RULE 41: CASE MANAGEMENT IN THE SUPERIOR COURT OF JUSTICE (OTHER THAN THE FAMILY COURT OF THE SUPERIOR COURT OF JUSTICE)

CASE MANAGEMENT

41.  (1)  This rule applies only to cases in the Superior Court of Justice, other than cases in the Family Court of the Superior Court of Justice, started on or after July 1, 2004.  O. Reg. 89/04, s. 16.    

EXCLUDED CASES

(2)  This rule does not apply to,

(a)   enforcements; or

(b)   cases under rule 37 or 37.1.  O. Reg. 89/04, s. 16.

PARTIES MAY NOT LENGTHEN TIMES

(3)  A time set out in this rule may be lengthened only by order of the court and not by the parties’ consent under subrule 3 (6).  O. Reg. 89/04, s. 16.

CLERK’S ROLE

(4)  The clerk shall not set a court date when the application is filed, and the case shall come before the court when a case conference or a motion is scheduled, whichever comes first, and the clerk shall schedule a case conference on any party’s request.  O. Reg. 89/04, s. 16.  

NOTICE, CASE NOT SCHEDULED FOR TRIAL AFTER 200 DAYS

(5)  If a case has not been scheduled for trial within 200 days after it was started, the clerk shall serve a notice (Form 39) on the parties by mail, fax or electronic mail saying that the case will be dismissed without further notice unless one of the parties, within 30 days after the notice is served,

(a)   files an agreement signed by all the parties and their lawyers, if any, for a final order disposing of all issues in the case, and a notice of motion for an order carrying out the agreement; or

(b)   arranges a case conference or settlement conference for the first available date.  O. Reg. 89/04, s. 16.

DISMISSAL AFTER NOTICE 

(6)  If the clerk serves a notice under subrule (5) and no party takes any of the steps set out in clauses (5) (a) and (b) within 30 days after the notice is served, the clerk shall prepare and sign an order dismissing the case, with no costs payable by any party.  O. Reg. 89/04, s. 16.

SERVICE OF DISMISSAL ORDER

(7)  The clerk shall serve the order on each party by mail, fax or electronic mail.  O. Reg. 89/04, s. 16.

SERVICE OF DISMISSAL ORDER BY LAWYER ON CLIENT

(8)  A lawyer who is served with a dismissal order on behalf of a client shall serve it on the client by mail, fax or electronic mail and file proof of service of the order.  O. Reg. 89/04, s. 16.

See:  O. Reg. 89/04, ss. 16, 18.

42.   Omitted (revokes other Regulations).  O. Reg. 114/99, s. 42.

43.   Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 114/99, s. 43.