RULE 14 ORIGINATING PROCESS
HOW PROCEEDINGS COMMENCED
By Issuing Originating Process
14.01 (1) All civil proceedings shall be commenced by the issuing of an originating process by the registrar of the court in which the proceeding is to be commenced, except where a statute provides otherwise and as provided in subrules (2) and (2.1). R.R.O. 1990, Reg. 194, r. 14.01 (1); O. Reg. 484/94, s. 4 (1).
Note: On July 1, 2004, subrule (1) is revoked and the following substituted:
By Issuing Originating Process
(1) A proceeding shall be commenced by the issuing of an originating process. O. Reg. 14/04, s. 11.
See: O. Reg. 14/04, ss. 11, 43 (2).
Exceptions
(2) A counterclaim or counterpetition that is only against persons who are already parties to the main action, and a crossclaim, shall be commenced by the delivery of the pleading containing the counterclaim, counterpetition or crossclaim, and the pleading need not be issued. R.R.O. 1990, Reg. 194, s. 14.01 (2).
Note: On July 1, 2004, subrule (2) is revoked and the following substituted:
Exceptions
(2) A counterclaim that is only against persons who are already parties to the main action, and a crossclaim, shall be commenced by the delivery of the pleading containing the counterclaim or crossclaim, and the pleading need not be issued. O. Reg. 131/04, s. 4.
See: O. Reg. 131/04, ss. 4, 29.
(2.1) An application for a certificate of appointment of estate trustee under Rule 74 need not be issued. O. Reg. 484/94, s. 4 (2).
Where Leave Required
(3) Where leave to commence a proceeding is required, it shall be obtained by motion. R.R.O. 1990, Reg. 194, r. 14.01 (3).
(4) A party may rely on a fact that occurs after the commencement of a proceeding, even though the fact gives rise to a new claim or defence, and, if necessary, may move to amend an originating process or pleading to allege the fact. R.R.O. 1990, Reg. 194, r. 14.01 (4).
14.01.1 R evoked: O. Reg. 457/01, s. 2.
PROCEEDINGS BY ACTION AS GENERAL RULE
14.02 Every proceeding in the court shall be by action, except where a statute or these rules provide otherwise. R.R.O. 1990, Reg. 194, r. 14.02.
ACTIONs — BY STATEMENT OF CLAIM OR NOTICE OF ACTION
Statement of Claim
14.03 (1) The originating process for the commencement of an action is a statement of claim (Form 14A (general) or 14B (mortgage actions)), except as provided by,
(a) subrule (2) (notice of action);
(b) rule 14.04 (divorce petition);
Note: On July 1, 2004, clause (b) is revoked. See: O. Reg. 131/04, ss. 5 (1), 29.
(c) rule 27.03 (counterclaim against person not already a party);
(d) subrule 29.02 (1) (third party claim); and
(e) rule 29.11 (fourth and subsequent party claims). R.R.O. 1990, Reg. 194, r. 14.03 (1).
Notice of Action
(2) Where there is insufficient time to prepare a statement of claim, an action other than a divorce action may be commenced by the issuing of a notice of action (Form 14C) that contains a short statement of the nature of the claim. R.R.O. 1990, Reg. 194, r. 14.03 (2).
Note: On July 1, 2004, subrule (2) is amended by striking out “other than a divorce action”. See: O. Reg. 131/04, ss. 5 (2), 29.
(3) Where a notice of action is used, the plaintiff shall file a statement of claim (Form 14D) within thirty days after the notice of action is issued, and no statement of claim shall be filed thereafter except with the written consent of the defendant or with leave of the court obtained on notice to the defendant. R.R.O. 1990, Reg. 194, r. 14.03 (3).
(4) The notice of action shall not be served separately from the statement of claim. R.R.O. 1990, Reg. 194, r. 14.03 (4).
Information for Court Use
(4.1) Form 14F (Information for court use) shall be filed together with Form 14A, 14B or 14C, as the case may be. O. Reg. 206/02, s. 2; O. Reg. 263/03, s. 2.
Statement of Claim may Alter or Extend Claim
(5) In an action commenced by the issuing of a notice of action, the statement of claim may alter or extend the claim stated in the notice of action. R.R.O. 1990, Reg. 194, r. 14.03 (5).
ORDINARY AND SIMPLIFIED PROCEDURE
14.03.1 The simplified procedure set out in Rule 76 shall be used in actions to which subrule 76.02 (1) applies, and may be used in other actions in accordance with subrule 76.02 (3); otherwise, the ordinary procedure set out in these Rules shall be used in all proceedings. O. Reg. 652/00, s. 1. O. Reg. 284/01, s. 4.
Note: On January 1, 2005, Rule 14.03.1 is amended by striking out “actions to which subrule 76.02 (1) applies” and substituting “actions to which subrule 76.02 (1), (2) or (2.1) applies”. See: O. Reg. 132/04, ss. 3, 25 (1).
DIVORCE ACTIONS — BY PETITION
14.04 The originating process for the commencement of a divorce action is a petition for divorce (Form 69A or 69B), except as provided by subrule 69.09 (6) (counterpetition against person not already a party (Form 69G)). R.R.O. 1990, Reg. 194, r. 14.04.
Note: On July 1, 2004, rule 14.04 is revoked. See: O. Reg. 131/04, ss. 6, 29.
APPLICATIONS — BY NOTICE OF APPLICATION
Notice of Application
14.05 (1) The originating process for the commencement of an application is a notice of application (Form 14E, 68A or 73A) or an application for a certificate of appointment of an estate trustee (Form 74.4, 74.5, 74.14, 74.15, 74.21, 74.24, 74.27 or 74.30). R.R.O. 1990, Reg. 194, r. 14.05 (1); O. Reg. 484/94, s. 5.
Application under Statute
(2) A proceeding may be commenced by an application to the Superior Court of Justice or to a judge of that court, if a statute so authorizes. R.R.O. 1990, Reg. 194, r. 14.05 (2); O. Reg. 292/99, s. 1 (2).
Application under Rules
(3) A proceeding may be brought by application where these rules authorize the commencement of a proceeding by application or where the relief claimed is,
(a) the opinion, advice or direction of the court on a question affecting the rights of a person in respect of the administration of the estate of a deceased person or the execution of a trust;
(b) an order directing executors, administrators or trustees to do or abstain from doing any particular act in respect of an estate or trust for which they are responsible;
(c) the removal or replacement of one or more executors, administrators or trustees, or the fixing of their compensation;
(d) the determination of rights that depend on the interpretation of a deed, will, contract or other instrument, or on the interpretation of a statute, order in council, regulation or municipal by-law or resolution;
(e) the declaration of an interest in or charge on land, including the nature and extent of the interest or charge or the boundaries of the land, or the settling of the priority of interests or charges;
(f) the approval of an arrangement or compromise or the approval of a purchase, sale, mortgage, lease or variation of trust;
(g) an injunction, mandatory order or declaration or the appointment of a receiver or other consequential relief when ancillary to relief claimed in a proceeding properly commenced by a notice of application;
(g.1) for a remedy under the Canadian Charter of Rights and Freedoms; or
(h) in respect of any matter where it is unlikely that there will be any material facts in dispute. R.R.O. 1990, Reg. 194, r. 14.05 (3); O. Reg. 396/91, s. 3.
TITLE OF PROCEEDING
14.06 (1) Every originating process shall contain a title of the proceeding setting out the names of all the parties and the capacity in which they are made parties, if other than their personal capacity. R.R.O. 1990, Reg. 194, r. 14.06 (1).
(2) In an action other than a divorce action, the title of the proceeding shall name the party commencing the action as the plaintiff and the opposite party as the defendant. R.R.O. 1990, Reg. 194, r. 14.06 (2).
Note: On July 1, 2004, subrule (2) is amended by striking out “other than a divorce action”. See: O. Reg. 131/04, ss. 7, 29.
(3) In an application, the title of the proceeding shall name the party commencing the application as the applicant and the opposite party, if any, as the respondent and the notice of application shall state the statutory provision or rule, if any, under which the application is made. R.R.O. 1990, Reg. 194, r. 14.06 (3).
Exception
(4) Subrules (1), (2) and (3) do not apply to proceedings under Rules 74 and 75. O. Reg. 484/94, s. 6.
HOW ORIGINATING PROCESS ISSUED
14.07 (1) An originating process is issued by the registrar’s act of dating, signing and sealing it with the seal of the court and assigning to it a court file number. R.R.O. 1990, Reg. 194, r. 14.07 (1).
(2) A copy of the originating process shall be filed in the court file when it is issued. R.R.O. 1990, Reg. 194, r. 14.07 (2).
(3) Revoked: O. Reg. 14/04, s. 12.
TIME FOR SERVICE IN ACTIONS
14.08 (1) Where an action is commenced by a statement of claim, the statement of claim shall be served within six months after it is issued. R.R.O. 1990, Reg. 194, r. 14.08 (1).
(2) Where an action is commenced by a notice of action, the notice of action and the statement of claim shall be served together within six months after the notice of action is issued. R.R.O. 1990, Reg. 194, r. 14.08 (2).
Dismissal by Registrar
(3) Subrules (1) and (2) are subject to rules 76.06 and 77.08, which provide that in certain circumstances the registrar shall make an order dismissing the action as abandoned. O. Reg. 284/01, s. 5.
STRIKING OUT OR AMENDING
14.09 An originating process that is not a pleading may be struck out or amended in the same manner as a pleading. R.R.O. 1990, Reg. 194, r. 14.09.
DISMISSAL OF ACTION WHERE DEFENDANT PAYS CLAIM
14.10 (1) Where the plaintiff’s claim is for money only, a defendant, on paying within the time prescribed for delivery of a defence or at any time before being noted in default, the amount of the plaintiff’s claim and the amount claimed for costs, may on motion have the court dismiss the action. R.R.O. 1990, Reg. 194, r. 14.10 (1).
(2) A defendant who considers the amount claimed for costs to be excessive may pay, within the time prescribed for delivery of a defence or at any time before being noted in default, the amount of the plaintiff’s claim and the sum of $400 for costs, and the court on motion may dismiss the action and may fix and order payment of the plaintiff’s costs or may order payment of the plaintiff’s costs as assessed under Rule 58. R.R.O. 1990, Reg. 194, r. 14.10 (2); O. Reg. 653/00, s. 2.
RULE 15 REPRESENTATION BY SOLICITOR
WHERE SOLICITOR IS REQUIRED