filed 50.05 Attendance 50.06 Matters to be Considered 50.07 Powers 50.08 Pre-Trial Conference Report 50.09 No Disclosure 50.10 Pre-Trial Judge not to Preside at Hearing 50.11 Documents to be Made Available 50.12 Costs of Pre-Trial Conference 50.13 Case Conferences for Actions and Applications RULE 51 ADMISSIONS 51.01 Interpretation 51.02 Request to Admit Fact or Document 51.03 Effect of Request to Admit 51.04 Costs on Refusal to Admit 51.05 Withdrawal of Admission 51.06 Order Based on Admission of Fact or Document TRIALS RULE 52 TRIAL PROCEDURE 52.01 Failure to Attend at Trial 52.02 Adjournment of Trial 52.03 Court Appointed Experts 52.04 Exhibits 52.05 View by Judge or Jury 52.06 Exclusion of Witnesses 52.07 Order of Presentation in Jury Trials 52.08 Disagreement of the Jury 52.09 Recording Jury Verdict 52.10 Failure to Prove a Fact or Document RULE 53 EVIDENCE AT TRIAL 53.01 Evidence by Witnesses 53.02 Evidence by Affidavit 53.03 Expert Witnesses 53.04 Compelling Attendance at Trial 53.05 Interprovincial Subpoena 53.06 Compelling Attendance of Witness in Custody 53.07 Calling Adverse Party as Witness 53.08 Evidence Admissible only with Leave 53.09 Calculation of Awards for Future Pecuniary Damages 53.10 Prejudgment Interest Rate for Non-Pecuniary Damages REFERENCES RULE 54 DIRECTING A REFERENCE 54.01 Application of Rules 54 and 55 54.02 Where Reference May be Directed 54.03 To Whom Reference May be Directed 54.04 Order Directing a Reference 54.05 Motions on a Reference 54.06 Report on Reference 54.07 Report Must be Confirmed 54.08 Confirmation on Motion where Report Back Required 54.09 Confirmation by Passage of Time where Report Back not Required 54.10 Referee Unable to Continue or Complete Reference RULE 55 PROCEDURE ON A REFERENCE 55.01 General Provisions for Conduct of Reference 55.02 Procedure on a Reference Generally 55.03 Procedure to Ascertain Interested Persons and Verify Claims 55.04 Procedure on Taking of Accounts 55.05 Direction for Payment of Money 55.06 Reference for Conduct of Sale 55.07 Reference to Appoint Guardian or Receiver COSTS RULE 56 SECURITY FOR COSTS 56.01 Where Available 56.02 Declaration of Plaintiff’s or Applicant’s Place of Residence 56.03 Motion for Security 56.04 Amount and Form of Security and Time for Furnishing 56.05 Form and Effect of Order 56.06 Default of Plaintiff or Applicant 56.07 Amount May be Varied 56.08 Notice of Compliance 56.09 Security for Costs as Term of Relief RULE 57 COSTS OF PROCEEDINGS 57.01 General Principles 57.02 Directions to Assessment Officer 57.03 Costs of a Motion 57.04 Costs on Settlement 57.05 Costs where Action Brought in Wrong Court 57.06 Costs of Litigation Guardian 57.07 Liability of Lawyer for Costs RULE 58 ASSESSMENT OF COSTS 58.01 General 58.02 Who May Assess Costs 58.03 Assessment at Instance of Party Entitled 58.04 Assessment at Instance of Party Liable 58.05 Assessment in Accordance with Tariffs 58.06 Factors to be Considered on Assessment 58.07 Costs of Abandoned Proceeding 58.08 Costs of Particular Proceedings 58.09 Certificate of Assessment 58.10 Objections to Assessment 58.11 Appeal from Assessment 58.12 Costs of a Sheriff 58.13 Costs Fixed by Registrar ORDERS RULE 59 ORDERS 59.01 Effective Date 59.02 Endorsement by Judge or Officer 59.03 Preparation and Form of Order 59.04 Signing Orders 59.05 Entry of Order 59.06 Amending, Setting Aside or Varying Order 59.07 Satisfaction of Order 59.08 Limited Scope Retainer RULE 60 ENFORCEMENT OF ORDERS 60.01 Definitions 60.02 Enforcement of Order for Payment or Recovery of Money 60.03 Enforcement of Order for Possession of Land 60.04 Enforcement of Order for Recovery of Personal Property 60.05 Enforcement of Order to Do or Abstain From Doing any Act 60.06 Enforcement by or against a Person Not a Party 60.07 Writ of Seizure and Sale 60.07.1 Documents Directed to Sheriff under an Act 60.08 Garnishment 60.09 Writ of Sequestration 60.10 Writ of Possession 60.11 Contempt Order 60.12 Failure to Comply with Interlocutory Order 60.13 Dispute of Ownership of Property Seized by Sheriff 60.14 Sheriff’s Report on Execution of Writ 60.15 Removal or Withdrawal of Writ from Sheriff’s File 60.16 Duty of Person Filing Writ with Sheriff 60.17 Motion for Directions 60.18 Examination in Aid of Execution 60.19 Costs of Enforcement 60.20 Limit on Electronic filing, issuance APPEALS RULE 61 APPEALS TO AN APPELLATE COURT 61.01 Application of the Rule 61.02 Definition 61.03 Motion for Leave to Appeal to Divisional Court 61.03.1 Motion for Leave to Appeal to Court of Appeal 61.04 Commencement of Appeals 61.05 Certificate or Agreement Respecting Evidence 61.06 Security for Costs of Appeal 61.07 Cross-Appeals 61.08 Amendment of Notice of Appeal or Cross-Appeal 61.09 Perfecting Appeals 61.10 Appeal Book and Compendium 61.10.1 Exhibit Book 61.11 Appellant’s Factum 61.12 Respondent’s Factum and Compendium 61.13 Dismissal for Delay 61.13.0.1 Automatic Dismissal by Registrar for Delay, Divisional Court Appeal 61.13.1 Failure to Obtain Order to Continue Appeal 61.14 Abandoned Appeals 61.15 Cross-Appeal where Appeal Dismissed for Delay or Abandoned 61.16 Motions in Appellate Court RULE 62 APPEALS FROM INTERLOCUTORY ORDERS AND OTHER APPEALS 62.01 Procedure on Appeal 62.02 Motion for Leave to Appeal RULE 63 STAY PENDING APPEAL 63.01 Automatic Stay on Delivery of Notice of Appeal 63.02 Stay by Order 63.03 Effect of Stay PARTICULAR PROCEEDINGS RULE 64 MORTGAGE ACTIONS 64.01 Definition 64.02 Default Judgment with Reference 64.03 Foreclosure Actions 64.04 Sale Actions 64.05 Redemption Actions 64.06 Procedure on Mortgage References Generally RULE 65 PROCEEDINGS FOR ADMINISTRATION 65.01 Where Available 65.02 Where a Reference is Directed RULE 66 PARTITION PROCEEDINGS 66.01 Where Available 66.02 Form of Judgment 66.03 Proceeds of Sale RULE 67 PROCEEDINGS CONCERNING THE ESTATES OF MINORS 67.01 How Commenced 67.02 Affidavit in Support 67.03 Where Consent Required RULE 68 PROCEEDINGS FOR JUDICIAL REVIEW 68.01 How Commenced 68.02 Applicable Procedure 68.03 Hearing Date in Divisional Court 68.04 Application Records and Factums 68.05 Certificate of Perfection 68.06 Dismissal for Delay 68.07 Automatic Dismissal by Registrar for Delay RULE 72 PAYMENT INTO AND OUT OF COURT 72.01 Definitions 72.02 Payment into Court 72.03 Payment out of Court 72.04 Discharge of a Mortgage 72.05 Stop Order RULE 73 RECIPROCAL ENFORCEMENT OF UNITED KINGDOM JUDGMENTS 73.01 Definitions 73.02 Application for Registration of Judgment 73.03 Enforcement of Judgment RULE 74 ESTATES — NON-CONTENTIOUS PROCEEDINGS 74.01 Definitions 74.02 Deposit of Wills and Codicils for Safekeeping 74.03 Request for Notice of Commencement of Proceeding 74.04 Certificate of Appointment of Estate Trustee With a Will 74.05 Certificate of Appointment of Estate Trustee Without a Will 74.05.1 Certificate of Appointment of Foreign Estate Trustee’s Nominee as Estate Trustee Without a Will 74.06 Certificate of Appointment of Succeeding Estate Trustee With a Will 74.07 Certificate of Appointment of Succeeding Estate Trustee Without a Will 74.08 Confirmation by Resealing of Appointment of Estate Trustee With or Without a Will 74.09 Certificate of Ancillary Appointment of Estate Trustee With a Will 74.10 Certificate of Appointment of Estate Trustee during Litigation 74.11 Bonds 74.12 General Procedure on Applications for Certificates of Appointment of Estate Trustees 74.13 Deposit Equal to Tax 74.14 Issuing Certificate of Appointment of Estate Trustee 74.14.1 Authentication of Certificate of Appointment 74.14.2 Confirmation of Estate Trustees 74.15 Orders for Assistance 74.16 Passing of Estate Accounts 74.17 Form of Accounts 74.18 Application to Pass Accounts RULE 75 ESTATES — CONTENTIOUS PROCEEDINGS 75.01 Formal Proof of Testamentary Instrument 75.02 Proof of Lost or Destroyed Will 75.03 Objection to Issuing Certificate of Appointment 75.04 Revocation of Certificate of Appointment 75.05 Return of Certificate 75.06 Application or Motion for Directions 75.07 Procedure Where Statement of Claim Served 75.07.1 Submission of Rights to Court 75.08 Claims Against an Estate 75.09 Lawyer of Record RULE 75.1 MANDATORY MEDIATION — ESTATES, TRUSTS AND SUBSTITUTE DECISIONS 75.1.02 Scope 75.1.03 Definitions 75.1.04 Exemption From Mediation 75.1.05 Directions for Conduct of Mediation 75.1.06 Mediators 75.1.07 Choice of Mediator 75.1.08 Procedure Before Mediation Session 75.1.09 Attendance at Mediation Session 75.1.10 Remedy for Non-Compliance 75.1.11 Confidentiality 75.1.12 Outcome of Mediation 75.1.13 Consent Order for Additional Mediation Session Rule 75.2 Court-Ordered Estates Mediation 75.2.01 Application 75.2.02 Definition 75.2.03 Directions for Conduct of Mediation 75.2.04 Mediator 75.2.05 Procedure before Mediation Session 75.2.06 Attendance at Mediation Session 75.2.07 Remedy for Non-Compliance 75.2.08 Confidentiality 75.2.09 Outcome of Mediation 75.2.10 Consent Order for Additional Mediation Session RULE 76 SIMPLIFIED PROCEDURE 76.01 Application of Rule 76.02 Availability of Simplified Procedure 76.02.1 Jury Trial not Available 76.03 Affidavit of Documents 76.04 No Written Discovery, Cross-Examination on an Affidavit or Examination of a Witness 76.05 Motions 76.08 Settlement Discussion and Documentary Disclosure 76.09 How Defended Action is Set Down for Trial or Summary Trial 76.09.1 Expert Affidavits 76.10 Pre-Trial Conference 76.11 Placing Defended Action on Trial List 76.12 Summary Trial 76.12.1 Limits on Costs and Disbursements Awards 76.13 Costs Consequences 76.14 Transition — Jury Trials RULE 77 CIVIL CASE MANAGEMENT 77.01 Purpose and General Principles 77.02 Application 77.03 Definitions 77.04 Case Management Powers 77.05 Assignment for Case Management 77.06 Assignment to Individual Management by a Judge 77.07 Motions 77.08 Case Conference 77.09 Transition

GENERAL MATTERs

RULE 1 CITATION, APPLICATION AND INTERPRETATION

CITATION

Title

1.01 (1) These rules may be cited as the Rules of Civil Procedure. O. Reg. 575/07, s. 6 (1).

Subdivision

(2) In these rules,

(a) all the provisions identified by the same number to the left of the decimal point comprise a Rule (for example, Rule 1, which consists of rules 1.01 to 1.09);

(b) a provision identified by a number with a decimal point is a rule (for example, rule 1.01); and

(c) a rule may be subdivided into,

(i) subrules (for example, subrule 1.01 (2)),

(ii) clauses (for example, clause 1.01 (2) (c) or 2.02 (a)),

(iii) subclauses (for example, subclause 1.01 (2) (c) (iii) or 7.01 (c) (i)),

(iv) paragraphs (for example, paragraph 1 of subrule 52.07 (1)), and

(v) definitions (for example, the definition of “action” in rule 1.03). R.R.O. 1990, Reg. 194, r. 1.01 (2); O. Reg. 284/01, s. 1; O. Reg. 575/07, s. 6 (2).

Alternative Method of Referring to Rules

(3) In a proceeding in a court, it is sufficient to refer to a rule or subdivision of a rule as “rule” followed by the number of the rule, subrule, clause, subclause or paragraph (for example, rule 1.01, rule 1.01 (2), rule 1.01 (2) (c), rule 1.01 (2) (c) (iii) or rule 52.07 (1) 1). R.R.O. 1990, Reg. 194, r. 1.01 (3).

APPLICATION OF RULES

Court of Appeal and Superior Court of Justice

1.02 (1) These rules apply to all civil proceedings in the Court of Appeal and in the Superior Court of Justice, subject to the following exceptions:

1. They do not apply to proceedings in the Small Claims Court, which are governed by Ontario Regulation 258/98 (Rules of the Small Claims Court).

2. They do not apply to proceedings governed by Ontario Regulation 114/99 (Family Law Rules), except as provided in those rules.

3. They do not apply if a statute provides for a different procedure. R.R.O. 1990, Reg. 194, r. 1.02 (1); O. Reg. 484/94, s. 1; O. Reg. 288/99, s. 1 (1, 2); O. Reg. 292/99, s. 1 (1, 2); O. Reg. 131/04, s. 1 (1, 2); O. Reg. 394/09, s. 1.

Combined Proceeding in Family Court of Superior Court of Justice

(1.1) Where a proceeding combines a matter to which the Family Law Rules apply with a matter to which these rules would ordinarily apply, the parties may agree, or the court on motion may order, that the Family Law Rules apply to the combined proceeding or part of it. O. Reg. 131/04, s. 1 (3).

(2)-(4) Revoked: O. Reg. 504/00, s. 1.

DEFINITIONS

1.03 (1) In these rules, unless the context requires otherwise,

“action” means a proceeding that is not an application and includes a proceeding commenced by,

(a) statement of claim,

(b) notice of action,

(c) counterclaim,

(d) crossclaim, or

(e) third or subsequent party claim; (“action”)

“appellant” means a person who brings an appeal; (“appelant”)

“appellate court” means the Court of Appeal or the Divisional Court, as the circumstances require; (“tribunal d’appel”)

“applicant” means a person who makes an application; (“requérant”)

“application” means a proceeding commenced by notice of application; (“requête”)

“county” includes a district, a regional or district municipality, and the City of Toronto; (“comté”)

“court” means the court in which a proceeding is pending and, in the case of a proceeding in the Superior Court of Justice, includes,

(a) a master having jurisdiction to hear motions under Rule 37, and

(b) a case management master; (“tribunal”)

“defendant” means a person against whom an action is commenced; (“défendeur”)

“deliver” means serve and file with proof of service, and “delivery” has a corresponding meaning; (“remettre”, “remise”)

“disability”, where used in respect of a person, means that the person is,

(a) a minor,

(b) mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992 in respect of an issue in the proceeding, whether the person has a guardian or not, or

(c) an absentee within the meaning of the Absentees Act; (“incapable”, “incapacité”)

“discovery” means discovery of documents, examination for discovery, inspection of property and medical examination of a party as provided under Rules 30 to 33; (“enquête préalable”)

“document” includes data and information in electronic form; (“document”)

“electronic” includes created, recorded, transmitted or stored in digital form or in other intangible form by electronic, magnetic or optical means or by any other means that has capabilities for creation, recording, transmission or storage similar to those means, and “electronically” has a corresponding meaning; (“électronique”, “par voie électronique”)

“hearing” means the hearing of an application, motion, reference, appeal or assessment of costs, or a trial; (“audience”)

“holiday” means,

(a) any Saturday or Sunday,

(b) New Year’s Day,

(b.1) Family Day,

(c) Good Friday,

(d) Easter Monday,

(e) Victoria Day,

(f) Canada Day,

(g) Civic Holiday,

(h) Labour Day,

(i) Thanksgiving Day,

(j) Remembrance Day,

(k) Christmas Day,

(l) Boxing Day, and

(m) any special holiday proclaimed by the Governor General or the Lieutenant Governor,

and where New Year’s Day, Canada Day or Remembrance Day falls on a Saturday or Sunday, the following Monday is a holiday, and where Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday are holidays, and where Christmas Day falls on a Friday, the following Monday is a holiday; (“jour férié”)

“judge” means a judge of the court; (“juge”)

“judgment” means a decision that finally disposes of an application or action on its merits and includes a judgment entered in consequence of the default of a party; (“jugement”)

“lawyer” means a person authorized under the Law Society Act to practise law in Ontario; (“avocat”)

“lawyer’s office” means the office of the lawyer of record as set out in the last document filed by him or her; (“bureau de l’avocat”)

“limited scope retainer” means the provision of legal services by a lawyer for part, but not all, of a client’s legal matter by agreement between the lawyer and the client; (“mandat à portée limitée”)

“motion” means a motion in a proceeding or an intended proceeding; (“motion”)

“moving party” means a person who makes a motion; (“auteur de la motion”)

“order” includes a judgment; (“ordonnance”)

“originating process” means a document whose issuing commences a proceeding under these rules, and includes,

(a) a statement of claim,

(b) a notice of action,

(c) a notice of application,

(d) an application for a certificate of appointment of an estate trustee,

(e) a counterclaim against a person who is not already a party to the main action, and

(f) a third or subsequent party claim,

but does not include a counterclaim that is only against persons who are parties to the main action, a crossclaim or a notice of motion; (“acte introductif d’instance”)

“partial indemnity costs” mean costs awarded in accordance with Part I of Tariff A, and “on a partial indemnity basis” has a corresponding meaning; (“dépens d’indemnisation partielle”)

“person” includes a party to a proceeding; (“personne”)

“plaintiff” means a person who commences an action; (“demandeur”)

“proceeding” means an action or application; (“instance”)

“referee” means the person to whom a reference in a proceeding is directed; (“arbitre”)

“registrar” means the Registrar of the Divisional Court or Court of Appeal, or a local registrar of the Superior Court of Justice, as the circumstances require; (“greffier”)

“respondent” means a person against whom an application is made or an appeal is brought, as the circumstances require; (“intimé”)

“responding party” means a person against whom a motion is made; (“partie intimée”)

“statute” includes a statute passed by the Parliament of Canada; (“loi”)

“substantial indemnity costs” mean costs awarded in an amount that is 1.5 times what would otherwise be awarded in accordance with Part I of Tariff A, and “on a substantial indemnity basis” has a corresponding meaning; (“dépens d’indemnisation substantielle”)

“timetable” means a schedule for the completion of one or more steps required to advance the proceeding (including delivery of affidavits of documents, examinations under oath, where available, or motions), established by order of the court or by written agreement of the parties that is not contrary to an order. (“calendrier”)

(2) Revoked: O. Reg. 14/04, s. 1 (2).

INTERPRETATION

General Principle

1.04 (1) These rules shall be liberally construed to secure the just, most expeditious and least expensive determination of every civil proceeding on its merits. R.R.O. 1990, Reg. 194, r. 1.04 (1).

Proportionality

(1.1) In applying these rules, the court shall make orders and give directions that are proportionate to the importance and complexity of the issues, and to the amount involved, in the proceeding. O. Reg. 438/08, s. 2.

Matters Not Provided For

(2) Where matters are not provided for in these rules, the practice shall be determined by analogy to them. R.R.O. 1990, Reg. 194, r. 1.04 (2).

(3) Revoked: O. Reg. 231/13, s. 2.

“Party and Party” Costs

(4) If a statute, regulation or other document refers to party and party costs, these rules apply as if the reference were to partial indemnity costs. O. Reg. 284/01, s. 3.

“Solicitor and Client” Costs

(5) If a statute, regulation or other document refers to solicitor and client costs, these rules apply as if the reference were to substantial indemnity costs. O. Reg. 284/01, s. 3.

ORDERS ON TERMS

1.05 When making an order under these rules the court may impose such terms and give such directions as are just. R.R.O. 1990, Reg. 194, r. 1.05.

FORMS

Use of Forms

1.06 (1) The forms prescribed by these rules shall be used where applicable and with such variations as the circumstances require. O. Reg. 77/06, s. 1.

Table of Forms

(2) In these rules, when a form is referred to by number, the reference is to the form with that number that is described in the Table of Forms at the end of these rules and is available on the Internet through www.ontariocourtforms.on.ca. O. Reg. 77/06, s. 1.

PRACTICE DIRECTIONS

Definition

1.07 (1) In this rule,

“practice direction” means a direction, notice, guide or similar publication for the purpose of governing, subject to these rules, the practice for proceedings. O. Reg. 132/04, s. 1.

Court of Appeal

(2) A practice direction for proceedings in the Court of Appeal shall be signed by the Chief Justice of Ontario. O. Reg. 132/04, s. 1.

Superior Court of Justice

(3) A practice direction for proceedings in the Superior Court of Justice throughout Ontario shall be signed by the Chief Justice of the Superior Court of Justice. O. Reg. 132/04, s. 1.

(4) A practice direction for proceedings in the Superior Court of Justice in a region shall be signed by the regional senior judge and countersigned by the Chief Justice of the Superior Court of Justice. O. Reg. 132/04, s. 1.

Filing and Publication

(5) A practice direction shall be filed with the secretary of the Civil Rules Committee and published on the Ontario Courts website. O. Reg. 537/18, s. 1.

Effective Date

(6) A practice direction does not come into effect before it is filed and published in accordance with subrule (5). O. Reg. 537/18, s. 1.

Telephone and Video Conferences

Where Available

1.08 (1) If facilities for a telephone or video conference are available at the court or are provided by a party, all or part of any of the following proceedings or steps in a proceeding may be heard or conducted by telephone or video conference as permitted by subrules (2) to (5):

1. A motion (Rule 37).

2. An application (Rule 38).

3. A status hearing (Rule 48.14).

4. At trial, the oral evidence of a witness and the argument.

5. A reference (Rule 55.02).

6. An appeal or a motion for leave to appeal (Rules 61 and 62).

7. A proceeding for judicial review.

8. A pre-trial conference or case conference. O. Reg. 288/99, s. 2; O. Reg. 24/00, s. 1; O. Reg. 438/08, s. 3 (1).

Consent

(2) If the parties consent to a telephone or video conference and if the presiding judge or officer permits it, one of the parties shall make the necessary arrangements. O. Reg. 288/99, s. 2.

Order, No Consent

(3) If the parties do not consent, the court may, on motion or on its own initiative, make an order directing a telephone or video conference on such terms as are just. O. Reg. 288/99, s. 2; O. Reg. 438/08, s. 3 (2).

(4) The judge or officer presiding at a proceeding or step in a proceeding may set aside or vary an order made under subrule (3). O. Reg. 288/99, s. 2.

Factors to Consider

(5) In deciding whether to permit or to direct a telephone or video conference, the court shall consider,

(a) the general principle that evidence and argument should be presented orally in open court;

(b) the importance of the evidence to the determination of the issues in the case;

(c) the effect of the telephone or video conference on the court’s ability to make findings, including determinations about the credibility of witnesses;

(d) the importance in the circumstances of the case of observing the demeanour of a witness;

(e) whether a party, witness or lawyer for a party is unable to attend because of infirmity, illness or any other reason;

(f) the balance of convenience between the party wishing the telephone or video conference and the party or parties opposing; and

(g) any other relevant matter. O. Reg. 288/99, s. 2; O. Reg. 575/07, s. 1.

Arrangements for Conference

(6) Where the court permits or directs a telephone or video conference, the court may direct a party to make the necessary arrangements and to give notice of those arrangements to the other parties and to the court. O. Reg. 288/99, s. 2.

video conference — References under the solicitors act

Application

1.08.1 (1) This rule applies to every reference under the Solicitors Act of a lawyer’s bill for assessment that is ordered to be held in a court located in,

(a) the Town of Cochrane;

(b) the Town of Fort Frances;

(c) the City of Kenora;

(d) the City of Sault Ste. Marie;

(e) the City of Greater Sudbury; or

(f) the City of Thunder Bay. O. Reg. 573/07, s. 1.

Assessment by Video Conference

(2) Despite rule 1.08, all or part of a reference to which this rule applies may be heard or conducted by video conference at two or more locations referred to in subrule (3) if a party to the reference makes a request for video conference in accordance with subrule (4), and the presiding officer grants the request. O. Reg. 573/07, s. 1.

Location

(3) The following are the locations in which all or part of a reference to which this rule applies may be heard or conducted by video conference:

1. Any of the courts referred to in subrule (1).

2. The Small Claims Court located in the City of Dryden. O. Reg. 573/07, s. 1.

Request

(4) A party may, within two days after service of a notice of appointment respecting a reference to which this rule applies, make a request for video conference under subrule (2) by,

(a) completing a request form provided by the Ministry of the Attorney General for the purpose and available from any court referred to in subrule (1); and

(b) serving the request form and filing it with proof of service in the court in which the order for the reference was made. O. Reg. 573/07, s. 1.

Objection

(5) A party on whom a request for video conference is served may, within two days after being served with the request, object to the video conference by,

(a) completing an objection form provided by the Ministry of the Attorney General for the purpose and available from any court referred to in subrule (1); and

(b) serving the objection form and filing it with proof of service in the court in which the order for the reference was made. O. Reg. 573/07, s. 1.

Factors to Consider

(6) In deciding whether to grant a request for video conference under subrule (2), the presiding officer shall consider,

(a) any objection made in accordance with subrule (5);

(b) the balance of convenience between the party making the request and the other party; and

(c) any other relevant matter. O. Reg. 573/07, s. 1.

Setting Aside or Varying Order

(7) The presiding officer may set aside or vary an order made under subrule (2). O. Reg. 573/07, s. 1.

Arrangements and Filing of Documents

(8) If the presiding officer grants a request for video conference, the following requirements apply:

1. The court in which the order for the reference was made shall make the necessary arrangements for the conference and shall notify the parties of them.

2. Despite subrule 55.02 (16), the parties shall file all documents pertaining to the reference in the court in which the order for the reference was made at least five days before the hearing date. O. Reg. 573/07, s. 1.

(9) Revoked: O. Reg. 394/09, s. 2.

COMMUNICATIONS OUT OF COURT

1.09 When a proceeding is pending before the court, no party to the proceeding and no party’s lawyer shall communicate about the proceeding with a judge, master or case management master out of court, directly or indirectly, unless,

(a) all the parties consent, in advance, to the out-of-court communication; or

(b) the court directs otherwise. O. Reg. 132/04, s. 2; O. Reg. 438/08, s. 66.

RULE 2 NON-COMPLIANCE WITH THE RULES

EFFECT OF NON-COMPLIANCE

2.01 (1) A failure to comply with these rules is an irregularity and does not render a proceeding or a step, document or order in a proceeding a nullity, and the court,

(a) may grant all necessary amendments or other relief, on such terms as are just, to secure the just determination of the real matters in dispute; or

(b) only where and as necessary in the interest of justice, may set aside the proceeding or a step, document or order in the proceeding in whole or in part. R.R.O. 1990, Reg. 194, r. 2.01 (1).

(2) The court shall not set aside an originating process on the ground that the proceeding should have been commenced by an originating process other than the one employed. R.R.O. 1990, Reg. 194, r. 2.01 (2).

ATTACKING IRREGULARITY

2.02 A motion to attack a proceeding or a step, document or order in a proceeding for irregularity shall not be made, except with leave of the court,

(a) after the expiry of a reasonable time after the moving party knows or ought reasonably to have known of the irregularity; or

(b) if the moving party has taken any further step in the proceeding after obtaining knowledge of the irregularity. R.R.O. 1990, Reg. 194, r. 2.02.

COURT MAY DISPENSE WITH COMPLIANCE

2.03 The court may, only where and as necessary in the interest of justice, dispense with compliance with any rule at any time. R.R.O. 1990, Reg. 194, r. 2.03.

Rule 2.1 General Powers to Stay or Dismiss if Vexatious, etc.

Stay, Dismissal of frivolous, vexatious, abusive Proceeding

Order to Stay, Dismiss Proceeding

2.1.01 (1) The court may, on its own initiative, stay or dismiss a proceeding if the proceeding appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court. O. Reg. 43/14, s. 1.

Summary Procedure

(2) The court may make a determination under subrule (1) in a summary manner, subject to the procedures set out in this rule. O. Reg. 43/14, s. 1.

(3) Unless the court orders otherwise, an order under subrule (1) shall be made on the basis of written submissions, if any, in accordance with the following procedures:

1. The court shall direct the registrar to give notice (Form 2.1A) to the plaintiff or applicant, as the case may be, that the court is considering making the order.

2. The plaintiff or applicant may, within 15 days after receiving the notice, file with the court a written submission, no more than 10 pages in length, responding to the notice.

3. If the plaintiff or applicant does not file a written submission that complies with paragraph 2, the court may make the order without any further notice to the plaintiff or applicant or to any other party.

4. If the plaintiff or applicant files a written submission that complies with paragraph 2, the court may direct the registrar to give a copy of the submission to any other party.

5. A party who receives a copy of the plaintiff’s or applicant’s submission may, within 10 days after receiving the copy, file with the court a written submission, no more than 10 pages in length, responding to the plaintiff’s or applicant’s submission, and shall give a copy of the responding submission to the plaintiff or applicant and, on the request of any other party, to that party. O. Reg. 43/14, s. 1.

(4) A document required under subrule (3) to be given to a party shall be mailed in the manner described in subclause 16.01 (4) (b) (i), and is deemed to have been received on the fifth day after it is mailed. O. Reg. 43/14, s. 1.

Copy of Order

(5) The registrar shall serve a copy of the order by mail on the plaintiff or applicant as soon as possible after the order is made. O. Reg. 43/14, s. 1.

Request for Order

(6) Any party to the proceeding may file with the registrar a written request for an order under subrule (1). O. Reg. 43/14, s. 1.

Notification of Court by Registrar

(7) If the registrar becomes aware that a proceeding could be the subject of an order under subrule (1), the registrar shall notify the court. O. Reg. 43/14, s. 1.

Stay, Dismissal of frivolous, vexatious, abusive Motion

Order to Stay, Dismiss Motion

2.1.02 (1) The court may, on its own initiative, stay or dismiss a motion if the motion appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court. O. Reg. 43/14, s. 1.

(2) Subrules 2.1.01 (2) to (7) apply, with necessary modifications, to the making of an order under subrule (1) and, for the purpose,

(a) a reference to the proceeding shall be read as a reference to the motion; and

(b) a reference to the plaintiff or applicant shall be read as a reference to the moving party. O. Reg. 43/14, s. 1.

Prohibition on Further Motions

(3) On making an order under subrule (1), the court may also make an order under rule 37.16 prohibiting the moving party from making further motions in a proceeding without leave. O. Reg. 43/14, s. 1.

Stay, dismissal of Proceeding if no leave under Courts of Justice Act

Order for Stay, Dismissal

2.1.03 (1) If the court determines that a person who is subject to an order under subsection 140 (1) of the Courts of Justice Act has instituted or continued a proceeding without the order having been rescinded or leave granted for the proceeding to be instituted or continued, the court shall make an order staying or dismissing the proceeding. O. Reg. 43/14, s. 1.

Request for Order

(2) Any party to the proceeding may file with the registrar a written request for an order under subrule (1). O. Reg. 43/14, s. 1.

Copy of Order

(3) An order under subrule (1) may be made without notice, but the registrar shall serve a copy of the order by mail on every party to the proceeding for whom an address is provided in the originating process as soon as possible after the order is made. O. Reg. 43/14, s. 1.

RULE 3 TIME

COMPUTATION

3.01 (1) In the computation of time under these rules or an order, except where a contrary intention appears,

(a) where there is a reference to a number of days between two events, they shall be counted by excluding the day on which the first event happens and including the day on which the second event happens, even if they are described as clear days or the words “at least” are used;

(b) where a period of seven days or less is prescribed, holidays shall not be counted;

(c) where the time for doing an act expires on a holiday, the act may be done on the next day that is not a holiday; and

(d) service of a document, other than an originating process, made after 4 p.m. or at any time on a holiday shall be deemed to have been made on the next day that is not a holiday. R.R.O. 1990, Reg. 194, r. 3.01 (1); O. Reg. 394/09, s. 3; O. Reg. 438/08, s. 4.

(2) Where a time of day is mentioned in these rules or in any document in a proceeding, the time referred to shall be taken as the time observed locally. R.R.O. 1990, Reg. 194, r. 3.01 (2).

EXTENSION OR ABRIDGMENT

General Powers of Court

3.02 (1) Subject to subrule (3), the court may by order extend or abridge any time prescribed by these rules or an order, on such terms as are just. R.R.O. 1990, Reg. 194, r. 3.02 (1).

(2) A motion for an order extending time may be made before or after the expiration of the time prescribed. R.R.O. 1990, Reg. 194, r. 3.02 (2).

Times in Appeals

(3) An order under subrule (1) extending or abridging a time prescribed by these rules and relating to an appeal to an appellate court may be made only by a judge of the appellate court. R.R.O. 1990, Reg. 194, r. 3.02 (3).

Consent in Writing

(4) A time prescribed by these rules for serving, filing or delivering a document may be extended or abridged by filing a consent. O. Reg. 555/96, s. 1; O. Reg. 427/01, s. 2; O. Reg. 438/08, s. 5.

WHEN PROCEEDINGS MAY BE HEARD

Hearings Throughout the Year

3.03 (1) Proceedings may be heard throughout the year, except that from December 24th to the following January 6th no trial of an action shall be held unless the consent of all parties is filed or the court orders otherwise. O. Reg. 770/92, s. 3; O. Reg. 427/01, s. 3.

In Absence of Opposite Party

(2) No motion, reference, examination, assessment of costs or other matter, except a motion made without notice, shall proceed before a judge, master or other officer in the absence of the opposite party until fifteen minutes after the time fixed for it. R.R.O. 1990, Reg. 194, r. 3.03 (2).

Timetables

Amendment

3.04 (1) Parties may, by written agreement, amend a timetable established by order of a judge or case management master, unless the order expressly prohibits amendment by the parties. O. Reg. 438/08, s. 6.

Same

(2) Parties may, by written agreement, amend a timetable established by written agreement of the parties and amended by the order of a judge or case management master, unless the order expressly prohibits amendment by the parties. O. Reg. 438/08, s. 6.

Limitation

(3) Despite subrules (1) and (2), in the case of an action, an agreement to amend a timetable shall not amend the date before which the action shall be set down for trial or restored to a trial list, as the case may be. O. Reg. 438/08, s. 6.

Non-Compliance

(4) If a party fails to comply with a timetable, a judge or case management master may, on any other party’s motion,

(a) stay the party’s proceeding;

(b) dismiss the party’s proceeding or strike out the party’s defence; or

(c) make such other order as is just. O. Reg. 438/08, s. 6.

RULE 4 COURT DOCUMENTS

FORMAT

Standards — Documents in Writing

4.01 (1) A document in writing in a proceeding shall meet the following standards:

1. The text shall be printed, typewritten, written or reproduced legibly, with double spaces between the lines and a margin of approximately 40 millimetres on the left-hand side.

2. The characters used shall be of at least 12 point or 10 pitch size.

3. Good quality white paper or good quality near white recycled paper 216 millimetres by 279 millimetres shall be used. O. Reg. 427/01, s. 4 (1).

One Side or Both

(2) The text may appear on one side or on both sides of the paper. O. Reg. 396/91, s. 2.

Standards — Electronic Documents

(3) A document that is issued or filed electronically in accordance with these rules is sufficient, despite subrule (1), if it meets the standards of the software authorized by the Ministry of the Attorney General for the purpose. O. Reg. 43/14, s. 2.

(4)-(11) Revoked: O. Reg. 14/04, s. 2.

4.01.1 Revoked: O. Reg. 288/99, s. 4.

contents

General Heading

4.02 (1) Every document in a proceeding shall have a heading in accordance with Form 4A (actions) or 4B (applications) that sets out,

(a) the name of the court and the court file number; and

(b) the title of the proceeding in accordance with rule 14.06 (action or application), but in a document other than an originating process, pleading, record, order or report, where there are more than two parties to the proceeding, a short title showing the names of the first party on each side followed by the words “and others” may be used. R.R.O. 1990, Reg. 194, r. 4.02 (1); O. Reg. 131/04, s. 3.

(1.1) Clause (1) (b) does not apply to documents in proceedings under Rules 74 and 75. O. Reg. 484/94, s. 3.

Body of Document

(2) Every document in a proceeding shall contain,

(a) the title of the document;

(b) its date;

(c) where the document is filed by a party and not issued by a registrar or is an originating process, the name, address and telephone number of the lawyer filing the document or, where a party acts in person, his or her name, address for service and telephone number; and

(d) where the document is issued by a registrar, the address of the court office in which the proceeding was commenced or, in the case of an application to the Divisional Court, the address of the court office in the place where the application is to be heard. R.R.O. 1990, Reg. 194, r. 4.02 (2); O. Reg. 575/07, s. 1.

Backsheet

(3) Every document in a proceeding shall have a backsheet in accordance with Form 4C that sets out,

(a) the short title of the proceeding;

(b) the name of the court and the court file number;

(c) in the case of an affidavit, the deponent’s name and the date when he or she swore it;

(d) the location of the court office in which the proceeding was commenced;

(e) the title of the document;

(f) if a lawyer is serving or filing the document, the lawyer’s name, address, telephone number, fax number (if any), e-mail address (if any) and law society membership number;

(g) if a party is acting in person, his or her name, address for service, telephone number, fax number (if any) and e-mail address (if any); and

(h) if the document is to be served, the fax number and e-mail address, if known, of the person on whom the document is to be served. R.R.O. 1990, Reg. 194, r. 4.02 (3); O. Reg. 333/96, s. 1 (1); O. Reg. 457/01, s. 1; O. Reg. 575/07, s. 1; O. Reg. 281/16, s. 1.

(4) Revoked: O. Reg. 333/96, s. 1 (2).

Bilingual Documents

4.02.1 A pleading or any other document written in French that may be filed under section 126 of the Courts of Justice Act may also include a version of all or part of the text written in English. O. Reg. 584/17, s. 1.

CERTIFIED COPIES OF COURT DOCUMENTS

4.03 On the requisition of a person entitled to see a document in the court file under section 137 of the Courts of Justice Act and on payment of the prescribed fee the registrar shall issue a certified copy of the document. R.R.O. 1990, Reg. 194, r. 4.03.

NOTICE TO BE GIVEN IN WRITING OR ELECTRONICALLY

4.04 (1) A notice required to be given by these rules shall be given,

(a) in writing; or

(b) electronically, if the use of electronic means is authorized. O. Reg. 427/01, s. 5 (1).

(2), (3) Revoked: O. Reg. 14/04, s. 3.

ISSUING AND FILING OF DOCUMENTS

Issuing Documents

4.05 (1) A document may be issued on personal attendance in the court office by the party seeking to issue it or by someone on the party’s behalf, unless these rules provide otherwise. R.R.O. 1990, Reg. 194, r. 4.05 (1); O. Reg. 452/98, s. 3 (1); O. Reg. 43/14, s. 3 (1).

Electronic Issuing

(1.1) If these rules permit or require a document to be issued electronically, the software authorized by the Ministry of the Attorney General for the purpose shall be used for the issuance. O. Reg. 43/14, s. 3 (2).

Deemed Issuing

(1.2) A document issued under subrule (1.1) shall be deemed to have been issued by the Superior Court of Justice. O. Reg. 14/04, s. 4 (1).

(1.2.1), (1.2.2) Revoked: O. Reg. 14/04, s. 4 (1).

Notice — Document Issued

(1.3) After a document is issued electronically, notice that it was issued shall be sent to the party that had it issued. O. Reg. 427/01, s. 6 (3).

Place of Filing

(2) The following requirements govern the place of filing of documents in proceedings, unless the documents are filed in the course of a hearing or these rules provide otherwise:

1. All documents required to be filed in a proceeding shall be filed in the court office in which the proceeding was commenced, subject to paragraphs 2, 3 and 4.

2. If the proceeding has been transferred to another county in accordance with rule 13.1.02, the documents shall be filed in the court office in the new county, subject to paragraph 3.

3. An affidavit, transcript, record or factum to be used at a hearing shall be filed in the court office in the county where the hearing is to be held.

4. Documents relating to a motion to transfer a proceeding to another county under rule 13.1.02 shall be filed in the court office of the county to which the transfer is sought, if subrule 13.1.02 (3.1) applies. O. Reg. 14/04, s. 4 (2); O. Reg. 438/08, s. 7.

(3) Revoked: O. Reg. 14/04, s. 4 (2).

Filing by Leaving in Court Office or by Mail

(4) Any document, other than one that is to be issued, may be filed by leaving it in the proper court office or mailing it to the proper court office, accompanied by the prescribed fee. R.R.O. 1990, Reg. 194, r. 4.05 (4).

Electronic Filing

(4.1) If these rules permit or require a document to be filed electronically, the software authorized by the Ministry of the Attorney General for the purpose shall be used for the filing. O. Reg. 43/14, s. 3 (3).

(4.1.1) Revoked: O. Reg. 487/16, s. 2 (1).

(4.1.2) Revoked: O. Reg. 14/04, s. 4 (3).

Confirmation of Filing

(4.2) The electronic filing of a document in accordance with this rule shall be confirmed by way of a notice of accepted filing given through the authorized software. O. Reg. 584/17, s. 2 (1).

Date of Filing where Filed by Mail

(5) Where a document is filed by mail, the date of the filing stamp of the court office on the document shall be deemed to be the date of its filing, unless the court orders otherwise. R.R.O. 1990, Reg. 194, r. 4.05 (5).

Where Document Filed by Mail not Received

(6) Where a court office has no record of the receipt of a document alleged to have been filed by mail, the document shall be deemed not to have been filed, unless the court orders otherwise. R.R.O. 1990, Reg. 194, r. 4.05 (6).

Date of Electronic Issuance, Filing

(7) The date on which a document that is issued or filed electronically is considered to have been issued or filed, as the case may be, is the date indicated for the document by the authorized software. O. Reg. 43/14, s. 3 (4).

Issuance, Filing Outside of Business Hours

(8) If a document is issued or filed electronically outside of regular business hours, the authorized software shall indicate that the document was issued or filed, as the case may be, on the next day that is not a holiday. O. Reg. 487/16, s. 2 (2).

(9) Revoked: O. Reg. 584/17, s. 2 (2).

Requirement to Keep Original

(10) A person who electronically files a document that was originally signed, certified or commissioned in paper format shall,

(a) retain the original document in paper format until the thirtieth day after the expiry of the period for an appeal in the proceeding; and

(b) make the original document in paper format available for inspection and copying no later than five days after a request of the court or of any party to the proceeding to do so. O. Reg. 584/17, s. 2 (2).

(11) Revoked: O. Reg. 584/17, s. 2 (2).

Civil Claims Online Portal

4.05.1 (1) In this rule,

“Civil Claims Online Portal” means the software authorized by the Ministry of the Attorney General for the purposes of this rule and that is available on the internet under the name “Civil Claims Online Portal” in English and “Portail en ligne pour les actions civiles” in French. O. Reg. 584/17, s. 3 (1).

Documents That May be Filed Through Portal

(2) Subject to subrule (3), the following documents may be filed electronically through the Civil Claims Online Portal:

1. A statement of claim (Form 14A, 14B or 14D).

2. A notice of action (Form 14C).

2.1 A statement of defence (Form 18A), including one that includes a counterclaim against parties to the main action only (Form 27A) or a crossclaim (Form 28A).

2.2 A notice of intent to defend (Form 18B).

2.3 A notice of discontinuance (Form 23A), and a consent to discontinuance filed for the purposes of clause 23.01 (1) (c).

2.4 A defence to counterclaim (Form 27C).

2.5 A defence to crossclaim (Form 28B).

2.6 Form 29A (third party claim), including with respect to a fourth or subsequent party claim or claim by a defendant to a counterclaim or crossclaim.

2.7 Form 29B (third party defence), including with respect to a defence by a fourth or subsequent party.

2.8 A jury notice (Form 47A).

3. An affidavit for the purposes of subrule 7.02 (2).

4. A requisition or written statement under clause 5 (1) (a) of Ontario Regulation 53/01 (Bilingual Proceedings) made under the Courts of Justice Act.

5. A consent filed for the purposes of paragraph 7 of subsection 126 (2) of the Courts of Justice Act.

5.1 A certificate of action under section 36 of the Construction Act (Form 14 under that Act).

6. Any consent or court order required to be filed together with a document referred to in this subrule.

7. Proof of service under rule 16.09 or in Form 17A, 17B or 17C of a document that is filed electronically under this subrule. O. Reg. 584/17, s. 3 (1-3); O. Reg. 456/19, s. 1 (1, 2).

Agreement

(3) Subrule (2) does not apply unless the party filing the document through the Civil Claims Online Portal agrees to its terms of use, including providing an e-mail address at which he or she agrees to accept documents from the court electronically. O. Reg. 584/17, s. 3 (1).

Electronic Filing of Originating Process

(4) If a statement of claim in Form 14A or 14B or a notice of action (Form 14C) is filed electronically through the Civil Claims Online Portal,

(a) Form 14F (Information for court use) is not required to be filed, despite subrule 14.03 (4.1); and

(b) subrule 14.07 (2) does not apply if the statement of claim or notice of action is issued electronically under subrule (7) of this rule, provided that the statement of claim or notice of action does not need to be reissued in paper format as a result of a technical error in the issued document arising from the electronic filing process. O. Reg. 584/17, s. 3 (1).

Inconsistencies

(5) In the event of an inconsistency between information provided in a document filed electronically by a person through the Civil Claims Online Portal and information provided by the person through the Civil Claims Online Portal that is not in the electronically filed document,

(a) the information in the electronically filed document prevails, except with respect to the county specified by the person for the purposes of Rule 13.1 where the information provided through the Civil Claims Online Portal prevails; and

(b) the registrar may request from the person written clarification, in the manner specified by the registrar, respecting the inconsistency, and the person shall promptly provide it. O. Reg. 584/17, s. 3 (1).

(6) Revoked: O. Reg. 441/20, s. 1.

Documents That May be Issued Through Portal

(7) The following documents may be issued electronically through the Civil Claims Online Portal:

1. A statement of claim in Form 14A or 14B.

2. A notice of action (Form 14C).

3. A third, fourth or subsequent party claim (Form 29A).

4. A certificate of action under section 36 of the Construction Act (Form 14 under that Act). O. Reg. 584/17, s. 3 (1); O. Reg. 456/19, s. 1 (3).

Civil Submissions Online Portal

4.05.2 (1) In this rule,

“Civil Submissions Online Portal” means the software authorized by the Ministry of the Attorney General for the purposes of this rule and that is available on the internet under the name “Civil Submissions Online Portal” in English and “Portail en ligne pour soumettre des documents dans les actions civiles” in French. O. Reg. 441/20, s. 2.

Documents That May be Filed

(2) Any document that may or must be filed under these rules, other than a document listed under subrule 4.05.1 (2) or that is filed for the purposes of rule 60.07, may be filed electronically by using the Civil Submissions Online Portal in accordance with this rule, if the Civil Submissions Online Portal provides for the electronic filing of the document. O. Reg. 441/20, s. 2.

Required Steps for Filing

(3) A document to which subrule (2) applies may be filed electronically by using the Civil Submissions Online Portal if,

(a) the document is submitted through the Civil Submissions Online Portal; and

(b) the registrar accepts the document for filing. O. Reg. 441/20, s. 2.

Confirmation

(4) If the registrar accepts the document for filing, the registrar shall send confirmation of the filing by e-mail. O. Reg. 441/20, s. 2.

Filing Date

(5) A document filed under subrule (3) is considered to have been filed on the day indicated in the confirmation sent by the registrar. O. Reg. 441/20, s. 2.

Documents That May be Issued

(6) Any document that may or must be issued under these rules, other than a document listed under subrule 4.05.1 (7) or that is issued for the purposes of rule 60.07, may be issued electronically by using the Civil Submissions Online Portal in accordance with this rule, if the Civil Submissions Online Portal provides for the electronic issuance of the document. O. Reg. 441/20, s. 2.

Required Steps for Issuance

(7) A document to which subrule (6) applies may be issued electronically by using the Civil Submissions Online Portal if,

(a) the document is submitted through the Civil Submissions Online Portal; and

(b) the registrar accepts the document for issuance. O. Reg. 441/20, s. 2.

Confirmation

(8) If the registrar accepts the document for issuance, the registrar shall issue the document and send confirmation of the issuance by e-mail, together with the issued document. O. Reg. 441/20, s. 2.

Issuance Date

(9) A document issued by the registrar under subrule (8) is considered to have been issued on the day indicated in the confirmation sent by the registrar. O. Reg. 441/20, s. 2.

Filing, Issuance of Other Documents

(10) Despite subrules (2) and (6), a document listed under subrule 4.05.1 (2) or (7) may be filed or issued, as the case may be, electronically by using the Civil Submissions Online Portal in accordance with this rule, if a prescribed fee is not required to be paid for the filing or issuance of the document. O. Reg. 441/20, s. 2.

If Clarification Needed

(11) The registrar may request from a person written clarification with respect to a document that is requested to be filed or issued electronically in accordance with this rule, and the person shall provide the clarification in the manner specified by the registrar. O. Reg. 441/20, s. 2.

No Filing or Issuance Without Confirmation

(12) For greater certainty, a document that is submitted through the Civil Submissions Online Portal is not filed or issued unless the filing or issuance is confirmed by the registrar in accordance with subrule (4) or (8), as the case may be. O. Reg. 441/20, s. 2.

Requirement to Agree to Terms of Use

(13) Despite subrules (2) and (6), a document may not be filed or issued electronically by using the Civil Submissions Online Portal unless the person requesting the filing or issuance agrees to its terms of use, including providing an e-mail address at which the person agrees to accept documents from the court electronically. O. Reg. 441/20, s. 2.

Non-Application of Certain Subrules

(14) Subrules 4.05 (4.2), (7) and (8) do not apply with respect to a document filed or issued electronically by using the Civil Submissions Online Portal. O. Reg. 441/20, s. 2.

AFFIDAVITS

Format

4.06 (1) An affidavit used in a proceeding shall,

(a) be in Form 4D;

(b) be expressed in the first person;

(c) state the full name of the deponent and, if the deponent is a party or a lawyer, officer, director, member or employee of a party, shall state that fact;

(d) be divided into paragraphs, numbered consecutively, with each paragraph being confined as far as possible to a particular statement of fact; and

(e) be signed by the deponent and sworn or affirmed before a person authorized to administer oaths or affirmations. R.R.O. 1990, Reg. 194, r. 4.06 (1); O. Reg. 575/07, s. 1.

Contents

(2) An affidavit shall be confined to the statement of facts within the personal knowledge of the deponent or to other evidence that the deponent could give if testifying as a witness in court, except where these rules provide otherwise. R.R.O. 1990, Reg. 194, r. 4.06 (2).

Exhibits

(3) An exhibit that is referred to in an affidavit shall be marked as such by the person taking the affidavit and where the exhibit,

(a) is referred to as being attached to the affidavit, it shall be attached to and filed with the affidavit;

(b) is referred to as being produced and shown to the deponent, it shall not be attached to the affidavit or filed with it, but shall be left with the registrar for the use of the court, and on the disposition of the matter in respect of which the affidavit was filed, the exhibit shall be returned to the lawyer or party who filed the affidavit, unless the court orders otherwise; and

(c) is a document, a copy shall be served with the affidavit, unless it is impractical to do so. R.R.O. 1990, Reg. 194, r. 4.06 (3); O. Reg. 575/07, s. 1.

By Two or More Deponents

(4) Where an affidavit is made by two or more deponents, there shall be a separate jurat for each deponent, unless all the deponents make the affidavit before the same person at the same time, in which case one jurat containing the words “Sworn (or affirmed) by the above-named deponents” may be used. R.R.O. 1990, Reg. 194, r. 4.06 (4).

For a Corporation

(5) Where these rules require an affidavit to be made by a party and the party is a corporation, the affidavit may be made for the corporation by an officer, director or employee of the corporation. R.R.O. 1990, Reg. 194, r. 4.06 (5).

For a Partnership

(6) Where these rules require an affidavit to be made by a party and the party is a partnership, the affidavit may be made for the partnership by a member or employee of the partnership. R.R.O. 1990, Reg. 194, r. 4.06 (6).

By an Illiterate or Blind Person

(7) Where it appears to a person taking an affidavit that the deponent is illiterate or blind, the person shall certify in the jurat that the affidavit was read in his or her presence to the deponent, that the deponent appeared to understand it, and that the deponent signed the affidavit or placed his or her mark on it in the presence of the person taking the affidavit. R.R.O. 1990, Reg. 194, r. 4.06 (7).

By a Person who does not Understand the Language

(8) Where it appears to a person taking an affidavit that the deponent does not understand the language used in the affidavit, the person shall certify in the jurat that the affidavit was interpreted to the deponent in the person’s presence by a named interpreter who took an oath or made an affirmation before him or her to interpret the affidavit correctly. R.R.O. 1990, Reg. 194, r. 4.06 (8).

Alterations

(9) Any interlineation, erasure or other alteration in an affidavit shall be initialled by the person taking the affidavit and, unless so initialled, the affidavit shall not be used without leave of the presiding judge or officer. R.R.O. 1990, Reg. 194, r. 4.06 (9).

BINDING OF DOCUMENTS

Records

4.07 (1) Records for motions, applications, trials and appeals shall have a light blue backsheet. O. Reg. 219/91, s. 2.

(1.1) Front covers of records for motions shall be,

(a) green, in the case of a responding party’s motion record;

(b) orange, in the case of a record for a motion under clause 134 (4) (b) of the Courts of Justice Act (motion to receive further evidence); and

(c) white, in any other case. O. Reg. 82/17, s. 1.

Transcripts

(2) Transcripts of evidence for use on a motion or application or at trial shall have a light grey backsheet. O. Reg. 219/91, s. 2.

Appeal Book and Compendium

(3) An appeal book and compendium shall be bound front and back in buff covers. O. Reg. 19/03, s. 1 (1).

Transcripts on Appeal

(4) Transcripts of evidence for use in an appeal shall be bound front and back in red covers, except where the transcript forms part of the appeal book and compendium or record and, where there is more than one volume of transcripts, the volumes shall be clearly numbered. O. Reg. 219/91, s. 2; O. Reg. 19/03, s. 1 (2).

Factums and Case Books

(5) A factum or case book filed by an applicant, moving party or appellant shall be bound front and back in white covers, and a factum or case book of a respondent or responding party shall be bound front and back in green covers. O. Reg. 770/92, s. 4.

(5.1) Revoked: O. Reg. 19/03, s. 1 (3).

Cover Stock

(6) Backsheets and covers shall be of 176g/m2 cover stock. O. Reg. 219/91, s. 2.

Electronically Filed Documents

(7) This rule does not apply to a document that is filed electronically in accordance with these rules; however, if the document is later filed in paper format, this rule applies to the paper version of the document. O. Reg. 487/16, s. 3.

REQUISITION

4.08 Where a party is entitled to require the registrar to carry out a duty under these rules, the party may do so by filing a requisition (Form 4E) and paying the prescribed fee, if any. R.R.O. 1990, Reg. 194, r. 4.08.

TRANSCRIPTS

Paper Size

4.09 (1) Evidence shall be transcribed on paper 216 millimetres by 279 millimetres in size with a margin 25 millimetres wide on the left side delimited by a vertical line. R.R.O. 1990, Reg. 194, r. 4.09 (1).

Heading

(2) The name of the court or, in the case of an examiner, the examiner’s name, title and location shall be stated on a single line no more than 15 millimetres from the top of the first page. R.R.O. 1990, Reg. 194, r. 4.09 (2).

Standards

(3) The text shall be typewritten on thirty-two lines numbered in the margin at every fifth line. R.R.O. 1990, Reg. 194, r. 4.09 (3).

(4) Headings, such as swearing of a witness, direct examination and cross-examination, shall be capitalized and separated from the preceding text by the space of a numbered line, and the number of lines of text on the page may be reduced by one for each heading that appears on the page. R.R.O. 1990, Reg. 194, r. 4.09 (4).

(5) Every question shall commence on a new line and shall begin with the designation “Q.”, followed, within 10 millimetres, by the question. R.R.O. 1990, Reg. 194, r. 4.09 (5).

(6) Every answer shall commence on a new line and shall begin with the designation “A.”, followed, within 10 millimetres, by the answer. R.R.O. 1990, Reg. 194, r. 4.09 (6).

(7) The first line of a question or answer shall be indented 35 millimetres from the margin and shall be 130 millimetres in length. R.R.O. 1990, Reg. 194, r. 4.09 (7).

(8) In a transcript of evidence taken in court, every line of a question or answer, other than the first line, shall begin at the margin and shall be 165 millimetres in length. R.R.O. 1990, Reg. 194, r. 4.09 (8).

(9) In a transcript of evidence taken out of court, every line of a question or answer, other than the first line, shall begin 15 millimetres from the margin and shall be 150 millimetres in length, and questions shall be numbered consecutively by means of a number placed in the 15 millimetres to the right of the margin. R.R.O. 1990, Reg. 194, r. 4.09 (9).

(10) Lines of text other than questions and answers shall be indented 35 millimetres from the margin and shall be 130 millimetres in length. R.R.O. 1990, Reg. 194, r. 4.09 (10).

(11) Every transcript of evidence taken in court or out of court shall have,

(a) a cover page setting out,

(i) the court,

(ii) the title of the proceeding,

(iii) the nature of the hearing or examination,

(iv) the place and date of the hearing or examination,

(v) the name of the presiding judge or officer, and

(vi) the names of the lawyers representing the parties; and

(b) a table of contents setting out,

(i) the name of each witness with the page number at which the examination, cross-examination and re-examination of the witness commence,

(ii) the page number at which the charge to the jury, the objections to the charge and the re-charge commence,

(iii) the page number at which the reasons for judgment commence,

(iv) a list of the exhibits with the page number at which they were made exhibits, and

(v) at the foot of the page, the date the transcript was ordered, the date it was completed and the date the parties were notified of its completion. R.R.O. 1990, Reg. 194, r. 4.09 (11); O. Reg. 575/07, s. 8.

TRANSMISSION OF DOCUMENTS

4.10 (1) Where documents filed with the court or exhibits in the custody of an officer are required for use at another location, the registrar shall send them to the registrar at the other location on a party’s requisition, on payment of the prescribed fee. R.R.O. 1990, Reg. 194, r. 4.10 (1).

(2) Documents or exhibits that have been filed at or sent to a location other than where the proceeding was commenced for a hearing at that location shall be sent by the registrar, after the completion of the hearing, to the registrar at the court office where the proceeding was commenced. R.R.O. 1990, Reg. 194, r. 4.10 (2).

NOTICE OF CONSTITUTIONAL QUESTION

4.11 The notice of constitutional question referred to in section 109 of the Courts of Justice Act shall be in Form 4F. R.R.O. 1990, Reg. 194, r. 4.11.

Rule 4.1 Duty of Expert

Duty of Expert

4.1.01 (1) It is the duty of every expert engaged by or on behalf of a party to provide evidence in relation to a proceeding under these rules,

(a) to provide opinion evidence that is fair, objective and non-partisan;

(b) to provide opinion evidence that is related only to matters that are within the expert’s area of expertise; and

(c) to provide such additional assistance as the court may reasonably require to determine a matter in issue. O. Reg. 438/08, s. 8.

Duty Prevails

(2) The duty in subrule (1) prevails over any obligation owed by the expert to the party by whom or on whose behalf he or she is engaged. O. Reg. 438/08, s. 8.

PARTIES AND JOINDER

RULE 5 JOINDER OF CLAIMS AND PARTIES

JOINDER OF CLAIMS

5.01 (1) A plaintiff or applicant may in the same proceeding join any claims the plaintiff or applicant has against an opposite party. R.R.O. 1990, Reg. 194, r. 5.01 (1).

(2) A plaintiff or applicant may sue in different capacities and a defendant or respondent may be sued in different capacities in the same proceeding. R.R.O. 1990, Reg. 194, r. 5.01 (2).

(3) Where there is more than one defendant or respondent, it is not necessary for each to have an interest in all the relief claimed or in each claim included in the proceeding. R.R.O. 1990, Reg. 194, r. 5.01 (3).

JOINDER OF PARTIES

Multiple Plaintiffs or Applicants

5.02 (1) Two or more persons who are represented by the same lawyer of record may join as plaintiffs or applicants in the same proceeding where,

(a) they assert, whether jointly, severally or in the alternative, any claims to relief arising out of the same transaction or occurrence, or series of transactions or occurrences;

(b) a common question of law or fact may arise in the proceeding; or

(c) it appears that their joining in the same proceeding may promote the convenient administration of justice. R.R.O. 1990, Reg. 194, r. 5.02 (1); O. Reg. 575/07, s. 9.

Multiple Defendants or Respondents

(2) Two or more persons may be joined as defendants or respondents where,

(a) there are asserted against them, whether jointly, severally or in the alternative, any claims to relief arising out of the same transaction or occurrence, or series of transactions or occurrences;

(b) a common question of law or fact may arise in the proceeding;

(c) there is doubt as to the person or persons from whom the plaintiff or applicant is entitled to relief;

(d) damage or loss has been caused to the same plaintiff or applicant by more than one person, whether or not there is any factual connection between the several claims apart from the involvement of the plaintiff or applicant, and there is doubt as to the person or persons from whom the plaintiff or applicant is entitled to relief or the respective amounts for which each may be liable; or

(e) it appears that their being joined in the same proceeding may promote the convenient administration of justice. R.R.O. 1990, Reg. 194, r. 5.02 (2).

JOINDER OF NECESSARY PARTIES

General Rule

5.03 (1) Every person whose presence is necessary to enable the court to adjudicate effectively and completely on the issues in a proceeding shall be joined as a party to the proceeding. R.R.O. 1990, Reg. 194, r. 5.03 (1).

Claim by Person Jointly Entitled

(2) A plaintiff or applicant who claims relief to which any other person is jointly entitled with the plaintiff or applicant shall join, as a party to the proceeding, each person so entitled. R.R.O. 1990, Reg. 194, r. 5.03 (2).

Claim by Assignee of Chose in Action

(3) In a proceeding by the assignee of a debt or other chose in action, the assignor shall be joined as a party unless,

(a) the assignment is absolute and not by way of charge only; and

(b) notice in writing has been given to the person liable in respect of the debt or chose in action that it has been assigned to the assignee. R.R.O. 1990, Reg. 194, r. 5.03 (3).

Power of Court to Add Parties

(4) The court may order that any person who ought to have been joined as a party or whose presence as a party is necessary to enable the court to adjudicate effectively and completely on the issues in the proceeding shall be added as a party. R.R.O. 1990, Reg. 194, r. 5.03 (4).

Party Added as Defendant or Respondent

(5) A person who is required to be joined as a party under subrule (1), (2) or (3) and who does not consent to be joined as a plaintiff or applicant shall be made a defendant or respondent. R.R.O. 1990, Reg. 194, r. 5.03 (5).

Relief Against Joinder of Party

(6) The court may by order relieve against the requirement of joinder under this rule. R.R.O. 1990, Reg. 194, r. 5.03 (6).

MISJOINDER, NON-JOINDER AND PARTIES INCORRECTLY NAMED

Proceeding not to be Defeated

5.04 (1) No proceeding shall be defeated by reason of the misjoinder or non-joinder of any party and the court may, in a proceeding, determine the issues in dispute so far as they affect the rights of the parties to the proceeding and pronounce judgment without prejudice to the rights of all persons who are not parties. R.R.O. 1990, Reg. 194, r. 5.04 (1).

Adding, Deleting or Substituting Parties

(2) At any stage of a proceeding the court may by order add, delete or substitute a party or correct the name of a party incorrectly named, on such terms as are just, unless prejudice would result that could not be compensated for by costs or an adjournment. R.R.O. 1990, Reg. 194, r. 5.04 (2).

Adding Plaintiff or Applicant

(3) No person shall be added as a plaintiff or applicant unless the person’s consent is filed. R.R.O. 1990, Reg. 194, r. 5.04 (3).

RELIEF AGAINST JOINDER

5.05 Where it appears that the joinder of multiple claims or parties in the same proceeding may unduly complicate or delay the hearing or cause undue prejudice to a party, the court may,

(a) order separate hearings;

(b) require one or more of the claims to be asserted, if at all, in another proceeding;

(c) order that a party be compensated by costs for having to attend, or be relieved from attending, any part of a hearing in which the party has no interest;

(d) stay the proceeding against a defendant or respondent, pending the hearing of the proceeding against another defendant or respondent, on condition that the party against whom the proceeding is stayed is bound by the findings made at the hearing against the other defendant or respondent; or

(e) make such other order as is just. R.R.O. 1990, Reg. 194, r. 5.05.

RULE 6 CONSOLIDATION OR HEARING TOGETHER

WHERE ORDER MAY BE MADE

6.01 (1) Where two or more proceedings are pending in the court and it appears to the court that,

(a) they have a question of law or fact in common;

(b) the relief claimed in them arises out of the same transaction or occurrence or series of transactions or occurrences; or

(c) for any other reason an order ought to be made under this rule,

the court may order that,

(d) the proceedings be consolidated, or heard at the same time or one immediately after the other; or

(e) any of the proceedings be,

(i) stayed until after the determination of any other of them, or

(ii) asserted by way of counterclaim in any other of them. R.R.O. 1990, Reg. 194, r. 6.01 (1).

(2) In the order, the court may give such directions as are just to avoid unnecessary costs or delay and, for that purpose, the court may dispense with service of a notice of listing for trial and abridge the time for placing an action on the trial list. R.R.O. 1990, Reg. 194, r. 6.01 (2).

DISCRETION OF PRESIDING JUDGE

6.02 Where the court has made an order that proceedings be heard either at the same time or one immediately after the other, the judge presiding at the hearing nevertheless has discretion to order otherwise. R.R.O. 1990, Reg. 194, r. 6.02.

Rule 6.1 Separate Hearings

Separate Hearings

6.1.01 With the consent of the parties, the court may order a separate hearing on one or more issues in a proceeding, including separate hearings on the issues of liability and damages. O. Reg. 438/08, s. 9.

RULE 7 PARTIES UNDER DISABILITY

REPRESENTATION BY LITIGATION GUARDIAN

Party under Disability

7.01 (1) Unless the court orders or a statute provides otherwise, a proceeding shall be commenced, continued or defended on behalf of a party under disability by a litigation guardian. O. Reg. 69/95, s. 2.

Substitute Decisions Act Applications

(2) Despite subrule (1), an application under the Substitute Decisions Act, 1992 to appoint a guardian of property or a guardian of the person may be commenced, continued and defended without the appointment of a litigation guardian for the respondent in respect of whom the application is made, unless the court orders otherwise. O. Reg. 69/95, s. 2; O. Reg. 281/16, s. 2.

Previously Appointed Committees

(3) A committee named by order or statute before April 3, 1995 is the litigation guardian of the person in respect of whom the committee was named, and shall be referred to as the litigation guardian for all purposes. O. Reg. 377/95, s. 2.

(4) Subrule (3) also applies to the Public Guardian and Trustee acting under an order made under subsection 72 (1) or (2) of the Mental Health Act as it read before April 3, 1995. O. Reg. 69/95, s. 2.

LITIGATION GUARDIAN FOR PLAINTIFF OR APPLICANT

Court Appointment Unnecessary

7.02 (1) Any person who is not under disability may act, without being appointed by the court, as litigation guardian for a plaintiff or applicant who is under disability, subject to subrule (1.1). O. Reg. 69/95, s. 3 (1).

Mentally Incapable Person or Absentee

(1.1) Unless the court orders otherwise, where a plaintiff or applicant,

(a) is mentally incapable and has a guardian with authority to act as litigation guardian in the proceeding, the guardian shall act as litigation guardian;

(b) is mentally incapable and does not have a guardian with authority to act as litigation guardian in the proceeding, but has an attorney under a power of attorney with that authority, the attorney shall act as litigation guardian;

(c) is an absentee and a committee of his or her estate has been appointed under the Absentees Act, the committee shall act as litigation guardian;

(d) is a person in respect of whom an order was made under subsection 72 (1) or (2) of the Mental Health Act as it read before April 3, 1995, the Public Guardian and Trustee shall act as litigation guardian. O. Reg. 69/95, s. 3 (1).

Affidavit to be Filed

(2) No person except the Children’s Lawyer or the Public Guardian and Trustee shall act as litigation guardian for a plaintiff or applicant who is under disability until the person has filed an affidavit in which the person,

(a) consents to act as litigation guardian in the proceeding;

(b) confirms that he or she has given written authority to a named lawyer to act in the proceeding;

(c) provides evidence concerning the nature and extent of the disability;

(d) in the case of a minor, states the minor’s birth date;

(e) states whether he or she and the person under disability are ordinarily resident in Ontario;

(f) sets out his or her relationship, if any, to the person under disability;

(g) states that he or she has no interest in the proceeding adverse to that of the person under disability; and

(h) acknowledges that he or she has been informed of his or her liability to pay personally any costs awarded against him or her or against the person under disability. O. Reg. 14/04, s. 7; O. Reg. 193/15, s. 1.

(3) Revoked: O. Reg. 584/17, s. 4.

LITIGATION GUARDIAN FOR DEFENDANT OR RESPONDENT

Generally must be Appointed by Court

7.03 (1) No person shall act as a litigation guardian for a defendant or respondent who is under disability until appointed by the court, except as provided in subrule (2), (2.1) or (3). R.R.O. 1990, Reg. 194, r. 7.03 (1); O. Reg. 69/95, s. 4 (1).

Where Minor Interested in Estate or Trust

(2) Where a proceeding is against a minor in respect of the minor’s interest in an estate or trust, the Children’s Lawyer shall act as the litigation guardian of the minor defendant or respondent, unless the court orders otherwise. R.R.O. 1990, Reg. 194, r. 7.03 (2); O. Reg. 69/95, s. 19.

Mentally Incapable Person or Absentee

(2.1) Unless the court orders otherwise, where a proceeding is against,

(a) a mentally incapable person who has a guardian with authority to act as litigation guardian in the proceeding, the guardian shall act as litigation guardian;

(b) a mentally incapable person who does not have a guardian with authority to act as litigation guardian in the proceeding but has an attorney under a power of attorney with that authority, the attorney shall act as litigation guardian;

(c) an absentee, and a committee of his or her estate has been appointed under the Absentees Act, the committee shall act as litigation guardian;

(d) a person in respect of whom an order has been made under subsection 72 (1) or (2) of the Mental Health Act as it read before April 3, 1995, the Public Guardian and Trustee shall act as litigation guardian. O. Reg. 69/95, s. 4 (2).

Affidavit by Guardian or Attorney

(2.2) A person who has authority under subrule (2.1) to act as litigation guardian shall, before acting in that capacity in a proceeding, file an affidavit containing the information referred to in subrule (10). O. Reg. 14/04, s. 8.

(2.3) Revoked: O. Reg. 14/04, s. 8.

Defending Counterclaim

(3) A litigation guardian for a plaintiff may defend a counterclaim without being appointed by the court. R.R.O. 1990, Reg. 194, r. 7.03 (3).

Motion by Person Seeking to be Litigation Guardian

(4) A person who seeks to be the litigation guardian of a defendant or respondent under disability shall move to be appointed by the court before acting as litigation guardian. R.R.O. 1990, Reg. 194, r. 7.03 (4).

Motion by Plaintiff or Applicant to Appoint Litigation Guardian

(5) Where a defendant or respondent under disability has been served with an originating process and no motion has been made under subrule (4) for the appointment of a litigation guardian, a plaintiff or applicant, before taking any further step in the proceeding, shall move for an order appointing a litigation guardian for the party under disability. R.R.O. 1990, Reg. 194, r. 7.03 (5).

(6) At least ten days before moving for the appointment of a litigation guardian, a plaintiff or applicant shall serve a request for appointment of litigation guardian (Form 7A) on the party under disability personally or by an alternative to personal service under rule 16.03. R.R.O. 1990, Reg. 194, r. 7.03 (6).

(7) The request may be served on the party under disability with the originating process. R.R.O. 1990, Reg. 194, r. 7.03 (7).

(8) A motion for the appointment of a litigation guardian may be made without notice to the party under disability. R.R.O. 1990, Reg. 194, r. 7.03 (8).

(9) A plaintiff or applicant who moves to appoint the Children’s Lawyer or the Public Guardian and Trustee as the litigation guardian shall serve the notice of motion and the material required by subrule (10) on the Children’s Lawyer or the Public Guardian and Trustee. R.R.O. 1990, Reg. 194, r. 7.03 (9); O. Reg. 69/95, ss. 19, 20.

Evidence on Motion to Appoint

(10) A person who moves for the appointment of a litigation guardian shall provide evidence on the motion concerning,

(a) the nature of the proceeding;

(b) the date on which the cause of action arose and the date on which the proceeding was commenced;

(c) service on the party under disability of the originating process and the request for appointment of litigation guardian;

(d) the nature and extent of the disability;

(e) in the case of a minor, the minor’s birth date;

(f) whether the person under disability ordinarily resides in Ontario and,

except where the proposed litigation guardian is the Children’s Lawyer or the Public Guardian and Trustee, evidence,

(g) concerning the relationship, if any, of the proposed litigation guardian to the party under disability;

(h) whether the proposed litigation guardian ordinarily resides in Ontario;

(i) that the proposed litigation guardian,

(i) consents to act as litigation guardian in the proceeding,

(ii) is a proper person to be appointed,

(iii) has no interest in the proceeding adverse to that of the party under disability, and

(iv) acknowledges having been informed that he or she may incur costs that may not be recovered from another party. R.R.O. 1990, Reg. 194, r. 7.03 (10); O. Reg. 69/95, ss. 19, 20; O. Reg. 193/15, s. 2.

REPRESENTATION OF PERSONS UNDER DISABILITY

Litigation guardian for party

7.04 (1) Unless there is some other proper person willing and able to act as litigation guardian for a party under disability, the court shall appoint,

(a) the Children’s Lawyer, if the party is a minor;

(b) the Public Guardian and Trustee, if the party is mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992 in respect of an issue in the proceeding and there is no guardian or attorn