RULES OF CIVIL PROCEDURE, R.R.O. 1990, Reg. 194

GENERAL MATTERS

Rule

1

Citation, Application and Interpretation

2

Non-Compliance with the Rules

3

Time

4

Court Documents

PARTIES AND JOINDER

5

Joinder of Claims and Parties

6

Consolidation or Hearing Together

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

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

Pre-Trial Conference

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

76

Simplified Procedure

77

Civil Case Management

78

Toronto Civil Case Management Pilot Project

TABLE OF FORMS

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 Pilot Project — 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 3  TIME

3.01

Computation

3.02

Extension or Abridgment

3.03

When Proceedings May be Heard

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

Electronic Documents

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

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 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

15.02

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

16.07

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

Affidavits

20.03

Factums Required

20.04

Disposition of Motion

20.05

Where a 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

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

Notice Where Plaintiff under Disability

24.03

Effect of Dismissal on Counterclaim

24.04

Effect of Dismissal on Crossclaim or Third Party Claim

24.05

Effect on Subsequent Action

24.06

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

24.1.09.1

Special Provisions for Actions Governed by Rule 78

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

DISCOVERY

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

31.06

Scope of Examination

31.07

Failure to Answer on Discovery

31.08

Effect of Counsel 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

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

Action Not on Trial List Within Two Years

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  PRE-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 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

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

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 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

61.13.1

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 TO A JUDGE

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

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

74.15

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 76  SIMPLIFIED 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 77  CIVIL 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

RULE 78  TORONTO CIVIL