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.