.Table of Regulations – Legislative History Overview
SUMMARY OF CONTENTS
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GENERAL MATTERS |
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Rule |
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PARTIES AND JOINDER |
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COMMENCEMENT OF PROCEEDINGS |
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13.1 |
Place of Commencement and Hearing or Trial |
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SERVICE |
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16 |
Service of Documents |
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17 |
Service outside Ontario |
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18 |
Time for Delivery of Statement of Defence |
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DISPOSITION WITHOUT TRIAL |
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19 |
Default Proceedings |
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20 |
Summary Judgment |
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21 |
Determination of an Issue Before Trial |
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22 |
Special Case |
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23 |
Discontinuance and Withdrawal |
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24 |
Dismissal of Action for Delay |
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24.1 |
Mandatory Mediation |
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PLEADINGS |
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25 |
Pleadings in an Action |
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26 |
Amendment of Pleadings |
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27 |
Counterclaim |
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28 |
Crossclaim |
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29 |
Third Party Claim |
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DISCOVERY |
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30 |
Discovery of Documents |
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30.1 |
Deemed Undertaking |
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31 |
Examination for Discovery |
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32 |
Inspection of Property |
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33 |
Medical Examination of Parties |
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EXAMINATIONS OUT OF COURT |
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34 |
Procedure on Oral Examinations |
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35 |
Procedure on Examination for Discovery by Written Questions |
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36 |
Taking Evidence Before Trial |
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MOTIONS AND APPLICATIONS |
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37 |
Motions — Jurisdiction and Procedure |
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38 |
Applications — Jurisdiction and Procedure |
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39 |
Evidence on Motions and Applications |
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PRESERVATION OF RIGHTS IN PENDING LITIGATION |
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40 |
Interlocutory Injunction or Mandatory Order |
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41 |
Appointment of Receiver |
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42 |
Certificate of Pending Litigation |
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43 |
Interpleader |
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44 |
Interim Recovery of Personal Property |
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45 |
Interim Preservation of Property |
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PRE-TRIAL PROCEDURES |
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46 |
Place of Trial |
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46 |
Place of Trial |
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47 |
Jury Notice |
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48 |
Listing for Trial |
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49 |
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50 |
Pre-Trial Conference |
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51 |
Admissions |
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TRIALS |
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52 |
Trial Procedure |
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53 |
Evidence at Trial |
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REFERENCES |
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54 |
Directing a Reference |
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55 |
Procedure on a Reference |
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COSTS |
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56 |
Security for Costs |
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57 |
Costs of Proceedings |
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58 |
Assessment of Costs |
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ORDERS |
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59 |
Orders |
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60 |
Enforcement of Orders |
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APPEALS |
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61 |
Appeals to an Appellate Court |
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62 |
Appeals from Interlocutory Orders and Other Appeals to a Judge |
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63 |
Stay Pending Appeal |
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PARTICULAR PROCEEDINGS |
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64 |
Mortgage Actions |
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65 |
Proceedings for Administration |
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66 |
Partition Proceedings |
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67 |
Proceedings Concerning the Estates of Minors |
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68 |
Proceedings for Judicial Review |
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69 |
Divorce Actions |
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70 |
Family Law Proceedings |
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72 |
Payment into and out of Court |
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73 |
Reciprocal Enforcement of United Kingdom Judgments |
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74 |
Estates — Non-Contentious Proceedings |
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75 |
Estates — Contentious Proceedings |
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75.1 |
Mandatory Mediation — Estates, Trusts and Substitute Decisions |
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76 |
Simplified Procedure |
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77 |
Civil Case Management |
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TABLE OF FORMS | |||
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FORMS | |||
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TARIFF A Solicitors’ Fees and Disbursements Allowable Under Rule 58.05 | |||
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TARIFF B Solicitors’ Fees in Divorce Actions Allowed Under Rule 69.26 | |||
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TARIFF C Solicitors’ Costs Allowed on Passing of Accounts without a Hearing | |||
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TABLE OF CONTENTS | |||
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GENERAL MATTERS | |||
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RULE 1CITATION, APPLICATION AND INTERPRETATION | |||
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1.01 |
Citation | ||
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1.02 |
Application of Rules | ||
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1.03 |
Definitions | ||
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1.04 |
Interpretation | ||
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1.05 |
Orders on Terms | ||
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1.06 |
Forms | ||
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1.07 |
Practice Directions | ||
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1.07 |
Practice Directions | ||
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1.08 |
Telephone and Video Conferences | ||
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1.09 |
Communications out of Court | ||
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RULE 2NON-COMPLIANCE WITH THE RULES | |||
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2.01 |
Effect of Non-Compliance | ||
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2.02 |
Attacking Irregularity | ||
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2.03 |
Court May Dispense with Compliance | ||
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RULE 3TIME | |||
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3.01 |
Computation | ||
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3.02 |
Extension or Abridgment | ||
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3.03 |
When Proceedings May be Heard | ||
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RULE 4COURT DOCUMENTS | |||
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4.01 |
Format | ||
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4.02 |
Contents | ||
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4.02.1 |
Bilingual Documents | ||
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4.03 |
Certified Copies of Court Documents | ||
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4.04 |
Notice to be Given in Writing or Electronically | ||
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4.05 |
Issuing and Filing of Documents | ||
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4.05.1 |
Electronic Documents | ||
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4.06 |
Affidavits | ||
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4.07 |
Binding of Documents | ||
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4.08 |
Requisition | ||
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4.09 |
Transcripts | ||
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4.10 |
Transmission of Documents | ||
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4.11 |
Notice of Constitutional Question | ||
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PARTIES AND JOINDER | |||
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RULE 5JOINDER OF CLAIMS AND PARTIES | |||
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5.01 |
Joinder of Claims | ||
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5.02 |
Joinder of Parties | ||
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5.03 |
Joinder of Necessary Parties | ||
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5.04 |
Misjoinder, Non-Joinder and Parties
Incorrectly | ||
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5.05 |
Relief against Joinder | ||
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RULE 6CONSOLIDATION OR HEARING TOGETHER | |||
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6.01 |
Where Order May be Made | ||
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6.02 |
Discretion of Presiding Judge | ||
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RULE 7PARTIES UNDER DISABILITY | |||
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7.01 |
Representation by Litigation Guardian | ||
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7.02 |
Litigation Guardian for Plaintiff or Applicant | ||
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7.03 |
Litigation Guardian for Defendant or Respondent | ||
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7.04 |
Representation of Persons under Disability | ||
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7.05 |
Powers and Duties of Litigation Guardian | ||
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7.06 |
Removal or Substitution of Litigation Guardian | ||
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7.07 |
Noting Party under Disability in Default | ||
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7.07.1 |
Discontinuance by or Against Party under Disability | ||
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7.08 |
Approval of Settlement | ||
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7.09 |
Money to be Paid into Court | ||
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RULE 8PARTNERSHIPS AND SOLE PROPRIETORSHIPS | |||
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8.01 |
Partnerships | ||
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8.02 |
Defence | ||
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8.03 |
Notice to Alleged Partner where Enforcement Sought against Partner | ||
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8.04 |
Person Defending Separately | ||
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8.05 |
Disclosure of Partners | ||
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8.06 |
Enforcement of Order | ||
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8.07 |
Sole Proprietorships | ||
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RULE 9ESTATES AND TRUSTS | |||
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9.01 |
Proceedings by or against Executor, Administrator or Trustee | ||
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9.02 |
Proceeding against Estate that has no Executor or Administrator | ||
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9.03 |
Remedial Provisions | ||
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RULE 10REPRESENTATION ORDER | |||
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10.01 |
Representation of an Interested Person who cannot be Ascertained | ||
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10.02 |
Representation of a Deceased Person | ||
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10.03 |
Relief from Binding Effect of Order | ||
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RULE 11TRANSFER OR TRANSMISSION OF INTEREST | |||
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11.01 |
Effect of Transfer or Transmission | ||
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11.02 |
Order to Continue | ||
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11.03 |
Failure to Obtain Order to Continue Action | ||
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RULE 12CLASS PROCEEDINGS AND OTHER REPRESENTATIVE PROCEEDINGS | |||
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12.01 |
Definitions | ||
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12.02 |
Title of Proceeding | ||
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12.03 |
Discovery of Class Members | ||
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12.04 |
Costs | ||
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12.05 |
Contents of Judgments and Orders | ||
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12.06 |
Leave to Appeal | ||
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12.07 |
Proceeding against Representative Defendant | ||
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12.08 |
Proceeding by Unincorporated Association or Trade Union | ||
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RULE 13INTERVENTION | |||
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13.01 |
Leave to Intervene as Added Party | ||
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13.02 |
Leave to Intervene as Friend of the Court | ||
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13.03 |
Leave to Intervene in Divisional Court or Court of Appeal | ||
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COMMENCEMENT OF PROCEEDINGS | |||
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RULE 13.1PLACE OF COMMENCEMENT AND HEARING OR TRIAL | |||
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13.1.01 |
Place of Commencement | ||
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13.1.02 |
Transfer | ||
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RULE 14ORIGINATING PROCESS | |||
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14.01 |
How Proceedings Commenced | ||
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14.02 |
Proceedings by Action as General Rule | ||
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14.03 |
Actions — By Statement of Claim or Notice of Action | ||
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14.03.1 |
Ordinary and Simplified Procedure | ||
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14.04 |
Divorce Actions — By Petition | ||
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14.05 |
Applications — By Notice of Application | ||
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14.06 |
Title of Proceeding | ||
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14.07 |
How Originating Process Issued | ||
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14.08 |
Time for Service in Actions | ||
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14.09 |
Striking out or Amending | ||
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14.10 |
Dismissal of Action where Defendant Pays Claim | ||
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RULE 15REPRESENTATION BY SOLICITOR | |||
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15.01 |
Where Solicitor is Required | ||
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15.02 |
Notice of Authority to Commence Proceeding | ||
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15.03 |
Change in Representation by Party | ||
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15.04 |
Motion by Solicitor for Removal as Solicitor of Record | ||
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15.05 |
Duty of Solicitor of Record | ||
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15.06 |
Where a Solicitor of Record has Ceased to Practise | ||
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15.07 |
Lawyer From Another Province | ||
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SERVICE | |||
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RULE 16SERVICE OF DOCUMENTS | |||
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16.01 |
General Rules for Manner of Service | ||
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16.02 |
Personal Service | ||
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16.03 |
Alternatives to Personal Service | ||
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16.04 |
Substituted Service or Dispensing with Service | ||
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16.05 |
Service on Solicitor of Record | ||
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16.06 |
Service by Mail | ||
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16.07 |
Where Document does not Reach Person Served | ||
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16.08 |
Validating Service | ||
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16.09 |
Proof of Service | ||
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RULE 17SERVICE OUTSIDE ONTARIO | |||
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17.01 |
Definition | ||
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17.02 |
Service outside Ontario without Leave | ||
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17.03 |
Service outside Ontario with Leave | ||
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17.04 |
Additional Requirements for Service outside Ontario | ||
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17.05 |
Manner of Service outside Ontario | ||
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17.06 |
Motion to Set Aside Service outside Ontario | ||
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RULE 18TIME FOR DELIVERY OF STATEMENT OF DEFENCE | |||
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18.01 |
Time for Delivery of Statement of Defence | ||
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18.02 |
Notice of Intent to Defend | ||
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DISPOSITION WITHOUT TRIAL | |||
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RULE 19DEFAULT PROCEEDINGS | |||
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19.01 |
Noting Default | ||
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19.02 |
Consequences of Noting Default | ||
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19.03 |
Setting Aside the Noting of Default | ||
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19.04 |
By Signing Default Judgment | ||
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19.05 |
By Motion for Judgment | ||
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19.06 |
Facts Must Entitle Plaintiff to Judgment | ||
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19.07 |
Effect of Default Judgment | ||
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19.08 |
Setting Aside Default Judgment | ||
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19.09 |
Application to Counterclaims, Crossclaims and Third Party Claims | ||
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RULE 20SUMMARY JUDGMENT | |||
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20.01 |
Where Available | ||
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20.02 |
Affidavits | ||
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20.03 |
Factums Required | ||
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20.03 |
Factums Required | ||
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20.04 |
Disposition of Motion | ||
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20.05 |
Where a Trial is Necessary | ||
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20.06 |
Costs Sanctions for Improper Use of Rule | ||
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20.07 |
Effect of Summary Judgment | ||
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20.08 |
Stay of Execution | ||
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20.09 |
Application to Counterclaims, Crossclaims and Third Party Claims | ||
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RULE 21DETERMINATION OF AN ISSUE BEFORE TRIAL | |||
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21.01 |
Where Available | ||
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21.02 |
Motion to be Made Promptly | ||
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21.03 |
Factums Required | ||
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21.03 |
Factums Required | ||
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RULE 22SPECIAL CASE | |||
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22.01 |
Where Available | ||
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22.02 |
Factums Required | ||
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22.02 |
Factums Required | ||
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22.03 |
Removal into Court of Appeal | ||
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22.04 |
Form of Special Case | ||
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22.05 |
Hearing of Special Case | ||
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RULE 23DISCONTINUANCE AND WITHDRAWAL | |||
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23.01 |
Discontinuance by Plaintiff | ||
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23.02 |
Effect of Discontinuance on Counterclaim | ||
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23.03 |
Effect of Discontinuance on Crossclaim or Third Party Claim | ||
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23.04 |
Effect of Discontinuance on Subsequent Action | ||
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23.05 |
Costs of Discontinuance | ||
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23.06 |
Withdrawal by Defendant | ||
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23.07 |
Application to Counterclaims, Crossclaims and Third Party Claims | ||
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RULE 24DISMISSAL OF ACTION FOR DELAY | |||
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24.01 |
Where Available | ||
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24.02 |
Notice Where Plaintiff under Disability | ||
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24.03 |
Effect of Dismissal on Counterclaim | ||
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24.04 |
Effect of Dismissal on Crossclaim or Third Party Claim | ||
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24.05 |
Effect on Subsequent Action | ||
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24.06 |
Application to Counterclaims, Crossclaims and Third Party Claims | ||
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RULE 24.1MANDATORY MEDIATION | |||
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24.1.01 |
Purpose | ||
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24.1.02 |
Nature of Mediation | ||
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24.1.03 |
Definitions | ||
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24.1.04 |
Application | ||
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24.1.05 |
Exemption from Mediation | ||
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24.1.06 |
Mediation Co-ordinator | ||
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24.1.07 |
Local Mediation Committees | ||
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24.1.08 |
Mediators | ||
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24.1.09 |
Mediation Session | ||
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24.1.10 |
Procedure before Mediation Session | ||
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24.1.11 |
Attendance at Mediation Session | ||
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24.1.12 |
Failure to Attend | ||
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24.1.13 |
Non-Compliance | ||
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24.1.14 |
Confidentiality | ||
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24.1.15 |
Outcome of Mediation | ||
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24.1.16 |
Consent Order for Additional Mediation Session | ||
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PLEADINGS | |||
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RULE 25PLEADINGS IN AN ACTION | |||
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25.01 |
Pleadings Required or Permitted | ||
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25.02 |
Form of Pleadings | ||
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25.03 |
Service of Pleadings | ||
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25.04 |
Time For Delivery of Pleadings | ||
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25.05 |
Close of Pleadings | ||
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25.06 |
Rules of Pleading — Applicable to All Pleadings | ||
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25.07 |
Rules of Pleading — Applicable to Defences | ||
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25.08 |
Where a Reply is Necessary | ||
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25.09 |
Rules of Pleading — Applicable to Replies | ||
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25.10 |
Particulars | ||
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25.11 |
Striking Out a Pleading or Other Document | ||
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RULE 26AMENDMENT OF PLEADINGS | |||
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26.01 |
General Power of Court | ||
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26.02 |
When Amendments May be Made | ||
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26.03 |
How Amendments Made | ||
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26.04 |
Service of Amended Pleading | ||
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26.05 |
Responding to an Amended Pleading | ||
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26.06 |
Amendment at Trial | ||
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RULE 27COUNTERCLAIM | |||
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27.01 |
Where Available | ||
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27.02 |
Statement of Defence and Counterclaim | ||
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27.03 |
Counterclaim to be Issued where Defendant to Counterclaim not already Party to Main Action | ||
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27.04 |
Time for Delivery or Service of Defence and Counterclaim | ||
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27.05 |
Time for Delivery of Defence to Counterclaim | ||
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27.06 |
Time for Delivery of Reply to Defence to Counterclaim | ||
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27.07 |
Amending Defence to Add Counterclaim | ||
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27.08 |
Trial of Counterclaim | ||
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27.09 |
Disposition of Counterclaim | ||
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27.10 |
Application to Counterclaims, Crossclaims and Third Party Claims | ||
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RULE 28CROSSCLAIM | |||
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28.01 |
Where Available | ||
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28.02 |
Statement of Defence and Crossclaim | ||
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28.03 |
Amending Defence to Add Crossclaim | ||
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28.04 |
Time for Delivery of Statement of Defence and Crossclaim | ||
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28.05 |
Time for Delivery of Defence to Crossclaim | ||
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28.06 |
Contents of Defence to Crossclaim | ||
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28.07 |
Effect of Default of Defence to Crossclaim | ||
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28.08 |
Time for Delivery of Reply to Defence to Crossclaim | ||
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28.09 |
Trial of Crossclaim | ||
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28.10 |
Prejudice or Delay to Plaintiff | ||
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28.11 |
Application to Counterclaims and Third Party Claims | ||
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RULE 29THIRD PARTY CLAIM | |||
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29.01 |
Where Available | ||
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29.02 |
Time for Third Party Claim | ||
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29.03 |
Third Party Defence | ||
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29.04 |
Reply to Third Party Defence | ||
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29.05 |
Defence of Main Action by Third Party | ||
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29.06 |
Effect of Third Party Defence | ||
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29.07 |
Effect of Default of Third Party | ||
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29.08 |
Trial of Third Party Claim | ||
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29.09 |
Prejudice or Delay to Plaintiff | ||
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29.10 |
Third Party Directions | ||
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29.11 |
Fourth and Subsequent Party Claims | ||
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29.12 |
Application to Fourth and Subsequent Party Claims | ||
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29.13 |
Application to Counterclaims and Crossclaims | ||
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DISCOVERY | |||
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RULE 30DISCOVERY OF DOCUMENTS | |||
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30.01 |
Interpretation | ||
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30.02 |
Scope of Documentary Discovery | ||
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30.03 |
Affidavit of Documents | ||
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30.04 |
Inspection of Documents | ||
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30.05 |
Disclosure or Production not Admission of Relevance | ||
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30.06 |
Where Affidavit Incomplete or Privilege Improperly Claimed | ||
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30.07 |
Documents or Errors Subsequently Discovered | ||
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30.08 |
Effect of Failure to Disclose or Produce for Inspection | ||
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30.09 |
Privileged Document Not to be Used Without Leave | ||
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30.10 |
Production from Non-Parties With Leave | ||
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30.11 |
Document Deposited for Safe Keeping | ||
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RULE 30.1DEEMED UNDERTAKING | |||
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30.1.01 |
Application | ||
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RULE 31EXAMINATION FOR DISCOVERY | |||
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31.01 |
Definition | ||
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31.02 |
Form of Examination | ||
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31.03 |
Who May Examine and be Examined | ||
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31.04 |
When Examination may be Initiated | ||
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31.05 |
Oral Examination by More Than One Party | ||
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31.06 |
Scope of Examination | ||
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31.07 |
Refusal or Failure to Answer | ||
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31.08 |
Effect of Counsel Answering | ||
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31.09 |
Information Subsequently Obtained | ||
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31.10 |
Discovery of Non-Parties with Leave | ||
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31.11 |
Use of Examination for Discovery at Trial | ||
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RULE 32INSPECTION OF PROPERTY | |||
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32.01 |
Order for Inspection | ||
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RULE 33MEDICAL EXAMINATION OF PARTIES | |||
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33.01 |
Motion for Medical Examination | ||
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33.02 |
Order for Examination | ||
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33.03 |
Dispute as to Scope of Examination | ||
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33.04 |
Provision of Information to Party Obtaining Order | ||
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33.05 |
Who May Attend on Examination | ||
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33.06 |
Medical Reports | ||
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33.07 |
Penalty for Failure to Comply | ||
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33.08 |
Examination by Consent | ||
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EXAMINATIONS OUT OF COURT | |||
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RULE 34PROCEDURE ON ORAL EXAMINATIONS | |||
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34.01 |
Application of the Rule | ||
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34.02 |
Before Whom to be Held | ||
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34.03 |
Place of Examination | ||
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34.04 |
How Attendance Required | ||
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34.05 |
Notice of Time and Place | ||
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34.06 |
Examinations on Consent | ||
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34.07 |
Where Person to be Examined Resides outside Ontario | ||
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34.08 |
Person to be Examined to be Sworn | ||
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34.09 |
Interpreter | ||
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34.10 |
Production of Documents on Examination | ||
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34.11 |
Re-Examination | ||
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34.12 |
Objections and Rulings | ||
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34.14 |
Improper Conduct of Examination | ||
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34.15 |
Sanctions for Default or Misconduct by Person to be Examined | ||
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34.16 |
Examination to be Recorded | ||
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34.17 |
Typewritten Transcript | ||
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34.18 |
Filing of Transcript | ||
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34.19 |
Videotaping or Other Recording of Examination | ||
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RULE 35PROCEDURE ON EXAMINATION FOR DISCOVERY BY WRITTEN QUESTIONS | |||
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35.01 |
Questions | ||
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35.02 |
Answers | ||
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35.03 |
Objections | ||
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35.04 |
Failure to Answer | ||
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35.05 |
Improper Conduct of Examination | ||
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35.06 |
Filing Questions and Answers | ||
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RULE 36TAKING EVIDENCE BEFORE TRIAL | |||
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36.01 |
Where Available | ||
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36.02 |
Procedure | ||
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36.03 |
Examinations outside Ontario | ||
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36.04 |
Use at Trial | ||
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MOTIONS AND APPLICATIONS | |||
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RULE 37MOTIONS — JURISDICTION AND PROCEDURE | |||
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37.01 |
Notice of Motion | ||
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37.02 |
Jurisdiction to Hear a Motion | ||
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37.03 |
Place of Hearing | ||
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37.03 |
Place of Hearing of Motions | ||
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37.04 |
Motions — To Whom to be Made | ||
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37.05 |
Hearing Date for Motions | ||
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37.06 |
Content of Notice | ||
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37.07 |
Service of Notice | ||
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37.08 |
Filing of Notice of Motion | ||
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37.09 |
Abandoned Motions | ||
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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 38APPLICATIONS — 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 | ||
|
RULE 39EVIDENCE 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 40INTERLOCUTORY INJUNCTION OR MANDATORY ORDER | |||
|
40.01 |
How Obtained | ||
|
40.02 |
Where Motion Made Without Notice | ||
|
40.03 |
Undertaking | ||
|
40.04 |
Factums Required | ||
|
40.04 |
Factums Required | ||
|
RULE 41APPOINTMENT 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 42CERTIFICATE OF PENDING LITIGATION | |||
|
42.01 |
Issuing of Certificate | ||
|
42.02 |
Discharge of Certificate | ||
|
RULE 43INTERPLEADER | |||
|
43.01 |
Definition | ||
|
43.02 |
Where Available | ||
|
43.03 |
How Obtained | ||
|
43.04 |
Disposition of Application or Motion | ||
|
43.05 |
Sheriff’s Interpleader | ||
|
RULE 44INTERIM 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 45INTERIM 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 46place of trial | |||
|
46.01 |
To Be Named in Statement of Claim | ||
|
46.02 |
Where Trial to be Held | ||
|
46.03 |
Order Changing Place of Trial | ||
|
Rule 46Place of trial | |||
|
46.01 |
County Where Proceeding Commenced or Transferred | ||
|
RULE 47JURY NOTICE | |||
|
47.01 |
Actions to be Tried With a Jury | ||
|
47.02 |
Striking Out Jury Notice | ||
|
RULE 48LISTING 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 |
Action Not on Trial List Within Two Years | ||
|
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 | ||
|
RULE 50PRE-TRIAL CONFERENCE | |||
|
50.01 |
Where Available | ||
|
50.02 |
Memorandum or Order | ||
|
50.03 |
No Disclosure to the Court | ||
|
50.04 |
Pre-Trial Judge Cannot Preside at Hearing | ||
|
50.05 |
Documents to be Made Available | ||
|
50.06 |
Costs of Pre-Trial Conference | ||
|
50.07 |
Conference before Trial Judge | ||
|
RULE 51ADMISSIONS | |||
|
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 52TRIAL 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 53EVIDENCE 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 54DIRECTING 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 55PROCEDURE 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 56SECURITY 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 57COSTS 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 Solicitor for Costs | ||
|
RULE 58ASSESSMENT 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 | ||
|
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 | ||
|
RULE 60ENFORCEMENT 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 |
Warrant Issued by Minister of Finance | ||
|
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 | ||
|
APPEALS | |||
|
RULE 61APPEALS 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 |
Repondent’s Factum and Compendium | ||
|
61.13 |
Dismissal for Delay | ||
|
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 62APPEALS FROM INTERLOCUTORY ORDERS AND OTHER APPEALS TO A JUDGE | |||
|
62.01 |
Procedure on Appeal | ||
|
62.02 |
Motion for Leave to Appeal | ||
|
RULE 63STAY 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 64MORTGAGE 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 65PROCEEDINGS FOR ADMINISTRATION | |||
|
65.01 |
Where Available | ||
|
65.02 |
Where a Reference is Directed | ||
|
RULE 66PARTITION PROCEEDINGS | |||
|
66.01 |
Where Available | ||
|
66.02 |
Form of Judgment | ||
|
66.03 |
Proceeds of Sale | ||
|
RULE 67PROCEEDINGS CONCERNING THE ESTATES OF MINORS | |||
|
67.01 |
How Commenced | ||
|
67.02 |
Affidavit in Support | ||
|
67.03 |
Where Consent Required | ||
|
RULE 68PROCEEDINGS 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 | ||
|
RULE 69DIVORCE ACTIONS | |||
|
69.01 |
Application of Rules of Civil Procedure | ||
|
69.02 |
Definitions | ||
|
69.03 |
Petition | ||
|
69.04 |
Service of Petition | ||
|
69.05 |
Time for Service of Petition | ||
|
69.05.1 |
Mandatory Information Program | ||
|
69.06 |
Pleadings | ||
|
69.07 |
Answer | ||
|
69.08 |
Reply | ||
|
69.09 |
Counterpetition | ||
|
69.10 |
Time for Delivery or Service of Answer and Counterpetition | ||
|
69.11 |
Amending Answer to Add Counterpetition | ||
|
69.12 |
Answer to Counterpetition | ||
|
69.13 |
Reply to Answer to Counterpetition | ||
|
69.14 |
Financial Statements | ||
|
69.15 |
Interim Relief | ||
|
69.16 |
Children’s Lawyer’s Report | ||
|
69.17 |
Naming Place of Trial and Trial Judge | ||
|
69.17 |
Place of Commencement and Other Steps | ||
|
69.18 |
Marriage Certificate and Certificate Respecting Prior Pending Proceedings | ||
|
69.19 |
Motion for Judgment | ||
|
69.20 |
Adjournment of Trial | ||
|
69.22 |
Certificate of Divorce | ||
|
69.23 |
Registrar to Notify Local Registrar of Appeal | ||
|
69.24 |
Variation of Final Order for Corollary Relief | ||
|
69.24.1 |
Motion to Vary Child Support Order | ||
|
69.25 |
Registration of Orders for Corollary Relief from other Provinces | ||
|
69.26 |
Costs | ||
|
69.27 |
Support Order Enforcement | ||
|
RULE 70FAMILY LAW PROCEEDINGS | |||
|
70.01 |
Application of the Rule | ||
|
70.02 |
Definitions | ||
|
70.03 |
Originating Process | ||
|
70.03.1 |
Mandatory Information Program | ||
|
70.04 |
Financial Statements | ||
|
70.05 |
Place of Hearing | ||
|
70.05 |
Place of Commencement and Other Steps | ||
|
70.06 |
Children’s Lawyer’s Report | ||
|
70.08 |
Interim Relief | ||
|
70.08.1 |
Variation Application | ||
|
70.08.2 |
Motion to Vary Child Support Order | ||
|
70.09 |
Proceeding Transferred from Ontario Court of Justice | ||
|
70.10.1 |
Support Order Enforcement | ||
|
70.11 |
Warrant for Arrest | ||
|
70.12 |
Recognizance | ||
|
70.14 |
Request by Extra-Provincial Tribunal for Evidence in Custody Cases | ||
|
RULE 72PAYMENT 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 73RECIPROCAL ENFORCEMENT OF UNITED KINGDOM JUDGMENTS | |||
|
73.01 |
Definitions | ||
|
73.02 |
Application for Registration of Judgment | ||
|
73.03 |
Enforcement of Judgment | ||
|
RULE 74ESTATES — 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 | ||
|
74.15 |
Orders for Assistance | ||
|
74.16 |
Passing of Estate Accounts | ||
|
74.17 |
Form of Accounts | ||
|
74.18 |
Application to Pass Accounts | ||
|
RULE 75ESTATES — 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 |
Solicitor of Record | ||
|
RULE 75.1MANDATORY MEDIATION — ESTATES, TRUSTS AND SUBSTITUTE DECISIONS | |||
|
75.1.01 |
Purpose | ||
|
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 | ||
|
75.1.14 |
Revocation | ||
|
RULE 76SIMPLIFIED PROCEDURE | |||
|
76.01 |
Application of Rule | ||
|
76.02 |
Availability of Simplified Procedure | ||
|
76.03 |
Affidavit of Documents | ||
|
76.04 |
No Discovery, Cross-Examination on an Affidavit or Examination of a Witness | ||
|
76.05 |
Motions | ||
|
76.06 |
Dismissal by Registrar | ||
|
76.07 |
Summary Judgment | ||
|
76.08 |
Settlement Discussion and Documentary Disclosure | ||
|
76.09 |
How Defended Action is Set Down for Trial or Summary Trial | ||
|
76.10 |
Pre-Trial Conference | ||
|
76.11 |
Placing Defended Action on Trial List | ||
|
76.12 |
Summary Trial | ||
|
76.13 |
Costs Consequences | ||
|
RULE 77CIVIL CASE MANAGEMENT | |||
|
77.01 |
Application and Interpretation | ||
|
77.02 |
Purpose | ||
|
77.03 |
Definitions | ||
|
77.04 |
Case Management Master | ||
|
77.05 |
Other Matters | ||
|
77.06 |
Commencement of Proceeding | ||
|
77.07 |
Change of Track | ||
|
77.08 |
Dismissal by Registrar | ||
|
77.09 |
Defence of Proceeding | ||
|
77.09.1 |
Assignment of Particular Judge | ||
|
77.10 |
Timetables and Compliance with Time Requirements | ||
|
77.11 |
Case Management Powers | ||
|
77.12 |
Motions | ||
|
77.13 |
Case Conference | ||
|
77.14 |
Settlement Conferences | ||
|
77.15 |
Trial Management Conference | ||
|
77.16 |
Case Management Advisory Committee | ||
|
77.17 |
Transition | ||