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Superior Court of Justice Civil

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This publication guides practitioners through the conduct of civil proceedings in the Ontario Superior Court of Justice.

2 Matter Plans

Overview

The commentaries cover key topics including the pre-action protocol and practice direction, settlement, initiating and responding to proceedings, default and summary judgment, case management, disclosure, and trial.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Precedents in this publication include:

  • Letters to clients explaining the process;
  • Retainer agreements, including contingency fee;
  • Library of notice and demand letters;
  • Library of events for claim;
  • Settlement agreements;
  • Notice of motion and affidavit in support of default judgment;
  • Example factum, file brief, and trial record.
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2 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Superior Court of Justice Civil - Acting for the Plaintiff (ON)
  • Folder icon Reference materials
    • Item icon AI Prompts
    • Item icon Electronic Signing and Remote Witnessing
    • Item icon Further information
  • Item icon Overview
    This commentary focuses on the process for plaintiffs in the Ontario Superior Court of Justice. The court can hear all civil proceedings in Ontario, including claims relating to debts, claims for damages, and commercial and bankruptcy proceedings. The R.R.O. 1990, Reg. 194: Rules of Civil Procedure ...

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Civil litigation
    • Item icon To do list - Superior Court of Justice Civil - Acting for the Plaintiff
    • Item icon First steps
    • Item icon Prelude to litigation
      As litigation has limitation periods, work on preliminary matters should commence as soon as possible. This includes:

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    • Item icon Client details, verification, and source of funds
    • Item icon Retainer instructions - Civil matters
    • Item icon Retainer instructions - Debt collection
    • Item icon Conflict of interest check
    • Item icon Initial letter to client enclosing retainer agreement
    • Item icon Retainer agreement - Ontario
    • Item icon Retainer agreement - Contingency fee - Ontario
    • Item icon Letter to client re non-engagement
    • Item icon Time and costs estimates
    • Folder icon If required - Costs disclosure update and a non-engagement letter
      • Item icon Letter to client updating costs disclosure
      • Item icon Non-engagement letter
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Confidentiality deed
        • Item icon Deed for general use
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment clause
          • Item icon Confidentiality clause for defined information - All parties
          • Item icon Confidentiality clause for defined information - One party
          • Item icon Confidentiality clause for terms of agreement - All parties
          • Item icon Confidentiality clause for terms of agreement - One party
          • Item icon Costs clause
          • Item icon Counterparts clause
          • Item icon Dispute resolution clause
          • Item icon Events beyond control clause
          • Item icon Governing law and jurisdiction clause
          • Item icon Interpretation clause
          • Item icon No assignment clause
          • Item icon Notices clause
          • Item icon Severance clause
          • Item icon Waiver clause
          • Item icon Whole agreement clause
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment clause
          • Item icon Confidentiality clause for defined information - All parties
          • Item icon Confidentiality clause for defined information - One party
          • Item icon Confidentiality clause for terms of agreement - All parties
          • Item icon Confidentiality clause for terms of agreement - One party
          • Item icon Costs clause
          • Item icon Counterparts clause
          • Item icon Dispute resolution clause
          • Item icon Events beyond control clause
          • Item icon Governing law and jurisdiction clause
          • Item icon Interpretation clause
          • Item icon No assignment clause
          • Item icon Notices clause
          • Item icon Severance clause
          • Item icon Waiver clause
          • Item icon Whole agreement clause
      • Folder icon Execution clauses
        • Item icon Execution clauses - Agreements and contracts
        • Item icon Execution clauses - Deeds
      • Folder icon Statutory declaration
        • Item icon Statutory declaration
      • Item icon Standard annexure note for documents
  • Folder icon B. Settling it early
    • Item icon Notice and demand letters
      One of the first steps is to write to the other party setting out the nature of the client’s claim with sufficient particulars, for example, the date of loss or amount of debt that is being pursued and a description of the incident, so that they can respond. The notice or demand letter is important ...

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    • Item icon Letter to other side to cease and desist
    • Item icon Letter of demand to other side - Debt collection
    • Item icon Letter of notice to other side - Accident
    • Item icon Letter of notice to other side - Slip and fall
    • Item icon Letter to other side's insurer with notice of claim
    • Folder icon Offers and resolution
      • Item icon Offers and resolution
        Litigation can be expensive for everyone involved. Early settlement may be appropriate depending on the facts, the litigation risk, and the client. Settlement may involve a concession by the client, who will avoid litigation costs but will not recover as though it were their best day in court. ...

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      • Item icon Offer to Settle
      • Item icon Clause - Offer to settle
      • Item icon Letter to other side's lawyer with Calderbank offer
      • Item icon Giving effect to settlement
        If a matter is resolved, the parties need to decide how to effect settlement and the steps that need to be taken to end the matter, for example, discontinuing proceedings.

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      • Item icon Acceptance of Offer
      • Item icon Letter to other side's lawyer accepting offer
      • Item icon Full and final release
      • Item icon Authority to settle
      • Item icon Letter to other side's lawyer enclosing settlement release
      • Folder icon If required - Notice of discontinuance
        • Item icon Dismissal or discontinuance
          If the action is commenced, but no statement of defence is filed, the plaintiff may discontinue the claim by filing a notice of discontinuance with the court. If the action is commenced and a defence is filed, it may be necessary to file consent orders to have the action dismissed on settlement.

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        • Item icon Notice of Discontinuance
        • Item icon Letter to other side's lawyer enclosing notice of discontinuance
        • Item icon Affidavit of Service
  • Folder icon C. Going to court
    • Item icon Going to court
      Before commencing the action, the client should be aware of the following:

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    • Item icon Practice Directions, Presumptive Guidelines, Notices, Rules and Forms – Ontario Courts
    • Item icon Commencing by way of application
      Depending on the dispute, the action may be commenced by notice of application under r 14.05 of the Rules of Civil Procedure. Under r 14.05(3), applications are appropriate where the relief claimed involves:

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    • Item icon Notice of Application
    • Item icon Commencing by way of statement of claim
      A claim can be commenced by statement of claim. The statement of claim must state the material facts relating to the action, not the evidence.

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    • Item icon Notice of Action
    • Item icon Statement of Claim (Action Commenced by Notice of Action)
    • Item icon Statement of Claim (General)
    • Item icon Statement of Claim (Mortgage Action – Foreclosure)
    • Item icon Information for Court Use
    • Folder icon Library of events for claim
      • Item icon Clause - Claim pleading against company and guarantor
      • Item icon Clause - Claim pleading debt recovery lawyer's costs
      • Item icon Clause - Claim pleading for goods sold and delivered
      • Item icon Clause - Claim pleading for motor vehicle accident - Damage to property
      • Item icon Clause - Claim pleading for personal injury - Motor vehicle accident
      • Item icon Clause - Claim pleading for personal injury - Other than motor vehicle accident
      • Item icon Clause - Claim pleading money lent
    • Item icon Filing the action
      The claim should be issued in the city or jurisdiction connected to the dispute or the parties involved in the dispute. For example, in a claim arising out of a motor vehicle accident that occurred in Newmarket and where all parties reside in Newmarket, the claim should be issued in Newmarket. ...

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    • Folder icon Service
      • Item icon Service
        Service is governed by r 16 of the Rules of Civil Procedure. Once the sealed copy of the claim is received from the registrar and within 6 months from the date of issuance, the claim must be personally served on each defendant.

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      • Item icon Service outside Ontario
        Service outside Ontario is governed by r 17 of the Rules of Civil Procedure.

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      • Item icon Letter of instruction to process server
      • Item icon Affidavit of Service
      • Folder icon If required - Motion for substituted service or extension of time to serve
        • Item icon Alternatives to personal service or defects with service
          Sometimes it is impossible to serve a defendant within the prescribed time, properly or at all. In these cases, the plaintiff may bring a motion for substituted service, a motion to dispense with service, or a motion to validate service under r 16 of the Rules of Civil Procedure.

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        • Item icon Simplified Procedure Motion Form
        • Item icon Notice of Motion
        • Item icon Clause - Motion for substituted service and extension
        • Item icon Affidavit
        • Item icon Clause - Affidavit in support of motion for substituted service and extension
        • Item icon Exhibit stamp
        • Item icon Order
        • Item icon Clause - Order for substituted service and extension
        • Item icon General Heading of Documents - Applications
        • Item icon Clause - Motion record and index
        • Item icon Letter to other side's lawyer enclosing notice of motion or motion record
        • Item icon Confirmation of Motion
    • Item icon Letter to other side's insurer enclosing statement of claim
    • Item icon Rule 76 simplified procedure – General rules
      Rule 76 of the Rules of Civil Procedure sets out the simplified procedure. The purpose of the simplified procedure is to reduce legal costs and time involved in litigation and facilitate access to justice. This is achieved by the following means:

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    • Item icon Factums
      The Rules of Civil Procedure outline specific requirements for a factum. Under r 4.06.1(1) a factum must contain a concise argument stating the facts and the law that the party filing the factum is relying on.

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    • Item icon Case Center
      Case Center is a cloud-based document-sharing platform for in-person and virtual court appearances. All parties, judicial officials, and court staff have access to documents uploaded to the platform. Case Center allows the parties, judge, and court staff to:

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    • Item icon Participant Information Form
    • Item icon Responses to the proceeding
      If the action is commenced by application, the responding party must immediately serve a notice of appearance. If the action is commenced by statement of claim, the defendant must respond within a timeline, depending on where the defendant was served.

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    • Folder icon If required - Reply
      • Item icon Reply
        A reply is filed by the plaintiff in response to the statement of defence. A reply is not always appropriate and need not be filed. A reply must be served and filed with the court within 10 days from the date that the statement of defence was served. The reply must indicate the title of ...

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      • Item icon Reply
    • Folder icon If required - Counterclaims
      • Item icon Counterclaims
        A defendant with a claim against the plaintiff may bring a counterclaim against the plaintiff. The counterclaim may be included in the defendant’s statement of defence, called a statement of defence and counterclaim. The statement of defence and counterclaim must be served within the same periods ...

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      • Item icon Defence to Counterclaim
      • Item icon Letter to other side's lawyer serving defence to counterclaim, defence to crossclaim, or third party defence
    • Folder icon If required - Crossclaims
      • Item icon Crossclaims
        The defendant may include a crossclaim against other defendants named in the proceeding. The crossclaim may be included in the defendant’s statement of defence, called a statement of defence and crossclaim. The statement of defence and crossclaim must be served within the periods prescribed for ...

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      • Item icon Defence to Crossclaim
      • Item icon Letter to other side's lawyer serving defence to counterclaim, defence to crossclaim, or third party defence
    • Folder icon If required - Third party claims
      • Item icon Third party claims
        A defendant may have grounds for a third party claim against a person who is not already party to the main action where that person:

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      • Item icon Third Party Claim
      • Item icon Letter to other side's lawyer enclosing counterclaim, crossclaim, or third party claim
      • Item icon Third Party Defence
      • Item icon Letter to other side's lawyer serving defence to counterclaim, defence to crossclaim, or third party defence
      • Item icon Reply to Third Party Defence
    • Folder icon If required - Notice of appointment of lawyer
      • Item icon Notice of Appointment of Lawyer
    • Folder icon If required - Notice of change of lawyer
      • Item icon Notice of Change of Lawyer
    • Folder icon If required - Writ of possession
      • Item icon Writ of Possession
  • Folder icon D. Default judgment
    • Item icon Default judgment
      Rule 19 of the Rules of Civil Procedure governs default proceedings. If the claim is validly served and no defence is entered within the prescribed time for service of the defence, the plaintiff can apply to note the defendant in default. Once a defendant is noted in default, the plaintiff can ...

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    • Item icon Letter to other side warning of noting in default
    • Item icon Requisition
    • Item icon Letter to other side confirming noted in default
    • Item icon Letter to client re defendant is noted in default
    • Item icon Consequences of noting in default
      A defendant who is noted in default is deemed to admit the allegations of fact in the plaintiff’s claim and cannot take any step in the action except a motion to set aside the noting of default or any judgment obtained because of default, except with leave of the court or consent from the ...

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    • Item icon Pursuing default judgment
      Once the defendant is noted in default, the plaintiff can pursue default judgment or set the matter down for an uncontested trial. Default judgment can be pursued in different ways, some more complicated than others depending on the issue in dispute. For example, the procedure for obtaining default ...

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    • Item icon Requisition for Default Judgment
    • Item icon Notice of Motion
    • Item icon Clause - Notice of motion for default judgment
    • Item icon Clause - Motion record and index
    • Item icon Affidavit
    • Item icon Clause - Affidavit in support of default judgment
    • Item icon Exhibit stamp
    • Item icon Letter to other side's lawyer enclosing notice of motion or motion record
    • Item icon General Heading of Documents - Applications
    • Item icon Factum
    • Item icon Confirmation of Motion
    • Folder icon Library of orders
      • Item icon Default Judgment (Debt or Liquidated Demand)
      • Item icon Default Judgment (Recovery of Possession of Land)
      • Item icon Default Judgment (Recovery of Possession of Personal Property)
      • Item icon Default Judgment for Foreclosure with a Reference
      • Item icon Default Judgment for Foreclosure without a Reference
      • Item icon Default Judgment for Immediate Foreclosure
      • Item icon Default Judgment for Immediate Sale
      • Item icon Default Judgment for Immediate Sale (Action Converted from Foreclosure to Sale)
      • Item icon Default Judgment for Redemption
      • Item icon Default Judgment for Sale Conditional on Proof of Claim (Action Converted from Foreclosure to Sale)
      • Item icon Default Judgment for Sale with a Redemption Period
      • Item icon Default Judgment for Sale with a Redemption Period (Action Converted from Foreclosure to Sale)
  • Folder icon E. Motions
    • Item icon Motions
      Motions are mini contests conducted before the final hearing, brought by notice of motion and supported by affidavit evidence. They can be about various issues, including, but not limited to, defects in the pleadings, provision of proper particulars, default in discovery obligations, and compliance ...

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    • Item icon Practice Directions, Presumptive Guidelines, Notices, Rules and Forms – Ontario Courts
    • Item icon Checklist - Motions
    • Item icon Preparing the notice of motion and motion record
      To start a motion, a notice of motion is filed with the court and, if necessary, served on the other parties or anyone affected by the order. The notice of motion sets out the following:

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    • Item icon Simplified Procedure Motion Form
    • Item icon Notice of Motion
    • Item icon Clause - Motion record and index
    • Item icon Affidavit
    • Item icon Exhibit stamp
    • Item icon Order
    • Item icon Letter to other side's lawyer enclosing notice of motion or motion record
    • Item icon General Heading of Documents - Applications
    • Item icon Factum
    • Item icon Book of authorities
    • Item icon Affidavit of Service
    • Item icon Consolidated Practice Direction for Civil Actions, Applications, Motions and Procedural Matters in the Toronto Region – Ontario Courts
    • Item icon Filing the motion record and confirming the motion
      The motion record should be page-numbered, tabbed, and hyperlinked in PDF form. The proposed draft order should have its own page numbers. The motion record can be filed online in PDF form. It must be accompanied by proof of service.

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    • Item icon Confirmation of Motion
    • Item icon Motion to be removed as lawyer of record
      A motion to be removed as lawyer of record can be made under r 15.04 of the Rules of Civil Procedure. Privileged information should not be included in a supporting affidavit or as exhibits in the motion record. Where the affidavit must contain information detailing the breakdown of the ...

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    • Folder icon Summary judgment and rule 21 motions
      • Item icon Summary judgment and rule 21 motions
        Summary judgment Rule 20 of the Rules of Civil Procedure deals with summary judgment.

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      • Item icon Clause - Affidavit in support - Summary judgment - Plaintiff
    • Folder icon Security for costs
      • Item icon Security for costs
        Rule 56 of the Rules of Civil Procedure deals with security for costs. A motion for security for costs may be sought after the notice of appearance is served or pleadings have closed. Security for costs may be awarded where:

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      • Item icon Bill of Costs
  • Folder icon F. Challenging pleadings
    • Item icon Challenging pleadings
      There are many ways that a party can challenge pleadings. This may include a request for particulars or inspection of documents, a motion to strike a pleading, or a motion to stay an action. How a party challenges the pleadings depends on whether there is a want of information pleaded, a defect ...

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    • Item icon Request for particulars
      Where the factual allegations pleaded lack particularity or are insufficient to permit a party to plead a response, the responding party may serve a demand for particulars, setting out the particulars required by paragraph. A party that receives a demand for particulars must provide its response ...

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    • Item icon Checklist - Motions
    • Item icon Motion to strike a pleading
      A motion to strike out a pleading is made under r 25.11. A motion to strike is appropriate where the pleading:

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    • Item icon Notice of Motion
    • Item icon Clause - Motion record and index
    • Item icon Affidavit
    • Item icon Exhibit stamp
    • Item icon Order
    • Item icon Letter to other side's lawyer enclosing notice of motion or motion record
    • Item icon General Heading of Documents - Applications
    • Item icon Factum
    • Item icon Book of authorities
    • Item icon Affidavit of Service
    • Item icon Confirmation of Motion
    • Item icon Consolidated Practice Direction for Civil Actions, Applications, Motions and Procedural Matters in the Toronto Region – Ontario Courts
  • Folder icon G. Gathering and exchanging evidence
    • Item icon Gathering and exchanging evidence
      Rules 29 to 36 of the Rules of Civil Procedure deal with discovery. The pre-trial discovery process begins once pleadings have closed. Discovery includes the discovery of documents, examinations for discovery of the parties, inspection of property, and medical examinations of a party.

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    • Item icon The discovery plan
      Rule 29.1 deals with the discovery plan. The parties must agree to a discovery plan within 60 days from the close of pleadings. This time can be extended if the parties agree and they are attempting to obtain evidence. The discovery plan should set out in writing the parties' agreement to ...

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    • Item icon General Heading of Documents - Applications
    • Item icon Clause - Discovery plan
    • Folder icon Affidavit of documents
      • Item icon Affidavit of documents
        Each party to the action needs to serve an affidavit of documents disclosing, to the extent of the party’s knowledge, information, and belief, all documents relevant to any matter in the action that are or have been in the party’s possession. The affidavit of documents contains a statement that the ...

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      • Item icon Affidavit of Documents (Individual)
      • Item icon Affidavit of Documents (Corporation or Partnership)
      • Item icon Affidavit of Service
      • Item icon Letter to other side's lawyer with request for documents
    • Folder icon Examination for discovery
      • Item icon Examination for discovery
        Rule 31 of the Rules of Civil Procedure deals with examination for discovery. The purpose of examination for discovery is to obtain admissions from the opposing party that can be used at trial.

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      • Item icon Letter to client confirming examination for discovery date
      • Item icon Letter to other side's lawyer enclosing notice of examination
      • Item icon Notice of Examination
      • Item icon Questions on Written Examination for Discovery
      • Item icon Answers on Written Examination for Discovery
      • Item icon Clause - Affidavit of written discovery answers
      • Item icon Affidavit of Service
    • Folder icon Undertaking requests at examination for discovery
      • Item icon Undertakings arising from the plaintiff’s examination for discovery
        The party’s evidence at the examination for discovery may give rise to a request for undertakings. For example, suppose that a plaintiff seeking damages for injuries in a car accident gives evidence at their examination for discovery that they were hospitalized after the accident. However, the ...

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      • Item icon Letter to other side's lawyer confirming undertakings
      • Item icon Refusals and Undertakings Chart
      • Folder icon If required - Motion to compel outstanding undertakings
        • Item icon Refusals and Undertakings Chart
        • Item icon Notice of Motion
        • Item icon Clause - Motion record and index
        • Item icon Affidavit
        • Item icon Exhibit stamp
        • Item icon Order
        • Item icon Letter to other side's lawyer enclosing notice of motion or motion record
        • Item icon Affidavit of Service
        • Item icon Confirmation of Motion
        • Item icon Consolidated Practice Direction for Civil Actions, Applications, Motions and Procedural Matters in the Toronto Region – Ontario Courts
    • Folder icon If required - Evidence of a non-party witness
      • Item icon Examination of a non-party
        The evidence of a non-party may be important to the matters in dispute. If there is a risk that the non-party cannot be examined at trial because of death, sickness, or other reason, the non-party can be examined under r 36.01 or r 36.03. The evidence obtained through the examination can ...

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      • Item icon Affidavit
      • Item icon Exhibit stamp
      • Item icon Clause - Affidavit evidence of non-party witness
      • Item icon Expert reports
        The Consolidated Practice Direction for Civil Actions, Applications, Motions and Procedural Matters in the Toronto Region requires parties to file a timetable for exchange of expert reports. Even if that practice direction does not apply, the parties should, within 60 days after the action is ...

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    • Folder icon If required - Expert witnesses
      • Item icon Examination of an expert witness
        A party may make a motion to examine an expert witness before trial. Before seeking a motion to examine the expert witness, the party must serve a copy of the expert’s report on every party unless the court orders otherwise.

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      • Item icon Client authority to provide documents
      • Item icon Letter to plaintiff's expert requesting report
      • Item icon Acknowledgment of Expert's Duty
      • Item icon Letter to other side's lawyer enclosing expert report
    • Item icon Obtaining admissions – Request to admit
      Rule 51 of the Rules of Civil Procedure deals with admissions. After the examination for discovery is concluded, there may be admissions that were not made at discovery but which, if made, would eliminate the need to prove those facts or documents at trial. If there are outstanding admissions ...

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    • Item icon Request to Admit
    • Item icon Responding to a request to admit
      A party served with a request to admit must respond within 20 days of being served, failing which that party will be deemed to admit the facts or documents. A response to the request to admit should respond to each paragraph of the request to admit.

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    • Item icon Response to Request to Admit
    • Item icon Request for inspection of documents
      Documents relied on in the pleading can be obtained by serving a request to inspect documents. A party receiving a request to inspect documents must serve its response within 5 days. The requesting party may make a motion for production if no response is received.

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    • Item icon Request to Inspect Documents
  • Folder icon H. Mediation and pre-trial
    • Item icon Practice Directions, Presumptive Guidelines, Notices, Rules and Forms – Ontario Courts
    • Folder icon Mediation
      • Item icon Mediation
        After examination for discovery is complete, the plaintiff or defendant may attempt resolution. If early resolution is appropriate, settlement talks should commence at the end of the examination for discovery or as soon as possible. Mediation for matters in Toronto, Ottawa, and the County of Essex ...

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      • Item icon Letter to client confirming mediation date
      • Item icon The mediation memorandum
        The mediation memorandum sets out the party’s case theory. The mediation memorandum should list the issues in dispute, set out the evidence that supports the party’s case theory, address any issues or evidence that hurts the party, and reference case law where appropriate. Mediation memoranda vary ...

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      • Item icon Statement of Issues
      • Item icon Mediation memorandum
      • Item icon Letter to other side's lawyer confirming mediation and enclosing mediation memorandum
    • Folder icon Pre-trial
      • Item icon Pre-trial
        Setting the matter for trial If the matter is not subject to mandatory mediation, a party may set the matter down for trial by serving a trial record on every other party: r 48.01 of the Rules of Civil Procedure. Rule 48.03 provides that the trial record must be consecutively numbered and ...

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      • Item icon The Certification Form to Set Pre-Trial and Trial Dates
        After the matter is set down for trial, and if the matter is commenced in Toronto, the parties complete a Certification Form to Set Pre-Trial and Trial Dates that sets out:

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      • Item icon Certification of an Action to Set Pre-Trial and Trial Dates – Toronto Courts
      • Item icon Letter to client advising pre-trial date
      • Item icon Certificate of Readiness
      • Item icon The pre-trial conference
        Before the pre-trial conference, a r 49 offer may be appropriate. An offer to resolve at this stage may entice the other party to settle, removing the need for further costly preparations in advance of the pre-trial. If the matter is not resolved, preparations should continue so the matter is ...

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      • Item icon General Heading of Documents - Applications
      • Item icon Clause - Pre-trial memorandum
      • Item icon Letter to other side's lawyer enclosing pre-trial memorandum
  • Folder icon I. Trial and costs
    • Item icon Trial – Regular procedure
      Most civil litigation does not reach trial. However, if the parties cannot resolve the disputes at mediation, at the pre-trial, or at any time before trial, then the dispute will be adjudicated by the trier of fact, being either judge or jury, depending on whether the defendant served a jury ...

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    • Item icon Trial preparation
      If there is a general agreement on any of the facts, the other side may agree to file an agreed statement of facts. This will limit the issues to address at trial. A review of the documents for admissions of fact or authenticity of documents will assist in agreeing on facts. A trial brief should be ...

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    • Item icon Requisition
    • Item icon General Heading of Documents - Applications
    • Item icon Clause - Trial record
    • Item icon Example content - File brief
    • Item icon Letter to client confirming trial date
    • Item icon Letter to other side's lawyer confirming trial date
    • Item icon Summons to Witness (at Hearing)
    • Item icon Summons to a Witness Outside Ontario
    • Item icon Affidavit of Service
    • Item icon Trial
      Any preliminary motions should be brought at the outset of the trial. This can include a motion for exclusion of witnesses under r 52.06 of the Rules of Civil Procedure and a voir dire for admissibility of evidence. If the trial is by jury, the plaintiff has a right to four peremptory ...

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    • Item icon Costs
      In Ontario, there is a presumption that a party who wins at trial is entitled to their costs at a partial indemnity rate. This is good news for the successful party but bad news for the losing party. A plaintiff who loses at trial bears the costs of bringing the matter to trial and is also liable ...

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    • Item icon Bill of Costs
    • Item icon Costs Outline
  • Folder icon J. Appeals
    • Item icon Appeals
      Appeals can be complex and costly. They may culminate in a series of motions or even a motion to quash an appeal for want of jurisdiction.

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    • Item icon Appeals to the Divisional Court
      Appeals to the Divisional Court are available in cases identified in s 19 of the Courts of Justice Act 1990, which lists:

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    • Item icon Notice of Motion
    • Item icon Clause - Notice of motion for leave to appeal
    • Item icon Notice of Appeal to the Divisional Court
    • Item icon Appeals to the Court of Appeal for Ontario
      Section 6(1) of the Courts of Justice Act 1990 governs an appeal as of right to the Court of Appeal for Ontario, which provides:

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    • Item icon Notice of Appeal to an Appellate Court
    • Item icon Appellant’s Certificate Respecting Evidence
    • Item icon General Heading of Documents - Applications
    • Item icon Factum
    • Item icon Affidavit of Service
    • Item icon Exhibit stamp
  • Folder icon K. Finalizing the matter
    • Item icon Letter to client finalizing the matter
    • Item icon Invoice recital - Civil litigation
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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