Civil Procedure and Practice in Ontario, 2nd ed

A00 Introduction and Author Acknowledgments 2022CanLIIDocs978
	Civil Procedure and Practice in Ontario
		Introductory Note
		Authors
A01 Rule 1 (Citation, Application and Interpretation) 2022CanLIIDocs979
	Rule 1 (Citation, Application and Interpretation)
		1. Summary: Citation, Application and Interpretation)
			Introduction
			Citation-R. 1.0
			Application-R. 1.02
			Definitions-R. 1.03
			Interpretation-R. 1.04
			Orders on Terms-R. 1.05
			Forms-R. 1.06
			Practice Directions R.1.07
			Telephone and Video Conferences-R.1.08
			Communications Out of Court-R. 1.09
		2. Other Sources about Rule 1
			Practice Directions
			List of Videos from Litigation Help
			Other Sources of Information
			Other Resources and Guides
		3. Details and Cases about Citation, Application and Interpretation
			Citation, Application and Interpretation (R. 1) -- 1. Definitions Rules, 1.01-1.03
			Citation, Application and Interpretation (R. 1) -- 2. “Liberal and Just” interpretation, R.1.04
			Citation, Application and Interpretation (R. 1) -- 3. Video Conferencing at Trial Rule, 1.08
			Citation, Application and Interpretation (R. 1) -- 4. Communications to the judge outside the court room, 1.09
A02 Rule 2 (Non-Compliance with the Rules) 2022CanLIIDocs980
	Rule 2 (Non-Compliance with the Rules)
		1. Summary: Non-Compliance with the Rules
		2. Other Sources about Amendment of Pleadings
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Non-Compliance with the Rules
			Non-Compliance with the Rules (R. 2.01) – Effect of Non-Compliance
			Non-Compliance with the Rules (R. 2.02) – Attacking Irregularity
			Non-Compliance with the Rules (R. 2.03) – Court May Dispense With Compliance
A03 Rule 2.1 (General Power to Dismiss When Vexatious, Etc.) 2022CanLIIDocs981
	Rule 2.1 (General Power to Dismiss When Vexatious, Etc.)
		1. Summary: General Power to Dismiss When Vexatious, Etc.
			Introduction
			Bringing Matter to Court’s Attention without Evidence or Legal Argument; Request to Be Sent to Registrar Rather than Judge
			Process For Use
			Two Criteria for Use
			Dismissal Without Notice
			Conditional Dismissal and Other Remedies
			Appellate Considerations
			Costs
		2. Other Sources about General Power to Dismiss When Vexatious, Etc.
			Other Relevant Rules
			Other Sources of Information
			Flowchart for Rule 2.1
		3. Details and Cases about General Power to Stay or Dismiss if Vexatious, Etc.
			General Power to Stay or Dismiss if Vexatious, Etc. (R. 2.1) – 1. Overarching Principles and Considerations
			General Power to Stay or Dismiss if Vexatious, Etc. (R. 2.1) – 2. No Evidence or Legal Argument Permitted; Request to be sent to Registrar Rather than Judge
			General Power to Stay or Dismiss if Vexatious, Etc. (R. 2.1) – 3. Standard of “On Its Face” Being Vexatious, Etc.
			General Power to Stay or Dismiss if Vexatious, Etc. (R. 2.1) – 4. Hallmarks of Cases Where Rule 2.1 is Appropriate
			General Power to Stay or Dismiss if Vexatious, Etc. (R. 2.1) – 5. Dismissal Without Notice
			General Power to Stay or Dismiss if Vexatious, Etc. (R. 2.1) – 6. Conditional Dismissal and Other Remedies
			General Power to Stay or Dismiss if Vexatious, Etc. (R. 2.1) – 7. Adequacy of Notice
			General Power to Stay or Dismiss if Vexatious, Etc. (R. 2.1) – 8. Cases Where Rule 2.1 is Not Appropriate
			General Power to Stay or Dismiss if Vexatious, Etc. (R. 2.1) – 9. Relationship Between Two Criteria
			General Power to Stay or Dismiss if Vexatious, Etc. (R. 2.1) – 10. Special Considerations in the Family Law Context
			General Power to Stay or Dismiss if Vexatious, Etc. (R. 2.1) – 11. Special Considerations on Appeal
			General Power to Stay or Dismiss if Vexatious, Etc. (R. 2.1) – 12. Costs
A04 Rule 3 (Computation of Time) 2022CanLIIDocs982
	1. Summary: Computation of Time
		Introduction
		Calculating Time Between Two Events
		Computing Timelines That are Seven (7) Days or Less
		Where the Time for Doing an Act Expires on a Holiday
		Time of Day
		Extension or Abridgment
		Extension of Time for Service of a Statement of Defence
		Extension of Time for Service of Statement of Claim After Issuance
			Extension of Time for Service of Statement of Claim Following Expiration of Limitation Period
		Extension of Time to File Notice of Appeal
		When Proceedings May Be Heard
		Timetables
	2. Other Sources About Computation of Time
		Other Relevant Rules
	3. Details and Cases about Time
		Time (R. 3) -- 1. General Calculation of Time Principles
		Time (R. 3) -- 2. Extension or Abridgement:
		Time (R. 3) -- 2. When Proceedings May Be Heard
		Time (R. 3) -- 3. Timetables
A05 Rule 4 (Court Documents) 2022CanLIIDocs983
	Rule 4 (Court Documents)
		1. Summary: Court Documents
			Introduction
			Format of Submissions
			Content of Submissions
			Bilingual Documents
			Certified Copies of Court Documents
			Notice – Writing or Electronically
			Issuing and Filing Documents
			Online Portal
			Civil Claims Online Portal – Caselines
			Affidavits – Form (Rule 4.06(1))
			Affidavits – Content (Rule 4.06(2))
			Affidavits – Exhibits (Rule 4.06(3))
			Specific Requirements for Certain Affiants (Rule 4.06(4)-(8))
			Binding Documents
			Requisition
			Transmission of Documents:
			Notice of Constitutional Question:
			Emailing of Documents, Communication by Registrar:
		2. Other Sources about Rule 4: Court Documents
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Rule 4: Court Documents
			Court Documents (R. 4.01) – Standard of Documents
			Court Documents (R. 4.02) – Contents and General Heading
			Court Documents (R. 4.05) – Issuing and Filing Documents
			Court Documents (R. 4.06) – Affidavits
A06 Rule 4.1 (Duty of Expert) 2022CanLIIDocs984
	Rule 4.1 (Duty of Expert)
		1. Summary: Duty of Expert
			Introduction
			Rationale for Expert’s Duty
			Admissibility of Expert Evidence
		2. Other Sources about Duty of Experts
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Duty of Experts
			Duty of Expert (R. 4.1) – 1. General Principles
			Duty of Expert (R. 4.1) – 2. Admissibility of Expert Evidence
			Duty of Expert (R. 4.1) – 3. Examples Where Expert Disqualified
			Duty of Expert (R. 4.1) – 4. Examples Where Testimony Restricted or Less Weight Given
			Duty of Expert (R. 4.1) – 5. Improper Influence of Experts
			Duty of Expert (R. 4.1) – 6. Criticism in Other Proceedings
			Duty of Expert (R. 4.1) – 7. Conflict of Interest
			Duty of Expert (R. 4.1) – 8. Expert Immunity from Civil Suit
A07 Rule 5 (Joinder of Claims and Parties) 2022CanLIIDocs985
	Rule 5 (Joinder of Claims and Parties)
		1. Summary: Joinder of Claims and Parties
			Introduction
			Timing of Joinder and Limitation Periods
			Joinder of Claims
			Joinder of Parties
			Joinder of Necessary Parties
			Misjoinder, Non-Joinder and Parties Incorrectly Named
			Relief Against Joinder
		2. Other Sources about Joinder of Claims and Parties
			Other Relevant Rules
		3. Details and Cases about Joinder of Claims and Parties
			Joinder of Claims and Parties (R.5) – 1. Joinder and Limitation Periods
			Joinder of Claims and Parties (R. 5) – 2. Joinder of Claims
			Joinder of Claims and Parties (R. 5) -- 3. Joinder of Parties
			Joinder of Claims and Parties (R. 5) -- 4. Joinder of Necessary Parties
			Joinder of Claims and Parties (R. 5) -- 5. Misjoinder and Parties Incorrectly Named
			Joinder of Claims and Parties (R. 5) – 6. Relief Against Joinder
A08 Rule 6 (Consolidation or Hearing Together) 2022CanLIIDocs986
	1. Summary: Consolidation or Hearing Together
		Introduction
		Consolidation and Hearing Together Defined
		When Can a Court Make an Order for Consolidation or Hearing Together
		All Proceedings in One Court
		Stay of Proceedings
		Counterclaim
		Directions / Listing For Trial
	2. Other Sources about Consolidation or Hearing Together
		Other Relevant Rules
		Other Sources of Information
	3. Details and Cases about Amendment of Pleadings
		Consolidation or Hearing Together (R. 6) -- 1. Principles
			Factors
			Efficiencies, Fairness and Avoiding a Multiplicity of Proceedings
			Prejudice
			Balance of Convenience
			Abuse of Process
		Consolidation or Hearing Together (R. 6) -- 2. Timing
		Consolidation or Hearing Together (R. 6) -- 3. All Proceedings in One Court
		Consolidation or Hearing Together (R. 6) -- 4. Question of Law or Fact in Common / Same Transaction or Occurrence or Series of Transactions or Occurrences
		Consolidation or Hearing Together (R. 6) -- 5. Different Counsel
		Consolidation or Hearing Together (R. 6) -- 6. Class Actions
		Consolidation or Hearing Together (R. 6) -- 7. Jury and Non-jury Actions
		Consolidation or Hearing Together (R. 6) -- 8.  Simplified Procedure
		Consolidation or Hearing Together (R. 6) -- 9. Hybrid Proceedings
		Consolidation or Hearing Together (R. 6) -- 10. Lack of Jurisdiction of Court
		Consolidation or Hearing Together (R. 6) -- 11. Stay of Proceedings
		Consolidation or Hearing Together (R. 6) -- 12. Counterclaim
		Consolidation or Hearing Together (R. 6) -- 13. Directions / Listing For Trial
		Consolidation or Hearing Together (R. 6) -- 14.  Inherent Discretion of Presiding Judge
A09 Rule 6.1 (Separate Hearings) 2022CanLIIDocs1104
	Rule 6.1 – Separate Hearings
		1. Summary: Separate Hearings
			Introduction
			Onus
			Principles (Non-Jury)
				Bifurcation of Liability and Damages
				Bifurcation Generally
			Principles (Jury)
			Summary Judgment
		2. Other Sources about Separate Hearings
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Separate Hearings
			Bifurcation (R. 6.1) – 1. Inherent Jurisdiction
			Bifurcation (R. 6.1) – 2. Onus
			Bifurcation (R. 6.1) – 3. Principles (Non-Jury)
			Bifurcation (R. 6.1) – 4. Principles (Jury)
			Bifurcation (R. 6.1) – 5. Summary Judgment
			Bifurcation (R. 6.1) – 6. Examples
A10 Rule 7 (Parties Under Disability) 2022CanLIIDocs987
	Rule 7 (Parties Under Disability)
		1. Summary: Parties Under Disability
			Overview
				Who is A Party Under Disability?
				Requirement of a Litigation Guardian
				Appointment, Removal and Powers and Duties of Litigation Guardian
				Court Approval of Settlements
				Payment of Funds Owed to Party Under Disability
			Parties Under Disability and Their Representation By a Litigation Guardian
			When a Plaintiff or Applicant is Under Disability
			Affidavit Requirement Where the Plaintiff or Applicant is Under Disability
			Where the Defendant or Respondent is Under Disability
			Legal Representation for Individuals Who Are Not Parties
		2. Other Sources about Parties Under Disability
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Parties Under Disability
			Parties Under Disability (R. 7) -- 1. Principles Relating to the Appointment of a Litigation Guardian
			Parties Under Disability (R. 7) -- 2. How to Determine Whether A Party is Under Disability
			Parties Under Disability (R. 7) -- 3. Evidence Required To Establish Disability
			Parties Under Disability (R. 7) -- 4. Qualifications of Litigation Guardian
			Parties Under Disability (R. 7) -- 5. Powers and Duties of Litigation Guardian
			Parties Under Disability (R. 7) -- 6. Requirement that Litigation Guardian Have a Lawyer
			Parties Under Disability (R. 7) -- 7. Litigation Guardian’s Liability for Costs
			Parties Under Disability (R. 7) -- 8. Removal or Substitution of Litigation Guardian
			Parties Under Disability (R. 7) -- 9. Noting Party Under Disability in Default
			Parties Under Disability (R. 7) -- 10. Approval of Settlement – Rationale & Principles
			Parties Under Disability (R. 7) -- 11. Approval of Settlement -- Examples
			Parties Under Disability (R. 7) -- 12. Approval of Settlement – Lawyers’ Fees
			Parties Under Disability (R. 7) -- 13. Approval of Settlement – Service of Motion Record
			Parties Under Disability (R. 7) -- 14. Approval of Settlement – Money to be Paid into Court
A11 Rule 8 (Partnerships and Sole Proprietorships) 2022CanLIIDocs988
	Rule 8 (Partnerships and Sole Proprietorships)
		1. Summary: Partnerships and Sole Proprietorships
			Introduction
			The General Application of the Rule:
			Naming the Partnership or Sole Proprietorship:
			Notice to Alleged Partner Against Whom Relief is Sought:
			The individual partner served with an originating process and a Notice to Alleged Partner may defend the proceeding individually, including to deny that he or she was a partner at the relevant time.
			Suing the Partnership Versus Suing an Individual Partner:
			Defending a Lawsuit Separately, as a Partner:
			Obtaining a Disclosure of Partners:
			Partner Responding Separately from the Partnership:
			Enforcing an Order Against Property:
			Sole Proprietorships
		2. Other Sources about Partnerships and Sole Proprietorships
			Other Relevant Rules
			Other Sources of Information
			Graphic Illustration of Business Entities: Sole Proprietorship, Partnership and Corporation
		3. Details and Cases about Partnerships and Sole Proprietorships
			Partnerships and Sole Proprietorships (R. 8) – 1. Limited Partnerships
			Partnerships and Sole Proprietorships (R. 8) – 2. Disputes Between Partners
			Partnerships and Sole Proprietorships (R. 8) – 3. Defending a Proceeding Separately
			Partnerships and Sole Proprietorships (R. 8) – 4. At What Time Must Partnership Exist in Relation to the Cause of Action
			Partnerships and Sole Proprietorships (R. 8) – 5. Death of a Partner
			Partnerships and Sole Proprietorships (R. 8) – 6. Enforcement of an Order
			Partnerships and Sole Proprietorships (R. 8) – 7. Sole Proprietorships
			Partnerships and Sole Proprietorships (R. 8) – 8. Miscellaneous
A12 Rule 9 (Estates and Trusts) 2022CanLIIDocs989
	Rule 9: Estates and Trusts
		1. Summary: Estates and Trusts
			Introduction
			Refusal to be Joined
			Beneficiaries Added by Order
			Proceeding Against Estate That Has No Executor or Administrator
			Remedial Provisions
		2. Other Sources about Estates and Trusts
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Estates and Trusts
			Estates and Trusts (R. 9.01) – 1. Proceedings by or Against Executor, Administrator or Trustee
			Estates and Trusts (R. 9.02) – 2. Proceeding Against Estate that has no Executor or Administrator
			Estates and Trusts (R. 9.03) – 3. Remedial Provisions
A13 Rule 10 (Representation Order) 2022CanLIIDocs990
	Rule 10 (Representation Order)
		1. Summary: Representation Order
			Introduction
			Order Binds Represented Persons
			Settlement Affecting Persons who are not Parties
			Representation of Deceased Person
			Relief from Binding Effect of Order
		2. Other Sources about Representation Orders
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Representation Orders
			Representation Orders (R. 10)
A14 Rule 11 (Transfer or Transmission of Interest) 2022CanLIIDocs991
	Rule 11 (Transfer or Transmission of Interest)
		1. Summary: Transfer or Transmission of Interest
			Introduction
			Stay of Proceedings
			Order to Continue
			Setting Aside or Varying the Order to Continue
			Bankruptcy
			Delay
		2. Other Sources about Amendment of Pleadings
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Amendment of Pleadings
			Transfer or Transmission of Interest (R. 11) – 1. Principles
			Transfer or Transmission of Interest (R. 11.01) – 2. Assignment
			Transfer or Transmission of Interest (R. 11.01) – 3. Bankruptcy
			Transfer or Transmission of Interest (R. 11.01) – 4. Death
			Transfer or Transmission of Interest (R. 11.01) – 5. Other Means
			Transfer or Transmission of Interest (R. 11.02) – 6. Order to Continue
			Transfer or Transmission of Interest (R. 11.02) – 7. Setting Aside Order to Continue
			Transfer or Transmission of Interest (R. 11.03) – 8. Failure to Obtain Order to Continue Action
A15 Rule 12 (Class Proceedings and Other Representative Proceedings) 2022CanLIIDocs992
	Rule 12 (Class Proceedings and Other Representative Proceedings)
		1. Summary: Class Proceedings and Other Representative Proceedings
			Introduction
			Class Proceedings
			Representative Proceedings
			Style of Cause in Class Proceedings
			Discovery in Class Proceedings
			Costs in Class Proceedings
			Specific Requirements for Judgments and Orders in Class Proceedings
			Leave to Appeal
			Proceedings Against a Representative Defendant
			Proceedings by an Unincorporated Association or Trade Union
		2. Other Sources about Class Proceedings and Other Representative Proceedings
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Class Proceedings and Other Representative Proceedings
			Class Proceedings and Other Representative Proceedings (R. 12) -- 1. Purpose of Representative proceedings and the Class Proceedings Act
			Class Proceedings and Other Representative Proceedings (R. 12) -- 2. Title of Proceedings
			Class Proceedings and Other Representative Proceedings (R. 12) -- 3. Timing – Commencing a representative proceeding
			Class Proceedings and Other Representative Proceedings (R. 12) -- 4. Authorization Criteria
			Class Proceedings and Other Representative Proceedings (R. 12) -- 5. Associations contemplated by Rule 12
			Class Proceedings and Other Representative Proceedings (R. 12) -- 6. Costs – Representative Proceedings
			Class Proceedings and Other Representative Proceedings (R. 12) -- 7. Costs – The Class Proceedings Fund
			Class Proceedings and Other Representative Proceedings (R. 12) -- 8. Individual and Collective Claims Should be Litigated Separately
			Class Proceedings and Other Representative Proceedings (R. 12) -- 9. Limitations periods
			Class Proceedings and Other Representative Proceedings (R. 12) -- 10. General – Other
A16 Rule 13 (Intervention) 2022CanLIIDocs993
	Rule 13 (Intervention)
		1. Summary: Intervention
			Introduction
			Intervening as an Added Party
			Test for Leave to Intervene as a Friend of the Court
			Nature of the Case & Issues Involved
			Useful and Distinct Contribution
			Injustice or Undue Delay
			Common Conditions
			Costs
			Intervening in Divisional Court or Court of Appeal
			Process
		2. Other Sources about Intervention
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Intervention
			Intervention (R. 13) – 1. Principles
			Intervention (R. 13) – 2. Public Interest Litigation
			Intervention (R. 13) – 3. Family Law
			Intervention (R. 13) – 4. On Motions
			Intervention (R. 13) – 5. Costs
			Intervention (R. 13.01) – 1. As Added Party
			Intervention (R. 13.01) – 2. By Lawyers
			Intervention (R. 13.02) – 1. As Friend of the Court
			Intervention (R. 13.03) – 1. On Appeal
A17 Rule 13.1 (Place of Commencement and Hearing or Trial) 2022CanLIIDocs994
	Rule 13.1 (Place of Commencement and Hearing or Trial)
		1. Summary: Place of Commencement of Proceedings
			Introduction
			Transfer of Proceedings
		2. Other Sources about Place of Commencement and Hearing or Trial
			Practice Directions
		3. Details and Cases about Place of Commencement and Hearing or Trial
			Where Proceedings Can be Commenced [Rule 13.1.01 (1), (2) and (3)]
			Transfer of Proceedings – General Principles
			Change of Venue Granted
			Change of Venue Denied
			Scope/Jurisdiction/Procedural Matters
A18 Rule 14 (Originating Process) 2022CanLIIDocs995
	Rule 14: Originating Process
		1. Summary: Originating Process
			Introduction
			Proceedings by Actions
			Proceedings by Applications
			Title of a Proceeding
			Issuing and Timing of an Originating Process
			Striking Out or Amending an Originating Process
			Dismissal of Actions
		2. Other Sources about Originating Process
			Other Relevant Rules
			Other Sources of Information
			Flowchart for Rule 14
		3. Details and Cases about Originating Process
			Originating Process (R. 14) -- 1. General Principles
			Originating Process (R. 14) -- 2. Jurisdiction
			Originating Process (R. 14) -- 3. Issue Requiring a Trial
			Originating Process (R. 14) -- 4. Consolidations
			Originating Process (R. 14) -- 5. Interaction with Other Legislation / Interpretation Issues
			Originating Process (R. 14) -- 6. Personal Service and Alternatives to Personal Service
A19 Rule 15 (Representation by a lawyer) 2022CanLIIDocs996
	Rule 15 (Representation by a lawyer)
		1. Summary: Representation by a lawyer
			Introduction
			Representation: Basic rules and framework
				When is representation by a lawyer optional vs. required
				Representation by a lawyer
				Corporations
			Self-representing
				Self-represented parties
				Limited scope retainers
			Notice of Authority to Commence Proceedings
				Requesting notice from a lawyer that they were authorized to start a proceeding
				Consequences when a case is started without proper authority
			How a client changes lawyers/representation in a case
				Notices under 15.03
					Notice of change of lawyer
					Notice of Appointment of Lawyer
					Notice of Intention to Act in Person
				Lawyer’s liens
			How a lawyer gets ‘off the record’ or removed from a case
				Bringing a motion for removal as lawyer of record
					Compromised lawyer/client relationship: Inability to get instructions
					Compromised lawyer/client relationship: breakdown
					Compromised lawyer/client relationship: Non-payment
					Disqualifying conflict of interest
					Lawyer as the witness:
					A lawyer’s professional obligations when considering a Rule 15.04 motion
					Practical tips on deciding whether and when to bring a removal motion
				The other parties in the case must receive notice of the motion
				The lawyer bringing the removal motion has to safeguard lawyer/client privilege
				Serving the client with a removal motion and any order that removes the lawyer from the record
				Removal motions when the client is under disability
				What needs to go into a removal order
				Required steps after the removal order is served on a client
				What a corporate client has to do if their lawyer has been removed from the record
				What a non-corporate client has to do if their lawyer has been removed from the record
			The obligations of a lawyer to remain on the record
			When a lawyer in a case stops practicing law
			When a lawyer is from outside of Ontario
		2. Other sources about representation by a lawyer
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Representation by a Lawyer
			Representation by a lawyer (R. 15) – 1. Representation Generally
			Representation by a lawyer (R. 15) – 2. Self-represented parties and McKenzie Friends
			Representation by a lawyer (R. 15) – 3. Representation and corporations – Leave denied to corporation
			Representation by a lawyer (R. 15) – 4. Representation and corporations – Leave granted to corporation
			Representation by a lawyer (R. 15) – 5. Notice of Aurhority to Commence Proceeding – Authority Sufficient
			Representation by a lawyer (R. 15) – 6. Notice of Authority to Commence Proceeding – Proceeding Stayed or Dismissed
			Representation by a lawyer (R. 15) – 7. Change in Representation
			Representation by a lawyer (R. 15) – 8. Solicitor Lien
			Representation by a lawyer (R. 15) – 9.  Removal of Lawyer from Record (Breakdown of lawyer/client relationship)
			Representation by a lawyer (R. 15) – 10.  Removal of Lawyer from Record (Non-payment of fees)
			Representation by a lawyer (R. 15) – 11. Removal of lawyer of record – misc.
			Representation by a lawyer (R. 15) – 12. Duty of Lawyer of Record
	WHERE LAWYER IS REQUIRED
	CHANGE IN REPRESENTATION BY PARTY
	MOTION BY LAWYER FOR REMOVAL AS LAWYER OF RECORD
	DUTY OF LAWYER OF RECORD
	WHERE A LAWYER OF RECORD HAS CEASED TO PRACTISE
	LAWYER FROM ANOTHER PROVINCE
A20 Rule 16 (Service of Documents) 2022CanLIIDocs997
	Rule 16 (Service of Documents)
		1. Summary: Service of Documents
			Introduction
			Service of Originating Processes
			Service of All Other Documents
			Personal Service on a Business
			Personal Service on a Government
			Personal Service on an Absentee, Minor, or Mentally Incapable Person
			Alternative Service on a Lawyer
			Alternative Service to Last Known Address or Place of Residence
			Alternative Service on a Corporation
			Alternative Service on the Government of Ontario, Children’s Lawyer, or Public Guardian and Trustee
			Substituted Service or No Service
			Service on a Lawyer of Record
			Service by Mail
			Service by E-Mail
			Service by Courier
			What happens when the document does not reach the opposite party
			Order to Validate Service
			Why do you need proof of service?
			Most Common Proof of Service: Affidavit of Service
			Other Proof of Service
		2. Other Sources about Service of Documents
			Other Sources
		3. Details and Cases about Service of Documents
			Rule 16.01  - General Rules for Manner of Service
			Rule 16.02 - Personal Service on an Individual
			Rule 16.02 - Personal Service on a Corporation
			Rule 16.02 - Personal Service on a Foreign Corporation
			Rule 16.02 - Personal Service on the Crown
			Rule 16.03 – Alternatives to Personal Service
			Rule 16.04 – Substituted Service
			Rule 16.04 – Substituted Service on a Non-Party
			Rule 16.04 – Substituted Service – Motor Vehicle Actions
			Rule 16.04 – Substituted Service – Insurance and Insured Parties
			Rule 16.04 – Dispensing with Service
			Rule 16.05 – Service on a Lawyer of Record
			Rule 16.07 - Where Document Does Not Reach Persons Served
			Rule 16.08 – Validating Service
			Cases on Service of Statement of Claim
			Cases on Service of Ineffective Service
A21 Rule 17 (Service Outside Ontario) 2022CanLIIDocs998
	Rule 17 (Service Outside Ontario)
		1. Summary: Service Outside Ontario
			Rule 17.02 - Service Outside Ontario Without Leave
				Property in Ontario
				Administration of Estates
				Interpretation of an Instrument
				Trustee Where Assets Include Property in Ontario
				Mortgage on Property in Ontario
				Contracts
				Tort Committed in Ontario
				Damage Sustained in Ontario
				Injunctions
				Judgment of Court Outside Ontario
				Authorized by Statute
				Necessary or Proper Party
				Person Resident or Carrying on Business in Ontario
				Counterclaim, Crossclaim or Third Party Claim
				Taxes
			Rule 17.03 – Service Outside Ontario With Leave
			Rule 17.04 – Additional Requirements for Service Outside Ontario
			Rule 17.05 – Manner of Service Outside Ontario
				Introduction: Manner of Service Outside Ontario
				General Manner of Service: Service on a party located in a country that is a non-contracting state
				Manner of Service in Convention States: service on a party located in a country that is a contracting state
				Proof of Service on a Non-Contracting State
				Proof of Service on a Non-Contracting State
				Proof of Service on a Contracting State
		2. Other Sources about Service Outside of Ontario
			Other Sources of Information
		3. Details and Cases about Service Outside Ontario
			Service Outside Ontario (R. 17.02) -- 1. Service Outside Ontario without Leave
			Service Outside Ontario (R. 17.03) -- 2. Service Outside Ontario with Leave
			Service Outside Ontario (R. 17.04) -- 3. Additional Requirements for Service outside Ontario
			Service Outside Ontario (R. 17.05) -- 4. Manner of Service outside Ontario
A22 Rule 17.06 (Motion to Set Aside Service Outside Ontario) 2022CanLIIDocs999
	Rule 17.06 (Motion to Set Aside Service Outside Ontario)
	Table of Contents
		1. Summary: Motion to Set Aside Service Outside Ontario
			Introduction
			Jurisdiction
			Appropriate Forum
		2. Other Sources about Motions to Set Aside Service Outside Ontario
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Motions to Set Aside Service Outside Ontario
			Motions to Set Aside Service Outside Ontario (R. 17.06) – 1. Jurisdiction
				1. Consent / Attornment
				2. Real and Substantial Connection
				2. a) Carrying on Business
				2. b) Contracts
				2. c) Torts
				2. d) Related Claims
				2. e) Statutory Claims
				2. f) Enforcement of Foreign Judgments
					3. Forum of Necessity
			Motions to Set Aside Service Outside Ontario (R. 17.06) – 2. Appropriate Forum
				General
				Coldmatic Refrigeration of Canada Ltd. v Leveltek Processing LLC, 2005 CanLII 1042 (Ont. C.A.) -- Decisions on forum non conveniens are discretionary and so “entitled to considerable deference on appeal” (para 2).Contracts
					Forum Selection Clauses
				Torts
				Legitimate Juridical Advantage
A23 Rule 18 (Time for Delivery of Statement of Defence) 2022CanLIIDocs1000
	Rule 18 (Time for Delivery of Statement of Defence)
		1. Summary: Time for Delivery of Statement of Defence
			Introduction
			When Defence Must Be Filed
			Exceptions
			Notice of Intent to Defend
		2. Other Sources About Time for Delivery of Statement of Defence
			Other Relevant Rules
		3. Details and Cases about Delivery of Statement of Defence
			Time for Delivery of Statement of Defence (R. 18) -- 1. General Principles
			Time for Delivery of Statement of Defence (R. 18) -- 2. Exceptions to the timing of the delivery of a Statement of Defence
			Time for Delivery of Statement of Defence (R. 18) -- 3. Agreement or Waiver of Necessity to Deliver a Statement of Defence
			Time for Delivery of Statement of Defence (R. 18) -- 4. Nature of Proceedings or Other Factors Relating to Delay in Timing of Defence
			Time for Delivery of Statement of Defence (R. 18) -- 5. Statutory Provisions Relating to Delay in Timing of Defence
A24 Rule 19 (Default Proceedings) 2022CanLIIDocs1001
	Rule 19 (Default Proceedings)
		1. Summary: Default Proceedings
			Introduction
			When Can  a Plaintiff Seek to obtain default judgment-R. 19.01
			Consequences of Noting in Default-R. 19.02
			Setting Aside Noting of Default - R.19.03
			Obtaining a Default Judgment R 19.04-19.07
			Plaintiff can sue the Defaulted Defendant for Other Relief R 19.07
			Setting Aside Default Judgment-R. 19.08
			Application of Rule 19 in Counterclaims, Crossclaims or Third Party Claims-R. 19.09
		2. Other Sources about Default Proceedings
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Default Proceedings
			Default Proceedings (R. 19) -- 1. Setting Aside Default Judgment and Noting in Default-Principles and Tests
			Default Proceedings (R. 19) -- 2. Must Merits of defence be submitted when seeking to set aside a noting of default or default judgment
			Default Proceedings (R. 19) -- 3. Merits of a case not to be decided in a motion to set aside
			Default Proceedings (R. 19) -- 4. What is meant by “merits of the defence” or “arguable defence”
			Default Proceedings (R. 19) -- 5. Examples of R. 19 Rulings
			Default Proceedings (R. 19) -- 6. Facts Must Entitle Plaintiff to Judgment
			Default Proceedings (R. 19) -- 7. Default Judgment in Simplified Procedure
			Default Proceedings (R. 19) -- 8. A defendant is not in default if they served and filed a motion instead of a Statement of Defence
			Default Proceedings (R. 19) -- 9. Correct route is to set aside a default judgment, not through an appeal
			Default Proceedings (R. 19) -- 10. Irregularly Obtained Default Judgment
			Default Proceedings (R. 19) – 11. Setting Aside Default Judgment- Service of Statement of Claim
			Default Proceedings (R. 19) -- 12. What is meant by “liquidated sum”
			Default Proceedings (R. 19) -- 13. Scope of Judge, Master and Registrar in granting default judgment
			Default Proceedings (R. 19) -- 14. Motion to set aside under R. 19.08 should not be used to set aside Assessment Orders
			Default Proceedings (R. 19) -- 15. Giving notice
A25 Rule 20 (Summary Judgment) 2022CanLIIDocs1002
	Rule 20 (Summary Judgment)
	Table of Contents
		1. Summary: Summary Judgment
			Introduction
			Rule 20.01: The Who, When and What
				Who may bring a Motion for Summary Judgment
				When to Bring a Motion for Summary Judgment
				Partial Summary Judgment: “on all or part of the claim”
				“Boomerang” Summary Judgment
			Rule 20.02: Evidence Required
				Affidavits on Information and Belief
				Other Evidence
			Rule 20.03: Factums Required
			Rule 20.04: When Summary Judgment will be Granted
				Who May Hear a Motion for Summary Judgment?
				“No Genuine Issue Requiring a Trial”
				Summary Judgment by Agreement
				Enhanced Fact-Finding Powers Given to Judges
				Discrete Issues Remaining
			Rule 20.05: When A Trial is Necessary
			Rule 20.06: Costs Sanction
			Rule 20.07: Effect of Summary Judgment on Other Claims
			Rule 20.08: Stay of Execution
			Rule 20.09: Application to Counterclaims, Crossclaims and Third Party Claims
		2. Other Sources about Summary Judgment
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Summary Judgment
			Summary Judgment (R. 20) -- 1. Test for Summary Judgment
			Summary Judgment (R. 20) -- 2. Procedural Issues
			Summary Judgment (R. 20) -- 3. Partial Summary Judgment
			Summary Judgment (R. 20) -- 4. Boomerang Summary Judgment
			Summary Judgment (R. 20) -- 5. Onus on a Summary Judgment Motion
			Summary Judgment (R. 20) -- 6. Evidence on a Summary Judgment Motion
			Summary Judgment (R. 20) -- 7. Summary Judgment Denied
			Summary Judgment (R. 20) -- 8. Summary Judgment Granted
			Summary Judgment (R. 20) -- 9. Summary Judgment By Agreement
			Summary Judgment (R. 20) -- 10. Enhanced Powers of the Motion Judge (r. 20.04(2.1) to (2.2))
			Summary Judgment (R. 20) -- 11. Discrete Issue Remaining (r. 20.04(3) to (4))
			Summary Judgment (R. 20) -- 12. Directions Where Trial is Necessary (r. 20.05)
			Summary Judgment (R. 20) – 13. Costs
			Summary Judgment (R. 20) – 14. Stays of Execution
			Summary Judgment (R. 20) -- 15. Enforcement of Foreign Judgments
A26 Rule 21 (Determination of an Issue Before Trial) 2022CanLIIDocs1003
	Rule 21: Determination of an Issue Before Trial
		1. Summary: Determination of an Issue Before Trial
			Introduction
			Determination of a question of law
			No reasonable cause of action/defence
			The facts as pleaded are assumed to be true
			Rule 21.01(3)(a): Jurisdiction
			Rule 21.01(3)(b): Capacity
			Rule 21.01(3)(c): Another proceeding pending
			Rule 21.01(3)(d): Action frivolous, vexatious or abuse of process
			Timeliness
			Factums Required
		2. Other Sources about the Determination of an Issue Before Trial
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Determination of an Issue Before Trial
			Determination of an Issue Before Trial (R. 21) -- 1. No Reasonable Cause of Action
			Determination of an Issue Before Trial (R. 21) -- 2. Capacity
			Determination of an Issue Before Trial (R. 21) – Abuse of process
			Determination of Issue Before Trial (R. 21) -- 4. Additional Cases
A27 Rule 22 (Special Case) 2022CanLIIDocs1004
	Rule 22 (Special Case)
		1. Summary: Special Case
			Introduction
			Commencing the Motion and Materials Required
			Bringing the Motion Before the Court of Appeal
			Hearing of a Special Case Before the Court
		2. Other Sources about Special Cases
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Special Cases
			Special Case (R. 22) – 1. General Principles
			Special Case (R. 22) – 2. Availability
			Special Case (R. 22) – 3a. Proceeding at the Court of Appeal
			Special Case (R. 22) – 3b. Stare Decisis and other Related Matters
			Special Case (R. 22) – 4. Form of Special Case
			Special Case (R. 22) – 5. Hearing of a Special Case
	FORM OF SPECIAL CASE
	FACTUMS REQUIRED
	REMOVAL INTO COURT OF APPEAL
	HEARING OF SPECIAL CASE
A28 Rule 23 (Discontinuance and Withdrawal) 2022CanLIIDocs1005
	Rule 23 (Discontinuance and Withdrawal)
		1. Summary: Discontinuance and Withdrawal
			Introduction
			Rule 23.01
			Rule 23.02
			Rule 23.03
			Rule 23.04
			Rule 23.05
			Rule 23.06
			Rule 23.07
		2. Other Sources about Discontinuance and Withdrawal
			Other Relevant Rules
			Other Sources
		1. 3. Details and Cases about Discontinuance and Withdrawal
			Discontinuance (R. 23.01) – Leave
			Inappropriate interpretations of the Rule on Discontinuance
			Jurisdiction to Set Aside Notice of Discontinuance
			Validity of Notice Discontinuance
			Discontinuance Allowed, No Costs Awarded -- Rule 23.05
			Discontinuance Allowed with Costs Awarded R. 23.05
			Discontinuance and Class Action Proceedings
A29 Rule 24 (Dismissal of Action for Delay) 2022CanLIIDocs1006
	Rule 24 (Dismissal of Action for Delay)
		1. Summary: Dismissal of Action for Delay
			Introduction
			Jurisdiction: Judge or Master?
			Entitlement to bring a Motion Under Rule 24
			Parties Under Disability
			What Can Happen When a Defendant Moves to Dismiss an Action for Delay
			What to Expect on a Contested Rule 24 Motion
			What to Expect at the Hearing of a Contested Motion to Dismiss an Action for Delay
		2. Other Sources about Dismissal for Delay
			Other Relevant Rules
			Other Sources of Information
			Required Plaintiff’s Defaults to Enable Motion
		3. Detail and Cases about Dismissal for Delay under Rule 24
			Dismissal for Delay (R. 24) -- General Principles
			Dismissal for Delay (R. 24) -- Entitlement to Bring Motion (24.01(1))
			Dismissal for Delay (R. 24) -- Failure to Serve All Defendants with Statement of Claim within Prescribed Time (24.01(1)(a))
			Dismissal for Delay (R. 24) -- Failure to Note Defendants in Default who Have Been Served but who Have Not Delivered a Statement of Defence - R. 24.01(1)(b)
			Dismissal for Delay (R. 24) -- Failure to Set Action Down for Trial (24.01(1)(c))
			Dismissal for Delay (R. 24) -- Failure to Move for Leave to Restore to a Trial List an Action that has Been Struck Off the Trial List (24.01(1)(e))
			Dismissal for Delay (R. 24) -- Interaction of R. 24.01(2) with Rule 48.14
			Dismissal for Delay (R. 24) -- Effect on Subsequent Action (24.05)
			Dismissal for Delay (R. 24) -- Inherent Jurisdiction to Dismiss Action for Delay and CJA s. 106 (additional to R. 24)
A30 Rule 24.1 (Mandatory Mediation) 2022CanLIIDocs1007
	Rule 24.1 (Mandatory Mediation)
		1. Summary: Mandatory Mediation
			Introduction
			How Mandatory Mediation is Organized in Ontario
			Timing of a Mandatory Mediation
			Selecting a Mediator
			Where Parties are Unable to Choose a Mediator
			The Mediation Memorandum
			Attending the Mediation
			Failure to Attend a Mediation
			The Consequences of Non-Compliance
			Confidentiality
			The Mediator’s Report
		2. Other Sources about Mandatory Mediation
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Mandatory Mediation
			Mandatory Mediation (R. 24.1) -- 1. Cases Exempted from Mediation
			Mandatory Mediation (R. 24.1) -- 2. The Roster and Extensions of Time
			Mandatory Mediation (R. 24.1) -- 3. Non-Attendance
			Mandatory Mediation (R. 24.1) -- 4. Costs of the Mediation
			Mandatory Mediation (R. 24.1) -- 5. Confidentiality
A31 Rule 25 (Pleadings in an Action) 2022CanLIIDocs1008
	Rule 25 (Pleadings in an Action)
		1. Summary: Pleadings in an Action
			Pleadings Required or Permitted
			Form of Pleadings
			Service and Delivery of Pleadings
			Close of Pleadings
			Rules of Pleadings
			Rules Specific to Defences
			Replies
			Particulars
			Striking Out a Pleading
		2. Other Sources about Pleadings in an Action
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Pleadings in an Action
			Pleadings (R.25) --1. Pleadings Required or Permitted
			Pleadings (R.25) -- 2. Time for Delivery of Pleadings
			Pleadings (R.25) -- 3. Close of Pleadings
			Pleadings (R.25) -- 4. Rules of Pleadings- Material Facts and Evidence
			Pleadings (R.25) -- 5. Rules of Pleadings- Pleading Law
			Pleadings (R.25) -- 6. Rules of Pleadings- Inconsistent Pleadings
			Pleadings (R.25) --7. Rules of Pleadings- Documents or Conversations
			Pleadings (R.25) -- 8. Rules of Pleadings- Nature of Act or Condition of Mind
			Pleadings (R.25) -- 9. Rules of Pleadings- Claim for Relief
			Pleadings (R.25) --10. Applicable to Defences- Pleading Denials
			Pleadings (R.25) -- 11- Applicable to Defences- Affirmative Defences
			Pleadings (R.25) -- 12. Particulars
			Pleadings (R.25) -- 13. Striking out a Pleading
A32 Rule 26 (Amendment of Pleadings) 2022CanLIIDocs1009
	Rule 26 (Amendment of Pleadings)
		1. Summary: Amendment of Pleadings
			Introduction
			What Can Happen when a Party Seeks to Amend a Pleading
			Time Between Beginning of Case and Amendment
			Time Since Events that Parties are Litigating About
			Filing the Amended Pleading with the Court
			Making Sure the Other Parties have the Amended Pleading
			Responding to an Amended Pleading: Timing
			Amending a Pleading at Trial
		2. Other Sources about Amendment of Pleadings
			Other Relevant Rules
			Other Sources of Information
			Flowchart for Rule 26
		3. Details and Cases about Amendment of Pleadings
			Amendment of Pleadings (R. 26) -- 1. Principles
			Amendment of Pleadings (R. 26) -- 2. Compliance with Rules of Pleading
			Amendment of Pleadings (R. 26) -- 3. Prejudice
			Amendment of Pleadings (R. 26) -- 4. Terms
			Amendment of Pleadings (R. 26) -- 5. Timing -- Just Before Trial or Summary Judgment
			Amendment of Pleadings (R. 26) -- 6. Timing -- At Trial
			Amendment of Pleadings (R. 26) -- 7. Timing -- On Appeal
			Amendment of Pleadings (R. 26) -- 8. Limitation
			Amendment of Pleadings (R. 26) -- 9a. Other -- Amendment Increasing Damages Claim
			Amendment of Pleadings (R. 26) -- 9b. Other -- Amendment that would withdraw admission
			Amendment of Pleadings (R. 26) -- 9c. Other -- New Allegations against Defendant in Default
A33 Rule 27 (Counterclaim) 2022CanLIIDocs1010
	Rule 27 (Counterclaim)
		1. Summary: Counterclaim
			Introduction
			Timing
			Trials and Dispositions
		2. Other Sources about Counterclaims
			Other Relevant Rules and Sections
			Other Sources of Information
		3. Details and Cases about Counterclaims
			Counterclaim (R. 27) – Generally
			Counterclaim (R. 27) – Leave of Court
			Counterclaim (R. 27) – Statutory Considerations
			Counterclaim (R. 27) – Procedural Issues
			Counterclaim (R. 27) – Evidentiary Issues
			Counterclaim (R. 27) – Multiplicity of Proceedings
A34 Rule 28 (Crossclaim) 2022CanLIIDocs1011
	Rule 28 (Crossclaim)
		1. Summary: Crossclaim
			Introduction
			Rule 28.01 – Crossclaims
			Rule 28.02 – Statement of Defence and Crossclaim
			Rule 28.03 – Amending Defence to add Crossclaim
			Rule 28.04 – Time for Delivery of Statement of Defence and Crossclaim
			Rule 28.05 – Time for delivery of Defence to Crossclaim
			Rule 28.06 – Contents of Defence to Crossclaim
			Rule 28.07 – Effect of default of Defence to Crossclaim
			Rule 28.08 – Time for delivery of reply to Defence to Crossclaim
			Rule 28.09 – Trial of Crossclaim
			Rule 28.10 – Prejudice or delay to Plaintiff
			Rule 28.11 – Application to Counterclaims and Third Party Claims
		2. Other Sources about Crossclaims
			Other Relevant Rules and Sections
			Other Sources of Information
		3. Details and Cases about Crossclaims
			Limitations/Timelines/Procedural Matters
A35 Rule 29 (Third Party Claim) 2022CanLIIDocs1012
	Rule 29 (Third Party Claim)
		1. Summary: Third Party Claim
			Introduction
			Types of third party claims
			Pleading a third party claim
			How a third party claim is issued
			Making sure the other parties have the third party claim
			Responding to a third party claim
			Defending the main action as a third party
			How a third party claim proceeds
			Fourth and subsequent party claims; crossclaims
			Court file number
		2. Other Sources about Third Party Claims
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Third Party Claims
			Third Party Claims (R. 29) -- 1. Availability
			Third Party Claims (R. 29) -- 2. Leave to issue a Third Party Claim
			Third Party Claims (R. 29) -- 3. Defending the third party and main actions
			Third Party Claims (R. 29) -- 4. Trial of a Third Party Claim
			Third Party Claims (R. 29) – 5. Fourth and Subsequent Party Claims
			Third Party Claims (R. 29) – 6. Third party claims as separate proceedings
A36 Rule 29.1 (Discovery Plan) 2022CanLIIDocs1013
	Rule 29.1 (Discovery Plan)
		1. Summary: Discovery Plan
			Introduction
			Timing and Contents of a Discovery Plan
			Technology and the Use of Describing it in the Plan
			Requirement to Update Discovery Plan
			Failure to Agree to Discovery Plan
			Consequences of the Rule
			Elements of a Discovery Plan
		2. Other Sources about Discovery Plans
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Discovery Plans
			Requirement for Discovery Plan (R. 29.1.03)
			Failure to Agree to Plan (R. 29.1.05)
A37 Rule 29.2 (Proportionality in Discovery) 2022CanLIIDocs1014
	Rule 29.2: Proportionality in Discovery
		1. Summary:  Proportionality in Discovery
			Introduction
			To What does this Rule apply?
		2.  Other Sources about Proportionality in Discovery
			Other Relevant Rules
			Other Sources of Information
		3.  Details and Cases about Proportionality in Discovery
			Proportionality Rule 29.2 -- 1. Principles
			Proportionality (Rule 29.2) -- 2. Examples of Application
A38 Rule 30 (Documentary Discovery) 2022CanLIIDocs1015
	Rule 30 (Documentary Discovery)
		1. Summary: Discovery of Documents
			Introduction
			Form of affidavit:
			Privilege:
				Solicitor-client privilege
				Litigation privilege
				Settlement privilege
			Failure to disclose:
		2. Other Sources about Discovery of Documents
			Other Relevant Rules
			Other Sources
		3. Details and Cases about Discovery of Documents
			Discovery of documents (R. 30)
			Documentary Discovery (R. 30.01-30.02)
			Affidavit of documents (R. 30.03)
			Privilege – 4 main reasons for not producing a relevant document in an affidavit of documents.
A39 Rule 30.11 (Production and Inspection of Documents) 2022CanLIIDocs1016
	Rule 30.04 – Rule 30.11 (Production and Inspection of Documents)
		1. Summary: Production and Inspection of Documents
			Introduction
			Documents to be Produced for Inspection
			Responding to a Request to Inspect
			Bringing Documents to Examination and Trial
			Court Ordered Production and Inspection
			Divided Disclosure and Divided Production
			Relevance and Admissibility
			Incomplete Affidavits and Improperly Claimed Privilege
			Supplementary Affidavits of Documents
			Consequences of Non-Disclosure or Non-Production
			Consequences of Not Serving an Affidavit of Documents or Non-Production
			Use of Privileged Documents at Trial
			Obtaining Documents from Non-Parties
			Motions for an Order for Production from Non-Parties
			Depositing Documents for Safe Keeping
		2. Other Sources about Production and Inspection of Documents
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Production and Inspection of Documents
			Production and Inspection of Documents (R. 30.04) – 1. Requests to Inspect
			Production and Inspection of Documents (R. 30.04) – 2. Privileged Information and Redactions
			Production and Inspection of Documents (R. 30.04) – 3. Divided Disclosure/Production
			Production and Inspection of Documents (R. 30.05) – 4. No Admission of Relevance of Admissibility
			Production and Inspection of Documents (R. 30.06) – 5. Incomplete Affidavits and Improper Privilege
			Production and Inspection of Documents (R. 30.07) – 6. Updated Affidavits of Documents
			Production and Inspection of Documents (R. 30.08) – 7. Consequences of Non-Disclosure/Production
			Production and Inspection of Documents (R. 30.09) – 8. Use of Privileged Documents at Trial
			Production and Inspection of Documents (R. 30.10) – 9. Production from Non-Parties
			Production and Inspection of Documents (R. 30.11) – 10. Safe Keeping
A40 Rule 30.1 (Deemed Undertaking) 2022CanLIIDocs1017
	Rule 30.1 (Deemed Undertaking)
		1. Summary: Deemed Undertaking
			Introduction
			Application
			Rationale
			Exceptions
			Order that undertaking does not apply
			Consequences of breach
			Common law implied undertaking rule
		2. Other Sources about Deemed Undertaking
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Deemed Undertaking
			Deemed Undertaking (R. 30.1) – 1. Principles
			Deemed Undertaking (R. 30.1) – 2. Examples Where Applicable
			Deemed Undertaking (R. 30.1) – 3. Examples Where Not Applicable
			Deemed Undertaking (R. 30.1) – 4. Exceptions
			Deemed Undertaking (R. 30.1) – 5. Relief from Deemed Undertaking Rule
			Deemed Undertaking (R. 30.1) – 6. Consequences of Breach
			Deemed Undertaking (R. 30.1) – 7. Implied undertaking from case law
A41 Rule 31 (Examination for Discovery) 2022CanLIIDocs1018
	Rule 31 (Examination for Discovery)
		1. Summary: Examination for Discovery
			Introduction
			Definition
			Oral vs. Written Examination
			Who May Examine and Be Examined
			Scheduling Examinations for Discovery
			Examinations in Cases Involving Multiple Parties
			Time Limits
			Scope of Examination
			Failure to Answer on Discovery
			Lawyer Answering Questions
			Correcting Examination for Discovery Answers
			Examination for Discovery of Non-Parties
			Use of Examination for Discovery Transcript
		2. Other Sources about Examinations for Discovery
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Examinations for Discovery
			Examination for Discovery (R. 31) – Form of Examination (Oral vs. Written) and Right to Oral Examination (Rule 31.02)
			Examination for Discovery (R. 31) – Who May Examine and be Examined (Rule 31.03)
			Examination for Discovery (R. 31) – Who May Attend Examinations and Exclusion Orders
			Examination for Discovery (R. 31) – Scheduling and Order of Examinations (Rule 31.04 and Rule 31.05)
			Examination for Discovery (R. 31) – Time limits (Rule 31.05.1)
			Examination for Discovery (R. 31) – Scope of Examination (Rule 31.06)
			Examination for Discovery (R. 31) – Undertakings, Costs of Answering Undertakings and Re-Attendance at Examination
			Examination for Discovery (R. 31) – Consequences of Failing to Answer (Rule 31.07) and Effect of Lawyer Answering
			Examination for Discovery (R. 31) – Correcting Answers and Information Subsequently Obtained (Rule. 31.09)
			Examination for Discovery (R. 31) – Examination of Non-Parties (Rule 31.10)
			Examination for Discovery (R. 31) – Use of Examination for Discovery Transcript at Trial (Rule 31.11)
			Examination for Discovery (R. 31) – Virtual Examinations for Discovery
A42 Rule 32 (Inspection of Property) 2022CanLIIDocs1019
	Rule 32 (Inspection of Property)
	Table of Contents
		1. Summary: Inspection of Property
			Introduction
		2. Other Sources about Inspection of Property
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Inspection of Property
			Inspection of Property (R. 32) – 1. Principles
			Inspection of Property (R. 32) – 2. Terms Imposed for Inspection of Property
			Inspection of Property (R. 32) – 3. Other Examples
A43 Rule 33 (Medical Examinations of Parties) 2022CanLIIDocs1020
	Rule 33 (Medical Examinations of Parties)
		1. Summary: Medical Examinations of Parties
			Introduction
			Obtaining an Order for a Medical Examination
			The Rules for Medical Examinations
			Examinations on Consent
		2. Other Sources about Medical Examinations of Parties
			Other Relevant Rules
			Other Statutes
			Other Sources of Information
		3. Details and Cases about Medical Examination of Parties
			Medical Examination of Parties (R. 33) -- 1. Principles
			Medical Examination of Parties (R. 33) -- 2. Physical or Mental Condition in Question
			Medical Examination of Parties (R. 33) -- 3. Expenses of Examination
			Medical Examination of Parties (R. 33) -- 4. Information Available to the Examining Practitioner
			Medical Examination of Parties (R. 33) -- 5. Terms of Examination
				(a) General
				(b) Choice of Examining Practitioner
				(c) Location of Examination
				(d) Who Can be Present at the Examination
				(e) Audio and Video Recording of Examinations
				(f) Requiring Signature of Authorization, Consent or Agreement
			Medical Examination of Parties (R. 33) -- 6. Reports on Examinations
			Medical Examination of Parties (R. 33) -- 7. Timing of Motion
			Medical Examination of Parties (R. 33) -- 8. Second and Further Examinations (Subrule 33.02(2))
				(a) Grounds for Order
				(b) When a Previous Examination Counts Toward Rule 33
				(c) Evidence Required
			Medical Examination of Parties (R. 33) -- 9. Multiple Parties Seeking Examinations
			Medical Examination of Parties (R. 33) -- 10. Leave to Bring Motion Once Action is Set Down for Trial (Rule 48.04)
			Medical Examination of Parties (R. 33) -- 11. Examinations by Specialists Who are Not “Health Practitioners”
			Medical Examination of Parties (R. 33) -- 12. Examinations on Consent
A44 Rule 34 (Procedure on Oral Examinations) 2022CanLIIDocs1021
	Rule 34 (Procedure on Oral Examinations)
		1. Summary: Procedure on Oral Examinations
			Introduction
			To What Oral Examinations Does Rule 34 Apply
			Who Can and Should be Present at the Oral Examination
			Where Does the Oral Examination Take Place
			How to Arrange for the Examination
			Conducting an Examination of a Person Who Resides Outside of Ontario
			Person to be Examined to be Sworn
			Interpreter
			Production of Documents at an Oral Examination
			Re-Examination Following an Oral Examination
			What Can Happen When a Party Objects to a Question
			When Improper Conduct Occurs During Examination
			Consequences of Improper Conduct of the Examinee
			Recording of Oral Examinations
			Recording of Oral Examinations: Typewritten Transcript
			Filing of Examination Transcript
			Recording of Examination: Videotaping or Other Recording
		2. Other Sources about the Procedure on Oral Examinations
			Other Relevant Rules
			Other Sources of Information
			Summary of Process for Examination of Non-Ontario Resident
		3. Details and Cases about Procedure on Oral Examinations
			Procedure on Oral Examinations (R. 34) – 1. Who May be Present
			Procedure on Oral Examinations (R. 34.03) – 2. Place of Examination
			Procedure on Oral Examinations (R. 34.04) – 3. Requirements to Secure Attendance
			Procedure on Oral Examinations (R. 34.04(7), 34.07) – 4. Examination of Non-Ontario Residents
			Procedure on Oral Examinations (R.34.08) – 5. Oaths and Affirmations
			Procedure on Oral Examinations (R. 34.09) – 6. Language Considerations at Examination
			Procedure on Oral Examinations (R. 34.10) – 7. Documents Required on Examination
			Procedure on Oral Examinations (R. 34.11) – 8. Re-Examination
			Procedure on Oral Examinations (R. 34.12) – 9. Objections and Rulings on Examination
			Procedure on Oral Examinations (R. 34.14) – 10. Improper Conduct of Examination
			Procedure on Oral Examinations (R. 34.15) – 11. Sanctions for Default or Misconduct by Examinee
			Procedure on Oral Examinations (R. 34.19) – 12. Videotaping or Other Recording of Examination
A45 (Rule 35 Procedure on Examination for Discovery by Written Questions) 2022CanLIIDocs1022
	Rule 35 – Procedure on Examination for Discovery by Written Questions
		1. Summary: Procedure on Examination for Discovery by Written Questions
			Introduction
			When Examinations for Discovery by Written Questions are Conducted
			Procedure on Examination for Discovery by Written Questions
			Failure to Answer Written Questions
			Filing Questions and Answers
		2. Other Sources about Amendment of Pleadings
			Other Relevant Rules
			Other Sources of Information
			Flowchart for Rule 35
		3. Details and Cases about Amendment of Pleadings
			Procedure on Examination for Discovery by Written Questions (Rule 35) - General
			Procedure on Examination for Discovery by Written Questions (Rule 35.01) – Questions
			Procedure on Examination for Discovery by Written Questions (Rule 35.01) – Failure to Answer
A46 Rule 36 (Taking Evidence Before Trial) 2022CanLIIDocs1023
	Rule 36 – Taking Evidence Before Trial
		1. Summary: Taking Evidence Before Trial
			Synopsis
			Introduction
			Where Rule 36 Available
			Procedure
			Examinations Outside Ontario
			Use at Trial
				Introduction
				Examples of Who is a Party
				When the Witness is not a Party
				When the Witness is a Party
				Use at Trial (Continued)
			Alternatives to Rule 36 When Your Witness Cannot Attend at Trial
		2. Other Sources about Taking Evidence Before Trial
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Taking Evidence Before Trial
			Taking Evidence Before Trial (R 36) – 1. Non-party Witness vs. Party Witness
			Taking Evidence Before Trial (R 36) – 2. Prejudice
			Taking Evidence Before Trial (R 36) – 3. Advanced Age
			Taking Evidence Before Trial (R 36) – 4. Jurisdictional Barriers and Witnesses Outside Ontario
A47 Rule 37 (Motions) 2022CanLIIDocs1024
	Rule 37 (Motions)
		1. Summary:  Motions
			Introduction
		2. Other Sources About Motions
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Third Party Claims
			Motions – Jurisdiction and Procedure (R. 37) – Rule 37.01 – Notice of Motion
			Motions – Jurisdiction and Procedure (R. 37) – Rule 37.02 – Jurisdiction to Hear a Motion
			Motions – Jurisdiction and Procedure (R. 37) – Rule 37.03 – Where Motions to be Brought
			Motions – Jurisdiction and Procedure (R. 37) – Rule 37.04 – Motions — To Whom to be Made
			Motions – Jurisdiction and Procedure (R. 37) – Rule 37.06 – Content of Notice
			Motions – Jurisdiction and Procedure (R. 37) – Rule 37.07 – Service of Notice
			Motions – Jurisdiction and Procedure (R. 37) – Rule 37.08 – Filing of Notice of Motion
			Motions – Jurisdiction and Procedure (R. 37) – Rule 37.09 – Abandoned Motions
			Motions – Jurisdiction and Procedure (R. 37) –Rule 37.10 – Material for Use on Motions
			Motions – Jurisdiction and Procedure (R. 37) – Rule 37.10.1 – Confirmation of Motion
			Motions – Jurisdiction and Procedure (R. 37) – Rule 37.11 – Hearing in Absence of Public
			Motions – Jurisdiction and Procedure (R. 37) – Rule 37.12.1 – Hearing without Oral Argument
			Motions – Jurisdiction and Procedure (R. 37) – Rule 37.13 – Disposition of Motion
			Motions – Jurisdiction and Procedure (R. 37) – Rule 37.14 – Setting Aside, Varying or Amending Orders
			Motions – Jurisdiction and Procedure (R. 37) – Rule 37.15 – Motions in a Complicated Proceeding or Series of Proceedings
			Motions – Jurisdiction and Procedure (R. 37) – Rule 37.16 – Prohibiting Motions without Leave
			Motions – Jurisdiction and Procedure (R. 37) – Rule 37.17 – Motion before Commencement of Proceeding
A48 Rule 38 (Applications) 2022CanLIIDocs1025
	1. Rule and Summary: Applications
		Introduction
		What Are the Main Differences Between an Application and an Action?
		Commencing an Application
		Nomenclature (Words/Terms) Relevant to Applications
		Representation by a Lawyer
		Circumstances Where Rule 38 Does Not Apply in Whole or in Part
		Applications – To Whom an Application Can Be Made
		Notice of Application - Formal Requirements
		Place and Date of Hearing
		Lengthy Hearings or Urgent Applications
		Notice of Application - Substantive Requirements
		Notice of Application - Issuance
		Notice of Application - Service
		Notice of Appearance – Formal Requirements
		Abandoned Applications
		Application Record and Factum – Formal Requirements
		Respondent’s Application Record and Factum – Formal Requirements
		Counter-Applications
		Confirmation of Application
		Striking Out a Document
		Disposition of Application
		Vexatious Proceedings
	2.  Other Sources about Applications
		Other Relevant Rules
		Other Sources of Information
		Current Practice Directions Relating to Applications
		Sample Backpage
		Sample Notice of Application
		Sample Notice of Application – Showing Grounds
		Sample Notice of Abandonment
	3. Details and Cases about Applications
		Applications (R. 38) -- 1. Applications are Heard Before a Judge (Rule 38.02)
		Applications (R. 38) -- 2. Place of Hearing and Counter-Applications (Rule 38.03)
		Applications (R. 38) -- 3. Content of the Notice of Application (Rule 38.04)
		Applications (R. 38) -- 4. Service of the Application (Rule 38.06)
		Applications (R. 38) -- 5. Abandoned Applications (Rule 38.08)
		Applications (R. 38) -- 6. Content of Factum (Rule 38.09(1), (3) and (4))
		Applications (R. 38) -- 7. Disposition of Application (Rule 38.10)
		Applications (R. 38) -- 8. Setting Aside Judgment on Application Made Without Notice (Rule 38.11)
		Applications (R. 38) -- 9.Vexatious Proceedings (Rule 38.13)
A49 Rule 39 (Evidence on Motions and Applications) 2022CanLIIDocs1026
	Rule 39: Evidence on Motions and Applications
		1. Summary: Evidence on Motions and Applications.
			Overview
			Use and Timing of Affidavit Evidence
			Rules regarding Hearsay Evidence
			Motion Made Without Notice
			Opinion Evidence
			Cross Examination
			Examination of Non-Party Witnesses
			Use of Evidence from Examination for Discovery
		2. Other Sources about Evidence on Motions and Applications
			Other Relevant Rules
			Other Sources
		3. Details and Cases about Evidence on Motions and Applications
			Rule 39.01 (1) : Evidence by Affidavit
			Rule 39.01(3) : Time for Service and Filing of An Affidavit
			Rule 39.01(4): Content of Affidavit
			Rule 39.01 (6) Full and Fair Disclosure on a Motion Without Notice
			Rule 39.01 (7) Expert Witness Evidence
			Rule 39.02 (1): Evidence by Cross-Examination on Affidavit
			Rule 39.02 (2): Delivery of Affidavit following cross examination
			Rule 39.02(3): The Right to Cross-Examination is to be Exercised with Reasonable Diligence
			Rule 39.02(4): Costs of Cross Examinations
			Rule 39.03: Evidence by Examination Before the Hearing
			Rule 39.03 (4) Examination at the Hearing
			Rule 39.04 (2) Use of Party’s Examination Transcript
A50 Rule 40 (Interlocutory Injunction or Mandatory Order) 2022CanLIIDocs1027
	Rule 40 (Interlocutory Injunction or Mandatory Order)
		1. Summary: Interlocutory Injunction or Mandatory Order
			Introduction
			Obtaining an Interlocutory Injunction or Mandatory Order
			Motions Made Without Notice
			Providing an Undertaking as to Damages
			Factums Required
		2. Other Sources about Interlocutory Injunction or Mandatory Order
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Interlocutory Injunction or Mandatory Order
			Interlocutory Injunction or Mandatory Order  (R. 40) -- 1. Obtaining Order
			Interlocutory Injunction or Mandatory Order  (R. 40) -- 2. Motions Made Without Notice
			Interlocutory Injunction or Mandatory Order  (R. 40) -- 3. Undertaking
			Interlocutory Injunction or Mandatory Order  (R. 40) -- 4. Undertaking --Special Circumstances
			Interlocutory Injunction or Mandatory Order  (R. 40) -- 5. Undertaking --Inquiry into Damages
A51 Rule 41 (Appointment of Receiver) 2022CanLIIDocs1028
	Rule 41 (Appointment of Receiver)
		1. Summary: Appointment of Receiver
			Introduction
			Obtaining an Appointment of a Receiver
		2. Other Sources about Appointment of Receivers and Managers
			Other Relevant Statutes and Rules
		3. Details and Cases about Appointment of Receiver
			Appointment of Receiver  (R. 41) -- 1. Obtaining Appointment
			Appointment of Receiver  (R. 41) -- 2. Investigative Receivers
			Appointment of Receiver  (R. 41) -- 3. Obligations
A52 Rule 42 (Certificate of Pending Litigation) 2022CanLIIDocs1029
	Rule 42 (Certificate of Pending Litigation)
		1. Summary: Certificate of Pending Litigation
			Introduction
				Why seek a CPL?
				Obtaining a CPL
				What is a “Material Fact?”
				Factors considered by the Court
		2. Other Sources about Certificate of Pending Litigation
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Certificate of Pending Litigation
			Certificate of Pending Litigation (R 42) -- 1. Availability of Certificate
			Certificate of Pending Litigation (R 42) -- 2. Discharge of Certificate (Standard to be Applied)
A53 Rule 43 (Interpleader) 2022CanLIIDocs1030
	Rule 43: Interpleader
		1. Summary: Interpleader
			Introduction
			Interpleader Order not involving a Sheriff
			Sheriff Interpleader Order
			Powers of the Court for Interpleader Order
		2. Other Sources about Interpleader Orders
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Interpleader Orders
			Availability of an Interpleader Order- Rule 43.02
			Applications for Interpleader Orders – Rule 43.03
			Powers of the Court in Interpleader Orders - Rule 43.04
A54 Rule 44 (Interim Possession of Personal Property) 2022CanLIIDocs1031
	Rule 44 (Interim Possession of Personal Property)
		1. Summary: Interim Possession of Personal Property
			Introduction
			Requirements for bringing a motion for interim possession of personal property
			Importance of including a description and value of the property in the motion materials
			The importance of notifying the other party of the Rule 44 motion
			Why security is made and how security can be made
			Setting aside, varying or staying an order for interim possession of personal property
			Retrieving security that was paid into court
			Sheriff to enforce the order
			Steps to be taken if the defendant prevents recovery of the property
		2. Other Sources related to Interim Possession of Personal Property
			Other Relevant Rules
			Other Relevant Statutes
			Other relevant resources
		3. Details and Cases about Interim Possession of Personal Property
			Motion for Interim Order
			Service of the Notice of Motion
			Order to contain description and value of the property
			Disposition of motion
			Form of security
			Setting aside, varying or staying an order for interim possession of personal property
			Release of security
			Duty of the Sheriff
A55 Rule 45 (Interim Preservation of Property) 2022CanLIIDocs1032
	Rule 45 (Interim Preservation of Property)
		1. Summary: Interim Preservation of Property
			Introduction
			Interim Order for Preservation or Sale
				A) To preserve the subject matter of the dispute
				B) For entry into property or for the sale of property
				C) To preserve evidence
			Preservation Order vs Anton Piller Order
			Preservation of Specific Fund
			Preservation of Specific Fund vs Mareva Order
			Recovery of Personal Property Held as Security
			Rule 45.03 vs Rule 44 Order
		2. Other Sources about Interim Preservation of Property
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Interim Preservation of Property
			Interim Order for Preservation or Sale (Rule 45.01)
			Preservation of Specific Fund (Rule 45.02)
			Recovery of Personal Property Held as Security (Rule 45.03)
A56 Rule 46 (Place of Trial) 2022CanLIIDocs1033
	Rule 46 (Place of Trial)
		1. Summary: Place of Trial
			Overview
		2. Other Sources about Amendment of Pleadings
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Place of Trial
			Place of Trial (R. 46.01) -- 1. Pre-Amendment Cases (prior to 2004)
			Place of Trial (R. 46.01) -- 2. Cases Applying Rule 13.1.02(2)
			Place of Trial (R. 46.01) -- 3. Other Considerations
A57 Rule 47 (Jury Notice) 2022CanLIIDocs1034
	Rule 47 (Jury Notice)
		1. Rule and Summary: Jury Notices
			Introduction
			Where Jury Notice not in Accordance with Statute or Rules
			Where Jury Trial Inappropriate
			When Jury Trials are Barred by Statute
			Trials Without a Jury Under the Courts of Justice Act
			Trials Without a Jury Under the Crown Liability and Proceedings Act
		2. Other Sources about Jury Notices
		3. Details and Cases on Jury Notices
			Jury Notice (R. 47) – Principles
			Jury Notice  (R. 47) – 2. Compliance with Rules (R. 47.02)
			Jury Notice (R. 47) – 3. Striking Out Jury Notice For Complexity (R. 47.02)
			Jury Notice (R. 47) – 4 Miscellaneous
A58 Rule 48 (Listing For Trial) 2022CanLIIDocs1035
	Rule 48 (Listing For Trial)
	Table of Contents
		1. Summary: Listing for Trial
			Introduction
			Type of Action and Setting Down for Trial
			Preparing a Trial Record
			What Happens after an Action is Listed for Trial?
			Time between Commencing an Action and Setting Down for Trial
		2. Other Sources about Listing for Trial
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Listing for Trial
			Listing for Trial (R. 48.01) -- 1. Leave
			Listing for Trial (R. 48.01) -- 2. Restoring an Action for Trial
			Listing for Trial (R. 48.01) – 3. Dismissal for Delay
A59 Rules 49-49.09 (Offer to Settle) 2022CanLIIDocs1036
	Rules 49 – 49.09 (Offer to Settle)
		1.  Summary: Offer to Settle
			Introduction
			Availability
			Timing Requirements
			Withdrawal or Expiry
			Without Prejudice
			Disclosure to the Court
			Acceptance
			Parties under Disability
			Failure to Comply
		2. Other Sources about Offers to Settle
			Other Relevant Statutes and Rules
			Other Relevant Sources
		3. Details and Cases about Offers to Settle
			Offer to Settle (Rule 49) -- 1. The Purpose of Rule 49
			Offer to Settle (Rules 49.01 and 49.02) -- 2. Availability & Form and Content
			Offer to Settle (Rule 49.03) -- 3. Timing Requirements
			Offer to Settle (Rule 49.04) -- 4. Withdrawal or Expiry
			Offer to Settle (Rules 49.05 and 49.06) -- 5. Without Prejudice and Disclosure to the Court
			Offer to Settle (Rule 49.07) -- 6. Acceptance
			Offer to Settle (Rule 49.08) -- 7. Parties under Disability
			Offer to Settle (Rule 49.09) -- 8. Failure to Comply
A60 Rules 49.10-14 (Offer to Settle) 2022CanLIIDocs1037
	Rule 49.10-14 (Offer to Settle)
		1. Summary: Offer to Settle (R. 49.10-14)
			Introduction
			Costs Consequences of Failure to Accept Offer to Settle
			How to Make an Offer
			Multiple Defendants
			Offer to Contribute
			Discretion of Court and Application to Claims Other Than Main Action
		2. Other Sources about Offer to Settle R. 49.10-14
			Other Relevant Rules
			Other Relevant Sources
		3. Details and Cases about Offer to Settle R. 49.10-14
			Offer to Settle (R. 49.10-14) -- 1. Principles
			Offer to Settle (R. 49.10-14) -- 2. Costs Consequences of Failure to Accept
			Offer to Settle (R. 49.10-14) -- 3. More or Less Favourable?
			Offer to Settle (R. 49.10-14) -- 4. Examples of Costs Consequences
			Offer to Settle (R. 49.10-14) -- 5. Multiple Defendants and Offer to Contribute
			Offer to Settle (R. 49.10-14) -- 6. Discretion of the Court
A61 Rule 50 (Conferences) 2022CanLIIDocs1038
	Rule 50 (Conferences)
		1. Summary: Conferences
			Introduction
			Purpose of the Pre-Trial Conference
			Pre-Trials in Actions and Applications
			Materials to be Filed: The Pre-Trial Conference Brief
			Attendance at the Pre-Trial
			Matters to be Considered
			Judge's Powers at Pre-Trial
			Pre-Trial Conference Report
			Confidentiality of Pre-Trial Proceedings
			Documents for Pre-Trial
			Costs of Pre-Trial Conference
			Case Conferences
		2. Other Sources about Conferences
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Conferences
			Conferences (R. 50) – Principles and Purpose (Rules 50.01 to 50.08)
			Conferences (R. 50) – Pre-Trial Conference – Non-Disclosure and Pre-Trial Judge Not Presiding at Hearing (Rules 50.09 and 50.10)
			Conferences (R. 50) – Pre-Trial Conference – Jurisdiction of Pre-Trial Judge
			Conferences (R. 50) – Pre-Trial Conference – Costs
			Conferences (R. 50) – Case Conferences (Rule 50.13)
A62 Rule 51 (Admissions) 2022CanLIIDocs1039
	Rule 51 (Admissions)
		1. Summary: Admissions
			Introduction
			The Meaning of Authenticity
			Form 51A: Requesting to Admit Facts as True
			Form 51A: Requesting to Admit Documents as Authentic
			Serving a Request to Admit
			Responding to a Request to Admit
			Deemed Admissions
			Cost Penalty for Not Admitting
			Withdrawing an Admission
			Withdrawal of an Admission in a Pleading
			Making an Order Based on an Admission
			Deemed Undertaking
		2. Other Sources about Admissions
			Other Relevant Rules
			Other Sources of Information
			Flowchart for Rule 51
		3. Details and Cases about Admissions
			Admissions (R. 51) -- 1. Drafting a Request to Admit
			Admissions (R. 51) -- 2. Time to Serve a Request to Admit
			Admissions (R. 51) – 3a. Responding to a Request to Admit -- Admitting
			Admissions (R. 51) – 3b. Responding to a Request to Admit -- Denying
			Admissions (R. 51) – 3c. Responding to a Request to Admit – Refusing
			Admissions (R. 51) – 4. Admissions in Pleadings
			Admissions (R. 51) – 5. Judicial Intervention in Requests/Responses
			Admissions (R. 51) – 6a. Withdrawing an Admission – Test
			Admissions (R. 51) – 6b. Withdrawing an Admission – Triable Issue
			Admissions (R. 51) – 6c. Withdrawing an Admission – Inadvertence or Wrong Instruction
			Admissions (R. 51) – 6d. Withdrawing an Admission – Prejudice
			Admissions (R. 51) – 7. Making an Order Based on an Admission
A63 Rule 52 (Trial Procedure) 2022CanLIIDocs1040
	Rule 52 (Trial Procedure)
		1. Summary – Trial Procedure
			What Can Happen if a Party Fails to Attend at Trial
			When Can a Trial be Adjourned
			When Will the Court Appoint an Expert?
			What are the Terms Under Which the Expert is Appointed
			Who Pays the Expert?
			How is a Report from an Expert Received
			Exhibits as Trial Evidence
			The Availability and Purpose of a “View”
			The Purpose behind the Exclusion of Witnesses
			Who is Not Excluded
			What is the Effect of Excluding a Person?
			The General Order of Jury Addresses
			What Can Be Said in an Opening Address?
			Exceptions to the general rule
			What is the Order When There Are Multiple Parties?
			Jury Verdicts and Judgments
			In What Circumstances Can a Judge not Grant Judgment in Accordance with the Jury Verdict?
			What is the Process to not Grant Judgment
			What if a Judge Simply Disagrees with a Jury Verdict
			In What Circumstance can a Trial Judge Exercise Their Discretion to Re-Open a Case?
		2.  Other Sources about Trial Procedure
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Trial Procedure
			Trial Procedure (R. 52.01) – 1. Failure to Appear At Trial
			Trial Procedure (R. 52.02) – 2. Adjournments of Trials
			Trial Procedure (R. 52.03) – 3. Court-Appointed Experts
			Trial Procedure (R. 52. 04) – 4. Marking and Numbering of Exhibits
			Trial Procedure (R. 52.05) – 5. Taking a View
			Trial Procedure (R. 52.06) – 6. Excluding Witnesses
			Trial Procedure (R. 52.07) – 7. Jury Addresses
			Trial Procedure (R. 52.08) – 8. Refusal to Enter a Jury Verdict
			Trial Procedure (R. 52.09) – 9. Judgments
			Trial Procedure (R.52.10) – 10. Re-opening Trials
A64 Rule 53 (Evidence at Trial) 2022CanLIIDocs1041
	Rule 53 (Evidence at Trial)
	Table of Contents
		1. Summary: Evidence at Trial
			Introduction
			Oral Evidence
				Interpreters
			Written Evidence
			Expert Witnesses
				Preparation & Contents of Expert Reports
				Exchange of Expert Reports
			Getting Witnesses to Show Up for Trial
				Witnesses in Ontario
					Obtaining a Summons
					Serving a Summons
					Attendance Money
					Effect of Summons
				Witnesses Outside of Ontario
				Witnesses in Custody
			Calling Adverse Parties as Witnesses
			Permission to Admit Evidence
			Calculating Future Pecuniary Damages
				Discount Rates
				Gross Up
			Prejudgment Interest Rate for Non-Pecuniary Damages
		2. Other Sources about Evidence at Trial
			Other Relevant Rules
		3. Details and Cases about Evidence at Trial
			Evidence at Trial (R. 53) – 1. Oral Evidence
				Videoconferencing
				Recalling Witnesses
				Re-Opening a Case
				Cross-Examination
				Protecting Witnesses
				Interpreters
			Evidence at Trial (R. 53) – 2. Written Evidence
			Evidence at Trial (R. 53) – 3. Expert Reports
				Preparation of Reports
				Contents of Reports
				Exchange of Reports
				Admissibility
					Necessity
					Qualifications
					Objectivity
					Other Exclusionary Rules
					Reports Relying on Inadmissible Evidence
					Procedure
				Participant Experts & Experiments
				Scope
			Evidence at Trial (R. 53) – 4. Getting Witnesses to Show Up at Trial
				Calling Opposing Counsel
				Abuse of Process
				Deliberative Secrecy
				Production of Documents
				Procedure
			Evidence at Trial (R. 53) – 5. Calling Adverse Parties as Witnesses
				Agents
				Former Parties & Positions
				Non-Resident Parties
				Effect of Undertaking
				Pre-Trial Procedure
				Trial Procedure
			Evidence at Trial (R. 53) – 6. Permission to Admit Evidence
				Prejudice
				Undue Delay
				Terms
			Evidence at Trial (R. 53) – 7. Calculating Future Pecuniary Damages
				Discount Rate
				Gross Up
			Evidence at Trial (R. 53) – 8. Prejudgment Interest Rate for Non-Pecuniary Damages
A65 Rule 54 (Directing a Reference) 2022CanLIIDocs1042
	Rule 54 (Directing a Reference)
		1. Summary: Directing a Reference
			Introduction
			Confirmation of Reports
			Appeals
		2. Other Sources about Directing a Reference
			Other Relevant Rules
			Other Sources of Information
			Flowchart for Procedure to Confirm a Report
		3. Details and Cases about Directing a Reference
			Directing a Reference (R. 54) – Where a Reference May Be Directed (R. 54.02)
			Directing a Reference (R. 54) – To Whom a Reference May be Directed (R. 54.03)
			Directing a Reference (R. 54) – Order Directing a Reference (R. 54.04)
			Directing a Reference (R. 54) – Report on Reference  (R. 54.06)
			Directing a Reference (R. 54) – Report must be Confirmed  (R. 54.07)
			Directing a Reference (R. 54) – Confirmation on Motion where Report Back Required (R. 54.08)
			Directing a Reference (R. 54) – Confirmation by Passage of Time Where Report Back not Required (R. 54.09)
			Directing a Reference (R. 54) – Referee Unable to Continue or Complete Reference and Appeals (54.10)
A66 Rule 55 (Procedure on a Reference) 2022CanLIIDocs1043
	Rule 55 (Procedure on a Reference)
		1. Summary: Procedure on a Reference
			Introduction
			Procedure on a Reference Generally
			Procedure to Ascertain Interested Persons and Verify Claims
			Procedure on Taking of Accounts
			Direction for Payment of Money
			Reference for Conduct of Sale
			Reference to Appoint Guardian or Receiver
		2. Other Sources about Procedure on a Reference
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Procedure on a Reference
			Procedure on a Reference (R. 55) – Procedure on a Reference Generally (55.02)
			Procedure on a Reference (R. 55) – Amendment of Pleadings (55.02(10))
			Procedure on a Reference (R. 55) – Evidence of Witnesses (55.02(13))
			Procedure on a Reference (R. 55) – Filing of Documents (55.02(16))
			Procedure on a Reference (R. 55) – Procedure on Taking of Accounts (55.04)
			Procedure on a Reference (R. 55) – References for Conduct of Sale (55.06)
			Procedure on a Reference (R. 55) – Reference to Appoint Committee, Guardian of Receiver (55.07)
A67 Rule 56 (Security for Costs) 2022CanLIIDocs1044
	Rule 56 (Security for Costs)
		1. Summary: Security for Costs
			Introduction
			Framework for the Motion
			Ontario Residence Declaration
			Serving the Notice of Motion
			Specifics of the Order
			Effect of Order
			Varying the Amount
			Notice of Compliance
		2. Other Sources about Security for Costs
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Security for Costs
			Security for Costs (R. 56) -- 1. Overarching Principles
			Security for Costs (R. 56) -- 2. Merits of the Case
			Security for Costs (R. 56) -- 3. Ordinarily Resident Outside Ontario
			Security for Costs (R. 56) -- 4. Another Proceeding for the Same Relief Pending
			Security for Costs (R. 56) -- 5. Existing Unpaid Costs Order
			Security for Costs (R. 56) -- 6. Claim is Frivolous and Vexatious
			Security for Costs (R. 56) -- 7. Statutes Entitling Defendant to Security for Costs
			Security for Costs (R. 56) -- 8. Impecuniosity or Sufficiency of Assets
			Security for Costs (R. 56) -- 9. Timing of Motion
			Security for Costs (R. 56) -- 10. Amount and Form of Security
			Security for Costs (R. 56) -- 11. Default of Plaintiff or Applicant
			Security for Costs (R. 56) -- 12. Varying Amount of Security
			Security for Costs (R. 56) -- 13. Security for Costs as Term of Relief
A68 Rule 57 (Costs of Proceedings) 2022CanLIIDocs1045
	Rule 57 (Costs of Proceedings)
		1. Summary: Costs of Proceedings
			Introduction
			General Rule – Fixed at Every Step in the Proceeding
			Costs Must Be Reasonable and Fair
			How to Ask for Costs
			Costs Awards Belong to the Party
			Costs Against a Successful Party
			Partial Indemnity Costs, Substantial Indemnity Costs, and Full Indemnity Costs
			Fixed or Assessed?
			The Rule Does Not Detract from the Court’s Statutory Discretion
			Bill of Costs versus Costs Outline
			Having Costs Assessed
			Costs of a Motion
			Costs on a Settlement
			Costs of Actions Brought in the Wrong Court
			Costs against a Lawyer Personally
		2. Other Sources about Costs
			Other Sources of Information
		3. Details and Cases about Costs
			Costs for Self-Represented Litigants
			Costs Generally
			Costs for (or against) Pro Bono Parties
			Proportionality of Costs
			Substantial Indemnity Costs
			Full Indemnity Costs
			Costs on Indulgence Motions
			Costs on Opposed Motions
A69 Rule 58 (Assessment of Costs) 2022CanLIIDocs1046
	Rule 58 (Assessment of Costs)
		1. Summary: Assessment of Costs
			Introduction
			General: Assessment by an Assessment Officer
			General: Assessment at Instance of Party Entitled
			General: Assessment at Instance of Party Liable
			General: Assessment in Accordance with Tariffs
			General: Factors to be Considered on Assessment
			Particular Claims of Rule 58: Cost of Abandoned Proceedings
			Particular Claims of Rule 58: Cost of Passing of Accounts
			Particular Claims of Rule 58: Costs out of Fund or Estate
			General: Certificate of Assessment
			Procedural Matters of Rule 58: Objections to Assessment
			Procedural Matters of Rule 58: Appeal from Assessment
			Particular Claims of Rule 58: Costs of a Sheriff
			General: Costs Fixed by Registrar
		2. Other Sources about Assessment of Costs
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Assessment of Costs
			Rule 58.01: General
			Rule 58.02: Who May Assess Costs
			Rule 58.03: Assessment at Instance of Party Entitled
			Rule 58.05: Assessment – Generally
			Rule 58.05: Assessment in Accordance with Tariffs – Evidence on Assessment
			Rule 58.05: Assessment in Accordance with Tariffs – Award on a Substantial Indemnity Basis
			Rule 58.05: Assessment in Accordance with Tariffs – Salaried Lawyer
			Rule 58.05: Assessment in Accordance with Tariffs – Miscellaneous
			Rule 58.06: Factors to be Considered on Assessment
			Rule 58.07: Costs of Abandoned Proceedings
			Rule 58.08: Costs of Particular Proceedings
			Rule 58.10: Objections to Assessment
			Rule 58.11: Appeal from Assessment
A70 Rule 59 (Orders) 2022CanLIIDocs1047
	Rule 59 (Orders)
		1. Rule and Summary: Orders
			Introduction
			Effective Date of Orders
			Endorsement of Orders
			Preparing Draft Orders
			Issuing Orders
			Entering Orders
			Amending, Setting Aside or Varying an Order
			Satisfaction of Order
			Limited Scope Retainer
		2. Other Sources about Orders
			Other Relevant Rules
			Other Sources of Information
		3. Cases about Orders
			Orders (R 59) -- 1. Effective Date of Orders (r. 59.01)
			Orders (R 59) -- 2. Requirements if Separate Document (r. 59.02(2))
			Orders (R 59) -- 3. Preparation and Form of Draft Order (r. 59.03(1))
			Orders (R 59) -- 4. Order for Costs (r. 59.03(6))
			Orders (R 59) -- 5. Order on which Interest Payable (r. 59.03(7))
			Orders (R 59) -- 6. Settling Disputed Orders (r. 59.04(9)-(14))
			Orders (R 59) -- 7. Order to be Entered (r. 59.05(1)); Functus Officio; and Changing Disposition Before Order is Entered
			Orders (R 59) -- 8. Amending Orders (r. 59.06(1)) -- General Principles
			Orders (R 59) -- 9. Amending Orders (r. 59.06(1)) -- Correction of Orders
			Orders (R 59) -- 10. Amending Orders (r. 59.06(1)) -- Matters Not Adjudicated
			Orders (R 59) -- 11. Setting Aside or Varying Orders (r. 59.06(2)) -- General Principles
			Orders (R 59) -- 12. Setting Aside or Varying Orders (r. 59.06(2)(a)) -- Fraud
			Orders (R 59) -- 13. Setting Aside or Varying Orders (r. 59.06(2)(a)) -- Fresh Evidence
			Orders (R 59) -- 14. Suspend Operation of an Order (R. 59.06(2)(b))
			Orders (R 59) -- 15. Carry Order Into Operation (r. 59.06(2)(c))
			Orders (R 59) -- 16. Varying Order to Obtain Different Relief than Originally Awarded (r. 59.06(2)(d))
			Orders (R 59) -- 17. Satisfaction of Order (r. 59.07)
			Orders (R 59) -- 18. Limited Scope Retainer (r. 59.08)
			Orders (R 59) -- 19. Miscellaneous
A71 Rule 60 (Enforcement of Orders) 2022CanLIIDocs1048
	Rule 60 (Enforcement of Orders)
		1. Summary: Enforcement of Orders
			Introduction
			Enforcement of Order for Payment or Recovery of Money
			Enforcement of Order for Possession of Land
			Enforcement of Order for Recovery of Personal Property
			Enforcement of Order to do or Abstain from Doing any Act
			Enforcement by or Against a Person not a Party
			Writ of Seizure and Sale
				Updating a Writ of Seizure and Sale
				Enforcing a Writ of Seizure and Sale
			Garnishment
			Writ of Sequestration
			Writ of Possession
		2. Other Sources about Enforcement of Orders
			Other Relevant Rules
			Other Sources of Information
		3. Details & Cases about Enforcement of Orders
			Enforcement of Orders (R. 60) -- 1. Orders for Payment or recovery of money (60.02)
			Enforcement of Orders (R. 60) -- 2. Order for Recovery of Personal Property (60.04)
			Enforcement of Orders (R. 60) -- 3. Order to Do or Abstain from Doing an Act (60.05)
			Enforcement of Orders (R. 60) -- 4. Enforcement By or Against a Person Not a Party (60.06)
			Enforcement of Orders (R. 60) -- 5. Writ of Seizure and Sale – General (60.07)
			Enforcement of Orders (R. 60) -- 6. Writ of Seizure and Sale – Leave to Issue (Rule 60.07(2))
			Enforcement of Orders (R. 60) -- 7. Writ of Seizure and Sale – Duration and Renewal (Rule 60.07(6))
			Enforcement of Orders (R. 60) -- 8. Writ of Seizure and Sale – Direction to Enforce (Rule 60.07(13))
			Enforcement of Orders (R. 60) -- 9. Writ of Seizure and Sale – Personal Property (60.07(15))
			Enforcement of Orders (R. 60) -- 10. Writ of Seizure and Sale – Sale of Land (60.17-22)
			Enforcement of Orders (R. 60) -- 11. Garnishment – Generally
			Enforcement of Orders (R. 60) -- 12. Garnishment – Meaning of “debt payable to debtor by other persons”
			Enforcement of Orders (R. 60) -- 13. Garnishment – Joint Debts (Rule 60.08(1.1))
			Enforcement of Orders (R. 60) -- 14. Garnishment – Funds Not Subject to Garnishment
			Enforcement of Orders (R. 60) -- 15. Garnishment – Particular Funds Subject to Garnishment
			Enforcement of Orders (R. 60) -- 16. Garnishment – Priorities
			Enforcement of Orders (R. 60) -- 17. Garnishment – Family Support Orders
			Enforcement of Orders (R. 60) -- 18. Writ of Sequestration (Rule 60.09)
			Enforcement of Orders (R. 60) -- 19. Writ of Possession – Leave
			Enforcement of Orders (R. 60) -- 20. Writ of Possession – Duration
A72 Rule 60.11-60.20 (Enforcement of Orders) 2022CanLIIDocs1049
	Rule 60.11-60.20 (Enforcement of Orders)
		1. Summary: Enforcement of Orders
			Introduction
			Important definitions
			Rule 60.11 — Contempt Order
				Specific Behaviour that will be the basis for a contempt order
				Process of getting a contempt order
				The Hearing of a Contempt Order
				Civil Contempt Test (failing to comply with a court order)
				Sentencing
				Appealing a contempt order
			Rule 60.12 — Failure to Comply With Interlocutory Order
				Costs orders
			Rule 60.13 — Dispute of Ownership of Property Seized By Sheriff (Interpleader)
				Interpleader proceedings
				Third party creditors
			Rule 60.14 — Sheriff's Report on Execution of Writ
			Rule 60.15 — Removal or Withdrawal of Writ from Sheriff's File
			Rule 60.16 — Duty of Person Filing Writ With Sheriff
			Rule 60.17 — Motion for Directions
				Third-party creditors
			Rule 60.18 — Examination in Aid of Execution (Judgment Debtor Examinations)
				Rules concerning the examination of another person:
				Difficulty in enforcement:
			Rule 60.19 — Costs of Enforcement
			Rule 60.20 — Limit on Electronic Filing, Issuance
		2. Other Sources about Enforcement Orders
			Other Relevant Rules and Legislation
			Interlocutory vs final orders
			FLOWCHART FOR CONTEMPT ORDERS
		3. Details and Cases about Enforcement Orders
			Rule 60.11 – Contempt Orders
			Incarceration for contempt:
			Rule 60.12 Failure to Comply with Interlocutory Order
			Rule 60.13: Dispute of ownership of property seized by sheriff (Interpleader)
			Rule 60.18: Examinations in aid of execution
A73 Rule 61 (Appeals to an Appellate Court) 2022CanLIIDocs1050
	Rule 61 (Appeals to an Appellate Court)
		1. Summary: Appeals to an Appellate Court
			Introduction
			First step: Determining if Rule 61 Applies
			Motions for Leave to Appeal
			Commencing an Appeal
			Security for Costs
			Cross Appeals
			Amending a Notice of Appeal or Cross-Appeal
			Perfecting Appeals
			Responding Materials on Appeal
			Dismissal for Delay and Abandoning Appeals
			Motions in Appellate Courts
		2. Other Sources about Appeals
			Other Relevant Rules
			Other Relevant Sections of the Courts of Justice Act
			Practice Directions from the Courts
			Appeals and Judicial Review
			Other Sources of Information
			Flow Chart for Rule 61
		3. Details and Cases about Appeals to an Appellate Court
			Appeals to an Appellate Court (R. 61) -- 1.Whether an Order is Final or Interlocutory
			Appeals to an Appellate Court (R. 61) -- 2. Motions for Leave to Appeal – Divisional Court
			Appeals to an Appellate Court (R. 61) -- 3. Motions for Leave to Appeal – Court of Appeal
			Appeals to an Appellate Court (R. 61) -- 4.Commencing an Appeal
			Appeals to an Appellate Court (R. 61) -- 5. Certificates Respecting Evidence
			Appeals to an Appellate Court (R. 61) -- 6. Security for Costs - Principles
			Appeals to an Appellate Court (R. 61) -- 7. Security for Costs - Examples
			Appeals to an Appellate Court (R. 61) -- 8. Cross-Appeals
			Appeals to an Appellate Court (R. 61) -- 9. Amending a Notice of Appeal or Cross-Appeal
			Appeals to an Appellate Court (R. 61) -- 10. Perfecting Appeals
			Appeals to an Appellate Court (R. 61) -- 11. Responding Materials on Appeal
			Appeals to an Appellate Court (R. 61) -- 12. Dismissal for Delay and Abandoning Appeals
			Appeals to an Appellate Court (R. 61) -- 13. Motions in Appellate Courts
A74 Rule 62 (Appeals from Interlocutory Orders and Other Appeals) 2022CanLIIDocs1051
	Rule 62 (Appeals from Interlocutory Orders and Other Appeals)
		1. Summary: Appeals from Interlocutory Orders
			Introduction
			First step: Determining if Rule 62 Applies
			Procedure on Appeals under Rule 62.01
			Motion for Leave to Appeal to the Divisional Court
		2. Other Sources about Appeals
			Other Relevant Rules
			Courts of Justice Act
			Practice Directions from the Courts
			Appeals and Judicial Review
			Other Sources of Information
			Flow Chart for Rule 62
		3. Details and Cases about Appeals from Interlocutory Orders
			Appeals from Interlocutory Orders (R. 62) -- 1. Whether an Order is Final or Interlocutory -- General Principles
			Appeals from Interlocutory Orders (R. 62) -- 2. Whether an Order is Final or Interlocutory -- Examples
			Appeals from Interlocutory Orders (R. 62) -- 3. Motions for Leave to Appeal to the Divisional Court
			Appeals from Interlocutory Orders (R. 62) -- 4. Interlocutory Appeals – Jurisdiction, Procedure, and Standard of Review
A75 Rule 63 (Stay Pending Appeal) 2022CanLIIDocs1052
	Rule 63 (Stay Pending Appeal)
		1. Summary: Stay Pending Appeal
			Introduction
			Deciding whether the Automatic Stay Applies
				The Automatic Stay Only Applies to Certain Types of Directions in an Order
					A Provision for the Payment of Money is Automatically Stayed
					Exception – An Order to Pay Support is not Automatically Stayed
					Exception – The Automatic Stay does not Apply to an Appeal from a Refusal to Set Aside Default Judgment
					Automatic Stay of Eviction Orders and Tenancy
				How to Obtain the Automatic Stay
				The Duration of the Automatic Stay
			Lifting an Automatic Stay
				What it Means to Lift a Stay
				Bringing a Motion to Lift a Stay
			Obtaining a Stay by Order
				Timing
				Setting Aside or Varying a Stay
				Support Orders
			The Effect of a Stay Pending Appeal
				Exception 1 – Orders to Lift the Stay
				Exception 2 – Finalizing the Order
				Exception 3 – Assessment of Costs
				Exception 4 – Issuing and Filing a Writ of Execution
			Certificate of Stay – Giving Notice of the Stay
				What is a Certificate of Stay?
				Obtaining a Certificate of Stay
				Obtaining a Certificate of Stay – Landlord and Tenant Board Appeals
			Setting Aside the Writ of Execution
		2. Other Sources about Stays Pending Appeal
			Other Relevant Rules
			Other Relevant Statutes & Regulations
			Other Sources of Information
		3. Details and Cases about Stays Pending Appeal
			Stay Pending Appeal (R. 63) 1a. Automatic Stay: An Order for the Payment of Money
			Stay Pending Appeal (R. 63) 1b. Automatic Stay: Support Payments
			Stay Pending Appeal (R. 63) 1c. Automatic Stay: Timing
			Stay Pending Appeal (R. 63) 1d. Automatic Stay: misc
			Stay Pending Appeal (R. 63) 2a. Lifting an Automatic Stay: Principles
			Stay Pending Appeal (R. 63) 2b. Lifting a Stay: Orders Evicting or Terminating a Person’s Occupancy
			Stay Pending Appeal (R. 63) 2c. Lifting a Stay: Just Terms
			Stay Pending Appeal (R. 63) 2d. Lifting a Stay: Procedure
			Stay Pending Appeal (R. 63) 3a. Stay by Order: Principles
			Stay Pending Appeal (R. 63) 3b. Stay by Order: Serious Issue to be Tried
			Stay Pending Appeal (R. 63) 3c. Stay by Order: Irreparable Harm
			Stay Pending Appeal (R. 63) 3d. Stay by Order: Constitutional Challenges
			Stay Pending Appeal (R. 63) 3e. Stay by Order: Jurisdiction
			Stay Pending Appeal (R. 63) 3f. Stay by Order: Stay Pending Appeal to SCC
			Stay Pending Appeal (R. 63) 3g. Stay by Order: Family Law Cases
			Stay Pending Appeal (R. 63) 4a. Effect of a Stay – General
			Stay Pending Appeal (R. 63) 4b. Effect of a Stay – Writ of Execution
			Stay Pending Appeal (R. 63) 4c. Effect of a Stay – Certificate of Stay
			Stay Pending Appeal (R. 63) 4d. Effect of a Stay – Setting Aside Writ of Execution
A76 Rule 64 (Mortgage Actions) 2022CanLIIDocs1053
	Rule 64 (Mortgage Actions)
		1. Summary: Mortgage Actions
			Introduction
				What Options Are Available to a Party Who Seeks to Enforce a First Mortgage/Charge
				Considerations for which Remedy to Pursue
				Time Periods to Consider during a Mortgage Action
				Relevant Parties to a Mortgage Action
				Jurisdiction
			Foreclosure Actions
				Parties to a Foreclosure Action
				Redemption in a Foreclosure Action
				Default Judgments in Foreclosure Action
				Redemption by various Parties
				Final Order of Foreclosure
				Conversion from Foreclosure to Sale
			Sale Actions
				Parties to a Sale Action
				Redemption in a Sale Action
				Default Judgment in a Sale Action
				Final Order for Sale
				Purchase Money
			Redemption Actions
				Parties to a Redemption Action
				Plaintiff’s Failure to Redeem
			Procedure on Mortgage References Generally
				Duties and Powers of Referee
				Notice to the Various Parties on the Reference
					1. Subsequent Encumbrancers
					2. Original Defendants
					3. Parties other than Encumbrancers
				Redemption by Multiple Parties
				Mortgage Assignments
				Referee’s Report
				Transfer from Mortgagee on Redemption
				Registrars Request for Directions
				Change of Account
		2. Other Sources about Mortgage Actions
			Other Relevant Rules
			Other Sources of Information
			Flowchart for Rule 64 Forms
		3. Details and Cases about Mortgage Actions
			Mortgage Actions (R. 64) -- 1. General Rules
			Mortgage Actions (R. 64) -- 2. Foreclosure Actions (R. 64.03)
			Mortgage Actions (R. 64) -- 2.1 Parties to the Action (R. 64.03(1))
			Mortgage Actions (R. 64) -- 2.2 Concurrent Remedy Claims (R. 64.03(5))
			Mortgage Actions (R. 64) -- 2.3 Effect of Final Order of Foreclosure (R. 64.03(15))
			Mortgage Actions (R. 64) -- 2.4 Setting Aside a Final Order of Foreclosure
			Mortgage Actions (R. 64) -- 2.5 Power to Convert from Foreclosure to Sale (R. 64.03(22))
			Mortgage Actions (R. 64) -- 2.6 Power to Reconvert to Foreclosure (R. 64.03(23))
			Mortgage Actions (R. 64) -- 2.7 Transferring Carriage of Sale (R. 64.03(25))
			Mortgage Actions (R. 64) -- 3. Sale Actions (R.64.04)
			Mortgage Actions (R. 64) -- 4. Effect of Filing Request to Redeem
A77 Rule 65 (Proceedings for Administration) 2022CanLIIDocs1054
	Rule 65: Proceedings for Administration
		1. Summary: Proceedings for Administration
			Introduction
			Applicability of Rule 65
			Rule 65: When matters can be resolved outside of court
			Court Supervision Power
			Court Order of Administration of Estate or Execution of Trust
		2. Other Sources about Proceedings for Administration
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Payment Into and Out of Court
			Rule 65.02: Where a Reference is Directed
A78 Rule 66 (Partition Proceedings) 2022CanLIIDocs1055
	Rule 66 (Partition Proceedings)
		1. Summary: Partition Proceedings
			Introduction
			The Purpose of Rule 66
			What happens when an owner of a jointly owned property seeks to sell, but the other owners are unwilling?
			Rule 66.01(2) - The Children’s Lawyer
			Rule 66.02 - Form 66A
			Rule 66.03 - Proceeds Paid into Court & the Referee
		2. Other Sources about Partition/Sale of Land
			Other Relevant Rules
			Other Relevant Sources of Information
		3. Details and Cases about Partition/Sale of Land
			Partition Proceedings (R. 66) -- 1. Principles
A79 Rule 67 (Proceedings Concerning the Estates of Minors) 2022CanLIIDocs1056
	Rule 67 (Proceedings Concerning the Estates of Minors)
		1. Summary: Proceedings Concerning the Estates of Minors
			How to Start a Proceeding
			Supporting Document – Affidavit
			Where Consent is Required
		2. Other Sources about Proceedings
			Other Relevant Rules
			Other Sources
A80 Rule 68 (Proceedings for Judicial Review)2022CanLIIDocs1057
	Rule 68 – Proceedings for Judicial Review
		1. Summary: Proceedings for Judicial Review
			How Commenced
			Hearing date in divisional court
			Application Records and Factums
				Applicant
				Respondent
				Copies for Use of the Court
				Material may be Filed as Part of Record
				Transcript of Evidence
			Certificate of Perfection
			Dismissal for Delay
				Motion by Respondent
				Notice by Registrar
				Registrar to Dismiss where Default not Cured
				Review of Registrar’s Dismissal
			Automatic Dismissal by Registrar for Delay
			Exception, Party Under Disability
			Form of Order
			Order to be Served
			Order to Client
			Setting Aside
		2. Other Sources for Proceedings for Judicial Review
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Proceedings for Judicial Review
			Proceedings for Judicial Review (R. 68) – 1. Principles
			Proceedings for Judicial Review (R. 68) – 2. Application
A81 Rule 72 (Payment Into and Out of Court) 2022CanLIIDocs1058
	Rule 72 (Payment Into and Out of Court)
		1. Summary: Payment Into and Out of Court
			Introduction
			Payment Into Court – Rule 72.02
			Payment Out of Court: Introduction – Rule 72.03
			Payment Out of Court: Under Order or Report – Rule 72.03(2)
			Payment Out of Court: Consent – Rule 72.03(4)
			Payment Out of Court: Payment Out of Interest – Rule 72.03(5)
			Payment Out of Court: Consent by Insurer on Behalf of Party – Rule 72.03(6)
			Payment Out of Court: Minor Attaining Age of Majority – Rule 72.03(7)
			Payment Out of Court: Payment Directly to Lawyer – Rule 72.03(8)
			Payment Out of Court: Payment to Personal Representative - Rule 72.03(9)
			Payment Out of Court: Party Under Disability – Rule 72.03(10)
			Discharge of a Mortgage – Rule 72.04
			Stop Orders – Rule 72.05
		2. Other Sources about Payments Into and Out of Court
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Payment Into and Out of Court
			Payment into Court (R. 72.02)
			Payment out of Court (R. 72.03)
			Stop Order (R. 72.05)
A82 Rule 73 (Reciprocal Enforcement of United Kingdom Judgments) 2022CanLIIDocs1059
	Rule 73 (Reciprocal Enforcement of United Kingdom Judgments)
		1. Summary of Reciprocal Enforcement of United Kingdom Judgments
			Introduction
			The Rule Specifically for United Kingdom Judgments
			What Sort of Notice is Needed in the Application?
			What Supporting Documents Need to Accompany the Notice of Application?
			What Happens if the Application is Successful?
		2. Other Sources about Reciprocal Enforcement of United Kingdom Judgments
			Other Relevant Rules
			Other Sources of Information
		3. Cases about Reciprocal Enforcement of United Kingdom Judgments
A83 Rule 74 (Estates - Non-Contentious Proceedings) 2022CanLIIDocs1060
	Rule 74 (Estates — Non-Contentious Proceedings)
		1. Summary: Estates — Non-Contentious Proceedings
			Introduction
			Toronto Estates List Practice Direction & Its Application to Motions for Directions
			Other Pertinent Practice Directions
			Deposits of Wills and Codicils for Safekeeping
			Financial Interests
			Application for Certificate of Appointment of Estate Trustee
			Bonds
			Procedure on Applications for Certificates of Appointment of Estate Trustees
			Estate Administration Tax
			Issuance of Certificate of Appointment of Estate Trustee
			Authentication of Certificate of Appointment
			Confirmation of Estate Trustee
			Orders for Assistance
			Passing of Estate Accounts
		2. Other Sources about Estates — Non-Contentious Proceedings
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Estates — Non-Contentious Proceedings
			Estates — Non-Contentious Proceedings (R. 74) – 1. Request for Notice of Commencement of Proceeding
			Estates — Non-Contentious Proceedings (R. 74) – 2. Certificate of Appointment of Estate Trustee with or without a Will
			Estates — Non-Contentious Proceedings (R. 74) – 3. Certificate of Appointment of Foreign Estate Trustee’s Nominee as Estate Trustee without a Will
			Estates — Non-Contentious Proceedings (R. 74) – 4. Certificate of Appointment of Succeeding Estate Trustee with or without a Will
			Estates — Non-Contentious Proceedings (R. 74) – 5. Resealing Orders and Ancillary Appointments
			Estates — Non-Contentious Proceedings (R. 74) – 6. Certificate of Appointment of Estate Trustee during Litigation
			Estates — Non-Contentious Proceedings (R. 74) – 7. Bonds
			Estates — Non-Contentious Proceedings (R. 74) – 8. Applications to obtain a Certificate of Appointment of Estate Trustee prior to paying an estate administration tax deposit
			Estates — Non-Contentious Proceedings (R. 74) – 9. Issuance of Certificate of Appointment of Estate Trustee
			Estates — Non-Contentious Proceedings (R. 74) – 10. Orders for Assistance
			Estates — Non-Contentious Proceedings (R. 74) – 11. Form of Accounts
			Estates — Non-Contentious Proceedings (R. 74) – 12. Application to Pass Accounts
A84 Rule 75 (Estates - Contentious Proceedings) 2022CanLIIDocs1061
	Rule 75 (Estates – Contentious Proceedings)
		1. Summary: Estates – Contentious Proceedings
			Introduction
			Commencing Contentious Estates Proceedings
				Toronto Estates List Practice Direction
			Formal Proof of Testamentary Instrument
			Lost or Destroyed Wills
			Objecting to a Certificate of Appointment of Estate Trustee
			Revoking or Returning a Certificate of Appointment
			Seeking Directions from the Court
			Toronto Estates List
			Model Estates Orders Giving Directions
			Court Ordering Application to be Converted to Action
			Court Ordering Determination by Summary Judgment
			Seeking Directions about Mediation
			Where an Application has been Converted to an Action
			Submitting Rights to the Court
			Making a Monetary Claim Against an Estate
			Lawyer of Record
		2. Other Sources about Estates – Contentious Proceedings
			Other Relevant Rules
			Other Sources of Information
			Flowcharts for Rule 75
				Procedures for Dealing with Rule 75 Contested Matters
				Proceeding by Application or Motion for Directions
		3. Details and Cases about Estates – Contentious Proceedings
			Estates – Contentious Proceedings (R. 75) – 1. Formal Proof of Testamentary Instrument
			Estates – Contentious Proceedings (R.75) – 2. Proof of Lost or Destroyed Will
			Estates – Contentious Proceedings (R.75) – 3. Objection to Issuing Certificate of Appointment
			Estates – Contentious Proceedings (R.75) – 4. Revocation of Certificate of Appointment & 5. Return of Certificate
			Estates – Contentious Proceedings (R.75) – 6. Applications or Motions for Directions
			Estates – Contentious Proceedings (R.75) – 7. Procedure where Statement of Claim Served & 7.1 Submission of Rights to Court
			Estates - Contentious Proceedings (R. 75) – 8. Claims Against an Estate
A85 Rule 75.1 (Mandatory Mediation - Estates, Trusts and Substitute Decisions) 2022CanLIIDocs1062
	Rule 75.1 (Mandatory Mediation – Estates, Trusts and Substitute Decisions)
		1. Summary: Mandatory Mediation – Estates, Trusts and Substitute Decisions
			Introduction
		2. Other Sources about Mandatory Mediation - Estates, Trusts and Substitute Decisions
			Other Relevant Rules
			Other Sources of Information
			Flowchart for Rules 75.1 and 75.2
		3. Details and Cases about Mandatory Mediation - Estates, Trusts and Substitute Decisions
			Mandatory Mediation - Estates, Trusts and Substitute Decisions (R. 75.1)
			Mandatory Mediation - Estates, Trusts and Substitute Decisions (R. 75.1) - 2. Scope
			Mandatory Mediation - Estates, Trusts and Substitute Decisions (R. 75.1) - 3. Definitions & 4. Exemption from Mediation
			Mandatory Mediation - Estates, Trusts and Substitute Decisions (R. 75.1) - 5. Directions for Conduct of Mediation
A86 Rule 75.2 (Court-Ordered Estates Mediation) 2022CanLIIDocs1063
	Rule 75.2 (Court-Ordered Estates Mediation)
		1. Summary: Court-Ordered Estates Mediation
			Introduction
		2. Other Sources about Court-Ordered Estate Mediation
			Other Relevant Rules
			Other Sources of Information
			Flowchart for Rules 75.1 and 75.2
		3. Details and Cases about Court-Ordered Estates Mediation
A87 Rule 76 (Simplified Procedure) 2022CanLIIDocs1064
	1. Summary: Simplified Procedure
		Introduction
		Simplified Procedure is Unavailable for Certain Cases
		Simplified Procedure is Mandatory for Certain Cases
		Simplified Procedure is Optional in Any Other Case
		Action brought under Simplified Procedure may Continue under Ordinary Procedure
			Simple Claim
			Where Multiple Claims in an Action
		Amending Pleadings to Enter the Simplified Procedure
		Additional Requirements for Affidavits of Documents Under Simplified Procedure
		Limits on Examinations and Discovery under Simplified Procedure
		Motions under Simplified Procedure
		Mandatory Settlement Discussions under Simplified Procedure
		Setting an Action for Trial under Simplified Procedure
		Pre-Trial Conferences under Simplified Procedure
		Placing Simplified Procedure Matters on the Trial List
		Summary Trials under Simplified Procedure
		Limits on Costs Awards under Simplified Procedure
		Costs Consequences of Simplified Procedure
		Transition Rules
	2. Other Sources about Simplified Procedure
		Other Relevant Rules
		Other Sources of Information
		Flowchart for Rule 76
	3. Details and Cases about Simplified Procedure
		Simplified Procedure (R. 76) -- 1. Principles and Policy Behind the Rule
		Simplified Procedure (R. 76) -- 2. Availability of Simplified Procedure
		Simplified Procedure (R. 76) -- 3. Abandonment of Excess Claim
		Simplified Procedure (R. 76) -- 4. Effect of Counterclaim, Crossclaim, or Third Party Claim
		Simplified Procedure (R. 76) -- 5. Continuance under Simplified or Ordinary Procedure
		Simplified Procedure (R. 76) -- 6. Costs Consequences
A88 Rule 77 (Civil Case Management) 2022CanLIIDocs1065
	Rule 77 (Civil Case Management)
		1. Summary: Civil Case Management
			Introduction
			Purpose and General Principles
			Application
			Case Management Powers
			Assignment to Case Management
			Assignment to Individual Management by a Judge
			Motions
			Case Conferences
			Transition
		2. Other Sources about Case Management
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Case Management
B00 Courts of Justice Act
B01 Definitions, ss1-1.1 2022CanLIIDocs1066
	Courts of Justice Act, Sections 1-1.1: Definitions, Names and Titles
		1. Summary: Sections 1-1.1: Definitions, Names and Titles
			Definitions
			Actions and Applications
			Motions
			Regions
			Previous Names and Titles
		2. Other Sources about the Civil Justice System
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Definitions, Names and Titles
			Section 1(1) -- 1. Definition of Action
B02 Part I - Court of Appeal for Ontario - ss2-9 2022CanLIIDocs1067
	Part I – Court of Appeal for Ontario (Courts of Justice Act, ss. 2-9)
		1. Summary: Part I – Court of Appeal for Ontario
			Introduction & Section 2
			Section 3
			Sections 4 & 5
				Creating a Five Member Panel
			Section 6 & the difference between an “interlocutory” and “final” order
			Section 6 & questions of law, mixed fact and law
			Section 6 & appeals from an assessment of costs
			Section 6 & SLAPP orders
			Section 6(2) & 6(3)
			Section 6 updated April 19, 2021
			Section 7
			Section 8: What is a Reference?
			Section 9
		2. Other Sources: Part I – Court of Appeal for Ontario
			Other Relevant Rules
			Other Sources of Information
			Practice Direction
			Flowchart for Section 6 & 8 (Routes of Appeal)
		3. Details and Cases: Part I – Court of Appeal for Ontario
			Part I – Court of Appeal for Ontario -- 1. Section 2
			Part I – Court of Appeal for Ontario -- 2. Section 3: the composition of a hearing panel
			Part I – Court of Appeal for Ontario -- 3. Section 5: five member panels
			Part I – Court of Appeal for Ontario -- 4. Section 6: Interlocutory or Final Order
			Part I – Court of Appeal for Ontario -- 5. Section 6: Miscellaneous Jurisdiction Issues
			Part I – Court of Appeal for Ontario -- 6. Section 6: Courts of Justice Act interaction with another jurisdiction-conferring statute
			Part I – Court of Appeal for Ontario -- 7. Section 6: Criminal law-adjacent Matters
			Part I – Court of Appeal for Ontario -- 8. Section 6: Leave to Appeal Decision of the Divisional Court
			Part I – Court of Appeal for Ontario -- 9. Section 7(2), 7(3), and 7(4)
			Part I – Court of Appeal for Ontario -- 10. Section 7(5)
			Part I – Court of Appeal for Ontario -- 11. Section 8
B03 Part II - Court of Ontario ss10-17 2022CanLIIDocs1068
	Part II – Court of Ontario (Courts of Justice Act, ss. 10-17)
		1. Summary: Part II – Court of Ontario
			Introduction & Section 10
			The Constitutional Status of the Superior Court of Justice & Section 11
			Powers of the Superior Court of Justice
			Section 12
			Section 13
			Section 14
			Section 15
			Section 16
			Appeals to Superior Court of Justice & Section 17
		2. Other Sources about Part II – Court of Ontario
			Other Relevant Sections & Rules
			Other Sources of Information
		3. Details and Cases about Part II – Court of Ontario
			Part II – Court of Ontario -- 1. Section 10
			Part II – Court of Ontario -- 2. Section 11
			Part II – Court of Ontario -- 3. Section 12
			Part II – Court of Ontario -- 4. Section 13
			Part II – Court of Ontario -- 5. Section 14
			Part II – Court of Ontario -- 6. Section 15
			Part II – Court of Ontario -- 7. Section 17: Interlocutory or Final Order
			Part II – Court of Ontario -- 8. Section 17: Other Statutes/Statutory Provisions
			Part II – Court of Ontario -- 9. Section 17: Leave Required
B04 Divisional Court ss18–21 2022CanLIIDocs1069
	Divisional Court (Courts of Justice Act, ss 18–21)
		1. Summary: Jurisdiction of the Divisional Court
			Introduction
			What is the Divisional Court? (S. 18)
			Jurisdiction of the Divisional Court (What Proceedings go to the Divisional Court?)
			When Does Your Appeal go to the Divisional Court? (S. 19(1)-(1.2))
				A. Origin of Decision
				B. Type of Decision and Timing of Decision
			Combining Appeals to the Divisional Court (S. 19(2)-(3))
			Where Divisional Court Cases are Heard (S. 20)
				A. Place of Hearing - Appeals
				B. Place of Hearings – Other Proceedings
			How Divisional Court Cases are Heard (S. 21)
		2. Other Sources About Jurisdiction of the Divisional Court
			Other Relevant Rules of Civil Procedure
			Other Sources of Jurisdiction
				A. Appealing Tribunal Decisions to the Divisional Court
				B. Additional Statutory Sources of Jurisdiction
			Other Sources of Information About the Divisional Court
			Flowchart for Appeals to the Divisional Court Under S. 19 of the CJA
		3. Details and Cases About Divisional Court
			Divisional Court (S. 18) – Panel Court of Appeal Reconstituting as Divisional Court
			Divisional Court (S. 19(1)(a)) – Jurisdiction to Hear Appeals From Final Orders
			Divisional Court (S. 19(1)(b)) – Jurisdiction to Hear Appeals From Interlocutory Orders
			Divisional Court (S. 19(1)(c)) – Standard of Review of Final Orders by Masters
			Divisional Court (S. 19(1.1), s. 19(1.2)) – Jurisdiction to Hear Appeals Due to Value of Order
			Divisional Court (S. 20) – Place of Hearing
			Divisional Court (S. 21) – Composition of Court
			Divisional Court (S. 21(5)) – Composition of Court
			Divisional Court – Jurisdiction to Hear Proceedings Other Than Appeals
			Divisional Court – Examples of Jurisdiction From Statutes Other than the CJA
B05 Small Claims Court 2022CanLIIDocs1070
	Courts of Justice Act: Small Claims Court
		1. Summary: Small Claims Court
			Introduction
			Overview
			Jurisdiction
			Interest
			Cases Outside of Small Claims Court Jurisdiction
			Transferring a Case from Superior Court of Justice to Small Claims Court
			Transferring a Case to the Superior Court of Justice from Small Claims Court
			Composition of the Court for Hearings
			Summary Hearings
			Questions of Law
			Discovery of Evidence
			Just and Good Conscience
			Representation
			Evidence
			Hearsay
			Instalment Orders
			Limit on Costs
			Offers to Settle
			Self-represented Party – Costs
			Contempt Hearing for Failure to Attend Examination
			Appeals
			Deputy Judges
		2. Other Sources about Small Claims Court
			Other Relevant Sections
			Additional References and Links
		3. Details and Cases about Small Claims Court
			Small Claims Court – 1. Introduction and Overview
			Small Claims Court – 2. Jurisdiction
			Small Claims Court – 3. Composition of the Court for Hearings
			Small Claims Court – 4. Summary Hearings
			Small Claims Court – 5. Representation
			Small Claims Court – 6. Evidence
			Small Claims Court – 7. Hearsay Admissibility
			Small Claims Court – 8. Limit on Costs
			Small Claims Court – 9. Appeals
B06 Ontario Judicial Council ss49 2022CanLIIDocs1071
	Courts of Justice Act: Section 49 (Ontario Judicial Council)
		1. Summary: Ontario Judicial Council
			Section 49
				Composition of OJC
				Appointment of OJC members
				Chairs
				What is open to the public?
				What happens if a member does not serve their complete term?
				Quorum and Composition requirements
				What does subcommittee do?
				What does the review panel do?
				Holding a hearing
				Rules that apply to the hearing
				Prohibition of certain members of OJC on hearing panel
				Support for the OJC
				Confidentiality
				Protection from liability
				Renumeration
			Section 50
			Section 51
			Section 51.1
				Legislation Act, 2006
				Statutory Powers Procedure Act
			Section 51.2
			Section 51.3
			Section 52
		2. Other Sources about the Ontario Judicial Council
		3. Details and Cases about the Ontario Judicial Council
B07 Civil Rules Committees and Civil Rules ss65-66 2022CanLIIDocs1072
	Courts of Justice Act, Sections 65-66: Civil Rules Committees and Civil Rules
		1. Summary: Rules of Court
			Introduction
			Civil Rules Committee
			Civil Rules
			Access to Justice
		2. Other Sources about the Civil Rules Committee and Civil Rules
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Rules of Court
B08 Administration of the Courts ss71-79.3 2022CanLIIDocs1073
	Courts of Justice Act: Sections 71-79.3 (Administration of the Courts)
		1. Summary
			Section 71
			Section 72
			Section 73
			Section 74
			Section 75
			Section 76
			Section 77
				Scope of Memoranda of Understanding between the Attorney General and Chief Justices
				Publication of Memoranda of Understanding between the Attorney General and Chief Justices
			Section 78
				Council Members
			Section 79.1
				Figure 1 – Ontario Superior Court of Justice locations organized into eight judicial regions
				Figure 2 – Ontario Court of Justice locations organized into seven judicial regions
			Section 79.2
				Committee’s Function
				Annual Committee Meetings and Membership
			Section 79.3
				Purpose of the Report
				Contents of the Report
				Availability of the Report
		2. Other Sources about Administration of the Courts
			Other Sources for Sections 71-79.3
			Other Sources Relating to Section 77
			Other Sources Relating to Section 79.2
			Other Sources Related to Section 79.3
		3. Details and Cases about the Administration of the Court
			Details and Cases Related to Section 77 of the Courts of Justice Act
				Section 77 Memoranda of Understanding – Preamble
				Section 77 Memoranda of Understanding – Commencement, Review, and Amendment
				Section 77 memoranda of understanding – History and Significance
			Details and Cases Relating to Section 78
			Details and Cases Related to Section 79.3
				Figure 1 – Comparison of the Structure and Content of the Inaugural Section 79.3 Annual Reports
				Evolution of the Structure and Content
					Figure 2 – Comparing the Structure, Evolution, and Content of Section 79.3 Annual Reports after the Inaugural Report
				Report Highlights and Themes by Year
					Figure 3 – Report Highlights by Year for the Superior Court of Justice
					Figure 4 – Report Highlights by Year for the Ontario Court of Justice
				Cases
B09 Part VI Judges and Officers 2022CanLIIDocs1074
	Part VI (Judges and Officers)
		1. Summary: Judges and Officers
		2. Other Sources about Judges and Officers
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Judges and Officers
			Judges and Officers (s. 81) -- 1. Persona designata abolished
			Judges and Officers (s. 82) -- 2. Liability of judges and other officers
			Judges and Officers (s. 84) -- 3. Extra-judicial services
			Judges and Officers (s. 86) -- 4. How certain judges to be addressed
			Judges and Officers (s. 89) -- 5. Children’s Lawyer
			Judges and Officers (s. 90) -- 6. Assessment officers
			Judges and Officers (s. 91) -- 7. Officers of court
			Judges and Officers (s. 93) -- 8. Money held by officer of court
B10 Common Law and Equity ss95-100 2022CanLIIDocs1075
	Common Law & Equity: ss 95-100, Courts of Justice Act, RSO 1990 c C 43
		1. Summary: Sections 95-100
			Introduction
			Part VII Applies to civil proceedings (and some criminal & some provincial offences proceedings)
			Common law and equity: application of rules of law and equity by the court
			Declaratory orders
			The court may grant relief against penalties and forfeitures
			Court may award damages (money) in substitution for injunction or specific performance
			Vesting Orders
		2. Other Sources about Common Law & Equity
			Other Relevant Rules
			Other Sources of Information:
		3. Details and Cases about Common Law & Equity
			Common Law & Equity (s 95) -- 1. Application of Part
			Common Law & Equity (s 96) -- 2. Rules of Law and Equity
			Common Law & Equity (s 97) -- 3. Declaratory Orders
			Common Law & Equity (s 98) -- 4. Relief Against Penalties (General)
			Common Law & Equity (s 98) -- 5. Relief Against Penalties (Insurance)
			Common Law & Equity (s 98) -- 6. Relief Against Penalties (Real Estate/Tenancies)
			Common Law & Equity (s 98) -- 7. Relief Against Penalties (Miscellaneous)
			Common Law & Equity (s 99) -- 8. Damages in substitution for injunction or specific performance
			Common Law & Equity (s 100) -- 9. Vesting orders
B11 Injunctions and Receivers ss101 2022CanLIIDocs1076
	Courts of Justice Act: Section 101 (Injunctions and Receivers)
		1. Summary: Injunctions and Receivers
			Introduction
			When a Judge can make an Interlocutory Order (Jurisdiction)
			General Types of Interlocutory Orders
			Specific Types of Interlocutory Orders
		2. Other Sources about Injunctions and Receivers
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Injunctions and Receivers
			Injunctions and Receivers (S. 101) – 1a. General Principles
			Injunctions and Receivers (S. 101) – 1b. General Principles – Interlocutory Orders against Unknown or Unnamed Parties, and Non-Parties
			Injunctions and Receivers (S. 101) – 1c. General Principles – General Examples
			Injunctions and Receivers (S. 101) – 2. Test for Mandatory Interlocutory Orders
			Injunctions and Receivers (S. 101) – 3. Test for Interlocutory Appointment of Receivers, and Receiver and Managers
			Injunctions and Receivers (S. 101) – 4. Interlocutory Orders – Enforcement of Restrictive Covenants
			Injunctions and Receivers (S. 101) – 5. Interlocutory Orders – Enforcing other Contractual Rights
			Injunctions and Receivers (S. 101) – 6. Interlocutory Orders – Enforcement of Patents
			Injunctions and Receivers (S. 101) – 7. Interlocutory Orders – Enforcement of Confidential Information
			Injunctions and Receivers (S. 101) – 8. Interlocutory Orders - Defamation
			Injunctions and Receivers (S. 101) – 9. Interlocutory Injunctions to Restrain the Disposition of Assets Pending Trial – Mareva Injunctions – Freezing Orders
			Injunctions and Receivers (S. 101) – 10. Interlocutory Orders to Search for and Restrain the Destruction of Evidence – Anton Piller Orders – Civil Search Orders
			Injunctions and Receivers (S. 101) – 11. Bill of Discovery – Norwich Order
			Injunctions and Receivers (S. 101) – 12. Anti-Suit Injunctions
			Injunctions and Receivers (S. 101) – 13. Interlocutory Injunctions and Charter Litigation
			Injunctions and Receivers (S. 101) – 14. Interlocutory Orders Against the Crown
			Injunctions and Receivers (S. 101) – 15. Interlocutory Injunctions and Municipalities
			Injunctions and Receivers (S. 101) – 16. Interlocutory Injunctions and Medical Treatment
B12 Injunction in Labour Dispute ss102 2022CanLIIDocs1077
	Section 102 (Injunction in Labour Dispute)
		1. Summary: Injunction in Labour Dispute
			Introduction
		2. Other Sources about Injunctions in Labour Disputes
			Other Sources of Information
		3. Details and Cases about Injunctions in Labour Disputes
			Injunction in Labour Dispute (s. 102) – 1. Definition of Labour Dispute
			Injunction in Labour Dispute (s. 102) – 2.  Secondary Picketing
			Injunction in Labour Dispute (s. 102) – 3. Where Notice is Not Necessary
			Injunction in Labour Dispute (s. 102) – 4. Placing Restrictions on Injunction Orders
			Injunction in Labour Dispute (s. 102) – 5. Inclusion of Hearsay Evidence
B13 Interlocutory Orders Pt. 2 ss103-105 2022CanLIIDocs1078
	Interlocutory Orders Pt. 2 (Courts of Justice Act, ss. 103-105)
	Certificate of Pending Litigation (Courts of Justice Act, s. 103)
		1. Summary: The Certificate of Pending Litigation
			Introduction
			Damages
			Discharging a CPL
		2. Other Sources about Certificates of Pending Litigation
			Other Relevant Rules
			Other Sources
		3. Details and Cases about Certificates of Pending Litigation
			Generally
			Damages as Alternative
			Liability for Registration
			Interest in Land
			Delay
			Discretion
			Certificate Vacated
			Security
			Practice
	Interim Recovery of Personal Property (Courts of Justice Act, s. 104)
		1. Summary: The Interim Order for the Preservation of Property
			Introduction
		2. Other Sources about Interim Recovery of Personal Property
			Other Relevant Rules
			Other Sources
		3. Details and Cases about Interim Recovery of Personal Property
	Medical Examination of a Party (Courts of Justice Act, s. 105)
		1. Summary: Medical Examination of a Party
			Introduction
			“Health Practitioner”
			When a Medical Examination may be Ordered
			Further Examinations
		2. Other Sources about Medical Examinations of Parties
			Other Relevant Rules
			Other Sources
		3. Details and Cases about Medical Examinations of Parties
			Generally
			Further Examinations
B14 Stay of Proceedings ss106 2022CanLIIDocs1079
	Section 106 (Stay of Proceedings)
		1. Summary: Stay of Proceedings
			Introduction
			“On its own initiative”
			“On motion by any person”
			“On such term as are considered just”
		2. Other Sources about Stay of Proceedings
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Stay of Proceedings
			Stay of Proceedings (s 106) -- 1. Principles
			Stay of Proceedings (s 106) -- 2. Jurisdiction of Courts to Stay Proceedings
			Stay of Proceedings (s 106) -- 3. Staying Proceedings in favour of Forum Chosen by the Parties (Forum Selection Clauses)
			Stay of Proceedings (s 106) -- 4. Stay of Proceedings in cases of Parallel Criminal Matters
			Stay of Proceedings (s 106) -- 5. Staying Proceedings in cases of Parallel Civil Matters
			Stay of Proceedings (s 106) -- 6. Staying Proceedings pending Appeal
B15 Consolidation of Proceedings in Different Courts ss107 2022CanLIIDocs1080
	Courts of Justice Act s. 107: Consolidation of Proceedings in Different Courts
		1. Summary: Consolidation of Proceedings in Different Courts
			Introduction
			Powers of the Court: Consolidation Options
			Transfers from Small Claims Court
			Asserting a Claim as a Counter Claim in One of the Actions
			Powers of the Court: General
		2. Other Sources about Consolidation of Proceedings in Different Courts
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Consolidation of Proceedings in Different Courts
			Section 107(1)(a)-(c): Introduction to Consolidation of Proceedings in Different Courts
			Section 107(1)(d)-(e):  Powers of the Court - Consolidation Options
			Section 107(2) – (3): Transfers from Small Claims Court
			Section 107(4) – (7): Powers of the Court in Consolidation of Proceedings in Different Courts
B16 Procedural Matters ss108-123 2022CanLIIDocs1081
	Sections 108-123 of the Courts of Justice Act – Procedural Matters
		1. Summary: Procedural Matters
			Introduction to Procedural Matters
			Jury Trials (s. 108)
				Jury Trials: Overview
				Jury Trials: When Applicable (ss. 108(1)-(2))
				Jury Trials: Striking a Jury Notice (s. 108(3))
				Jury Trials: Composition of Jury (s. 108(4))
				Jury Trials: Verdicts (s. 108(5)-(6), 108(9)-(10))
				Jury Trials: Discharge of Juror and Continuation (s. 108(7)-(8))
			Notice of Constitutional Question (s. 109)
				Notice of Constitutional Question: Overview
				Notice of Constitutional Question: When Required (ss. 109(1), 109(3) and 109(6))
				Notice of Constitutional Question: Failure to Give Notice (s. 109(2))
				Notice of Constitutional Question: Form and Time of Notice (ss. 109(2.1)-(3))
				Notice of Constitutional Question: Right of Attorney Generals to be heard and to appeal (s. 109(4)-(5))
			Proceeding in the Wrong Forum (s. 110)
			Set off (s. 111)
			Investigation and report of Children’s Lawyer (s. 112)
			Agreement preventing third party claim or crossclaim (s. 113)
			Agreement as to place of hearing (s. 114)
			Security (s. 115)
			Periodic payment and review of damages (s. 116)
			Periodic payment, medical malpractice actions (s. 116.1)
			Assessment of damages (s. 117)
			Guidance and submissions (s. 118)
			Power of court on appeal (s. 119)
			Advance payments (s. 120)
			Foreign money obligations (s. 121)
			Actions for accounting (s. 122)
			Judge’s retirement, etc. inability or failure to give decision (s. 123)
				Judge’s retirement, etc. inability or failure to give decision: Overview
				Judge’s retirement, etc. inability or failure to give decision: Definition (s. 123(1)-(1.1)
				Judge’s retirement, etc. inability or failure to give decision: Decision after retirement etc. (s. 123(2)
				Judge’s retirement, etc. inability or failure to give decision: Inability to give decision (ss. 123(3)-(4))
				Judge’s retirement, etc. inability or failure to give decision: failure to give decision and continued failure (ss. 123(5)-(6))
				Judge’s retirement, etc. inability or failure to give decision: rehearing (s. 123(7))
		2. Other Sources about Procedural Issues
			Other Relevant Rules or Section
			Other Sources of Information
		3. Details and Cases about Procedural Issues
			Procedural Matters – 1A. Jury Trials: When Applicable (s. 108(1)-(2))
			Procedural Matters – 1B. Jury Trials: Striking a Jury (s. 108(3))
			Procedural Matters – 1C. Jury Trials: Composition of Jury (s. 108(4))
			Procedural Matters – 1D. Jury Trials: Jury Verdict (s. 108(5)-(6), 108(9)-(10))
			Procedural Matters – 1E. Jury Trials: Discharge (s. 108(7)-(8))
			Procedural Matters – 2A. Notice of Constitutional Question: When Required (s. 109(1), 109(3) and 109(6))
			Procedural Matters – 2B. Notice of Constitutional Question: Failure to Give Notice (s. 109(2))
			Procedural Matters – 2C. Notice of Constitutional Question: Form and Time of Notice (s. 109(2.1))
			Procedural Matters – 2D. Notice of Constitutional Question: Right of Attorney Generals to be heard and to appeal (s. 109(4)-(5))
			Procedural Matters – 3. Proceeding in the Wrong Forum (s. 110)
			Procedural Matters – 4. Set off (s. 111)
			Procedural Matters – 5. Investigation and report of Children’s Lawyer (s. 112)
			Procedural Matters -- 6. Agreement preventing third party claim or crossclaim (s. 113)
			Procedural Matters -- 7. Agreement as to place of hearing (s. 114)
			Procedural Matters -- 8. Security (s. 115)
			Procedural Matters – 9A. Periodic payment and review of damages (s. 116)
			Procedural Matters – 9B. Periodic payment, medical malpractice actions (s. 116.1)
			Procedural Matters –  10. Assessment of damages (s. 117)
			Procedural Matters – 11. Guidance and submissions (s. 118)
			Procedural Matters -- 12. Power of court on appeal (s. 119)
			Procedural Matters -- 13. Advance payments (s. 120)
			Procedural Matters -- 14. Foreign money obligations (s. 121)
			Procedural Matters -- 15. Actions for accounting (s. 122)
			Procedural Matters -- 16. Judge’s retirement, etc. inability or failure to give decision (s. 123)
B17 Official Languages of the Courts s125 2022CanLIIDocs1082
	Section 125 of the Courts of Justice Act (Official Languages of the Courts)
		1. Summary: Official Languages of the Courts
		2. Other Sources about Official Languages of the Courts
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Official Languages of the Courts
			Language (Section 125) – 1. Principles
			Language (Section 125) – 2. Application
			Language (Section 125) – 3. Costs
	Section 126 of the Courts of Justice Act (Use of French)
		1. Summary: Use of French
			Documents That May Be Written in French
			Translation
			Interpretation
			Bilingual Proceedings
			Bilingual Juries
			Prosecutions
			Appeals
			Parties Who Are Not Natural Persons
			Regulations
			Ontario Regulation 53/01
			Transition
		2. Other Sources about the Use of French
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about the Use of French
			Use of French (Section 126) – 1. Principles
			Use of French (Section 126) – 2. Application
			Use of French (Section 126) – 3. Costs
			Use of French (Section 126) – Other
B18 Interest and Costs ss127-131 2022CanLIIDocs1083
	Sections 127-131 of the Courts of Justice Act (Interest and Costs)
		1. Summary: Interest and Costs
			Introduction
		2. Other Sources about Interest and Costs
			Other Relevant Rules
			Other Sources of Information
			Charts for Calculating Prejudgment and Postjudgment Interest
		3. Details and Cases about Prejudgment and Postjudgment Interest
			Interests and Costs (CJA 127 – 131) -- Prejudgment and Postjudgment Interest – Generally
			Interests and Costs (CJA 127 – 131) -- Prejudgment Interest
			Interests and Costs (CJA 127 – 131) -- Postjudgment Interest
			Interests and Costs (CJA 127 – 131) -- Costs
B19 Appeals ss132-134 2022CanLIIDocs1084
	Sections 132-134 of the Courts of Justice Act (Appeals)
		1. Summary: Appeals
			Introduction
			The Foundation of Appellate Review
			Permission Required to Appeal
			Powers of an appellate court
			Power to make an order before reaching a decision
			Powers to stop an appeal before it is heard
			Powers with respect to facts
			Scope of the powers in subsections (1) through (4)
			Restriction on orders for a new trial
			The scope of the restriction on orders for a new trial
		2. Other Sources about Appeals
			Other Relevant Sections of the Courts of Justice Act
			Other Relevant Rules of Civil Procedure
			Other Sources of Information
		3. Details and Cases about Appeals
			Appeals (s. 132) --   Judges do not have jurisdiction to hear their own appeal
			Appeals (s. 133(a)) --   Appeals from Consent Orders – Generally
			Appeals (s. 133(a)) --   Appeals from Consent Orders – Orders involving children
			Appeals (s. 133(b)) --   Appeals from Costs – Procedure
			Appeals (s. 133(b)) --   Appeals from Costs – When leave may be granted
			Appeals (s. 133(b)) --   Appeals from Costs – Effect of no reasons
			Appeals (s. 133(b)) --   Appeals from Costs – General entitlement to make submissions
			Appeals (s. 133(b)) --   Appeals from Costs - What is a costs order?
			Appeals (s. 133(b)) --   Appeals from Costs – Exceptions where leave not required
			Appeals (s. 134) --   Standard of Review – General
			Appeals (s. 134) --   Standard of Review – Particular Circumstances – Bankruptcy Proceedings
			Appeals (s. 134) --   Standard of Review – Particular Circumstances – Class Actions
			Appeals (s. 134) --   Standard of Review – Particular Circumstances – Costs
			Appeals (s. 134) --   Standard of Review – Particular Circumstances – Contract
			Appeals (s. 134) --   Standard of Review – Particular Circumstances – Damages
			Appeals (s. 134) --   Standard of Review – Particular Circumstances – Discretionary Decisions
			Appeals (s. 134) --   Standard of Review – Particular Circumstances – Family Law
			Appeals (s. 134) --   Standard of Review – Particular Circumstances – Juries
			Appeals (s. 134) --   Standard of Review – Particular Circumstances – Miscellaneous
			Appeals (s. 134) --   Jury Verdicts – Standard of Review
			Appeals (s. 134) --   Jury Verdicts – Damages
			Appeals (s. 134) --   Jury Verdicts – Jury Directions
			Appeals (s. 134) --   Jury Verdicts – Miscellaneous
			Appeals (s. 134) --   Insufficient Reasons
			Appeals (s. 134) --   New Legal Arguments on Appeal
			Appeals (s. 134) --   Stare Decisis
			Appeals (s. 134(1)(b) –   Powers on Appeal – Order a New Trial
			Appeals (s. 134(1)(c)) --   Powers on Appeal – Any Other Order or Decision That Is Considered Just
			Appeals (s. 134(2)) --   Interim Orders
			Appeals (s. 134(3)) --   Quashing – Mootness
			Appeals (s. 134(3)) --   Quashing – Devoid of Merit
			Appeals (s. 134(4)(a)) --   Determination of Fact – Inferences by an Appellate Court
			Appeals (s. 134(4)(b)) --   Determination of Fact – Introducing Fresh Evidence on Appeal – The Test
			Appeals (s. 134(4)(b)) --   Determination of Fact – Introducing Fresh Evidence on Appeal – Exceptions
			Appeals (s. 134(6)) –   Ordering a New Trial – General
			Appeals (s. 134(6)) –   Ordering a New Trial – Insufficient Reasons
			Appeals (s. 134(6)) --   Ordering a New Trial – Denial of Opportunity to Be Heard; Reasonable Apprehension of Bias
			Appeals (s. 134(6)) --   Ordering a New Trial – Interference by Trial Judge
			Appeals (s. 134(6)) --   Ordering a New Trial – Misdirection of Jury
			Appeals (s. 134(6)) --   Ordering a New Trial – Previously Unavailable Evidence
			Appeals (s. 134) --   Miscellaneous
B20 Public Access ss135-137 2022CanLIIDocs1085
	Sections 135-137 of the Courts of Justice Act (Public Access)
		1. Summary: Public Access
			Introduction
		2. Other Sources about Public Access
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Public Access
			Public Access (S. 135) – 1. Public Hearings
			Public Access (S. 136) – 2. Prohibitions against visual and aural recordings at court hearing
			Public Access (S. 137) – 3. Public documents and sealing orders
B21 Prevention of Proceedings That Limit Freedom of Expression on Matters of Public Interest - Gag Proceedings ss137.1-137.5 2022CanLIIDocs1086
	Sections 137.1-137.5 (Prevention of Proceedings That Limit Freedom of Expression on Matters of Public Interest [Gag Proceedings])
		1. Summary: Prevention of Gag Proceedings
			Introduction
			The Test to Meet on the Motion
			Impact on Progression of Action
			Monetary Consequences: Costs and Damages
			Commencement and Timing of Motion
			Timing of Appeal
			Impact on Administrative Proceedings
			Applicability of These Sections
		2. Other Sources About Prevention of Gag Proceedings
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases About Prevention of Gag Proceedings
			Gag Proceedings (ss. 137.1-137.5) -- 1. Purpose
			Gag Proceedings (ss. 137.1-137.5) -- 2. Jurisdiction
			Gag Proceedings (ss. 137.1-137.5) -- 3a. Moving Party’s Burden -- Causation
			Gag Proceedings (ss. 137.1-137.5) -- 3b. Moving Party’s Burden -- Expression
			Gag Proceedings (ss. 137.1-137.5) -- 3c. Moving Party’s Burden -- Matters of Public Interest
			Gag Proceedings (ss. 137.1-137.5) -- 4a. Responding Party’s Burden -- Grounds to Believe
			Gag Proceedings (ss. 137.1-137.5) -- 4b. Responding Party’s Burden -- Substantial Merit
			Gag Proceedings (ss. 137.1-137.5) -- 4c. Responding Party’s Burden -- No Valid Defence
			Gag Proceedings (ss. 137.1-137.5) -- 4d. Responding Party’s Burden -- Sufficiently Serious Harm
			Gag Proceedings (ss. 137.1-137.5) -- 5. Timing -- Motion
			Gag Proceedings (ss. 137.1-137.5) -- 6. Timing -- Appeal
			Gag Proceedings (ss. 137.1-137.5) -- 7. Stay of Administrative Proceedings
			Gag Proceedings (ss. 137.1-137.5) -- 8. Damages
			Gag Proceedings (ss. 137.1-137.5) -- 9. Costs
B22 Court Proceedings Miscellaneous ss138-151.5 2022CanLIIDocs1087
	Court Proceedings (Miscellaneous), Enforcement of Certain Trade Agreements, and Miscellaneous: ss 138-151.5, Courts of Justice Act
		1. Summary: Court Proceedings (Miscellaneous), Enforcement of Certain Trade Agreements, and Miscellaneous
			Introduction
			Courts Must Avoid Multiple Proceedings Arising from One Set of Facts
			Joint Liability (Two or More Parties Found to Be at Fault) Not Changed by Judgment or Release
			What are Vexatious Proceedings?
			Can a person who has been declared a vexatious litigant start a new lawsuit?
			Sheriff Enforces Civil Orders (Accompanied by Police When Needed)
			Protection for Persons Following an Order or Court Process
			Process for Enforcing Bonds, Recognizances, Fines for Contempt of Court and Writs
			Certain Civil Orders Enforced by Police not Sheriff
			Where a Consul can Act as Official Representative of Foreign Resident
			Availability of Court to Decide own Procedures Where Not Expressed
			The “Seal” of the Court
			Jurisdiction of the Federal Court
			The Agreement on Internal Trade, the Canadian Free Trade Agreement and Other Domestic Agreements: Enforcement & Procedure
			Service Providers who Provide Family Law Mediation and Information Services Under Agreement with Ontario
			What Does “County” Mean?
			Meaning of “County” “District” etc. has not changed
		2. Other Sources about ss 138-151.1
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about: Civil Proceedings (Miscellaneous), Enforcement of Certain Trade Agreements, and Miscellaneous
			Multiplicity of Proceedings (S 138)
			Joint liability not affected by judgment or release (s 139)
			Vexatious Proceedings (s 140)
			Civil Orders directed to sheriffs – Police to assist sheriff (s 141)
			Protection for Acting Under Court Order (S 142)
			Enforcement (S 143)
			Orders Enforceable by Police (S 144)
			Where procedures not provided (s 146)
			References to counties for judicial purposes (s 151)
C00 Limitations Act
C01 Chapter 1 2022CanLIIDocs1088
	Limitations Act, 2002, S.O. 2002, c.24, Schedule B
		1. Summary: Limitations Act, 2002
			Introduction
			The “Act” and Explanatory Notes
		2. Other Sources about Limitations Act, 2002
			Relevant Rules from the Rules of Civil Procedure
			Other Sources of Information
		3. Details and Cases about Amendment of Pleadings
			Limitations Act, 2002 Section 1 - Definitions
			Limitations Act, 2002 Section 2- Application
			Limitations Act, 2002 Section 3- Crown
			Limitations Act, 2002 Section 4- Basic Limitation Period
			Limitations Act, 2002 Section 5- Discovery
			Limitations Act, 2002 Section 15- Ultimate Limitation Period
			Limitations Act, 2002 Section 16- No Limitation Period
			Limitations Act, 2002 Section 17- Undiscovered Environmental Claims
			Limitations Act, 2002 Section 18- Contribution and Indemnity
			Limitations Act, 2002 Section 19- Other Acts, etc.
			Limitations Act, 2002 Section 20- Statutory Variation of Time Limits
			Limitations Act, 2002 Section 21- Adding Party
			Limitations Act, 2002 Section 22- Limitation Periods Apply Despite Agreements
			Limitations Act, 2002 Section 23- Conflict of Laws
			Limitations Act, 2002 Section 24- Transitions
C02 Chapter 2 2022CanLIIDocs1089
	Appointment of Litigation Guardians & Incapable Persons
		1. Summary: Appointment of Litigation Guardians and Incapable Persons
			Introduction
		2. Other Sources about Appointment of Litigation Guardians and Incapable Persons
			Other Relevant Rules
			Other Sources of Information
		3. Details and Cases about Appointment of Litigation Guardians and Incapable Persons
			Section 6: Minors
			Section 7: Incapable Persons
			Section 8: Litigation Guardians
			Section 9: Appointment of Litigation Guardian on Application or Motion by Potential Defendant
C03 Chapter 3 2022CanLIIDocs1090
	Attempted Resolutions, Successors, Acknowledgments, and Notices of Possible Claim
		1. Summary: Attempted Resolutions, Successors, Acknowledgments, and Notices of Possible Claim
			Introduction
		2. Other Sources about Attempted Resolutions, Successors, Acknowledgments, and Notices of Possible Claim
			Other Relevant Statutes
			Other Sources of Information
		3. Details and Cases about Attempted Resolutions, Successors, Acknowledgments, and Notices of Possible Claim
			Section 11: Attempted Resolution
			Section 12: Successors
			Section 13: Acknowledgments
			Section 14: Notice of Possible Claim
D01 Glossary 2022CanLIIDocs1091
	CPPO Glossary
		Absentee (noun)
		Abuse of process (noun)
		Action (noun)
		Adjournment (noun)
		Administrative Tribunal (noun)
		Administrator (noun)
		Admissibility (noun)
		Admission (noun)
		A deliberate concession to the other party, clearly asserting that it does not dispute the truth of a particular fact, or the authenticity of a particular document.
		Adverse Claim (noun)
		Affidavit (noun)
		Affidavit of documents (noun)
		Affidavit of Service (noun)
		Affidavit on information and belief (noun)
		Affirmation (noun)
		Agent (noun)
		Aggravated Damages (noun)
		Allegation (noun)
		Alternative Dispute Resolution (ADR) (noun)
		Alternative to Personal Service (noun)
		Appeal (noun)
		Appellant (noun)
		Applicant (noun)
		Application (noun)
		Application Record (noun)
		Arbitration (noun)
		Assignment (verb)
		Assignee
		Assignor
		Backsheet (noun)
		Bad faith (noun)
		Balance of Convenience (noun)
		Balance of Probabilities (noun)
		Beneficial Interest (noun)
		Beneficiary (noun)
		Bifurcate (noun)
		Bona Fide (adjective/adverb)
		Bond (noun)
		Burden of proof (noun)
		Business Names Act, R.S.O. 1990, c. B.17
		Case Conference (noun)
		Case management (noun)
		Cause of Action (noun)
		Certified Copy (noun)
		Certificate of Pending Litigation
		Charge
		Civil Contempt (noun)
		Claim (noun)
		Claim for Relief (noun)
		Class (noun)
		Clerk (noun)
		Close of Pleadings (noun)
		Codicil (noun)
		A legal document that explains or modifies a will or parts of it.
		Compensatory damages (plural noun)
		Commissioner of Oaths (noun)
		Conference (noun)
		Conference Brief (noun)
		Confirmation of Application:
		Consolidation (noun)
		Contempt of court (noun)
		Contribution (noun)
		Conveyance (verb)
		Correctness (noun)
		Corporation (noun)
		Costs (noun)
		Costs on a solicitor and his own client scale (noun)
		Counterclaim (noun)
		Credibility (of a witness) (noun)
		Creditor (noun)
		Criminal contempt (noun)
		Cross-appeal (noun)
		Crossclaim (noun)
		Cross-examination (noun)
		Cross-Motion (noun)
		Cy pres order (noun)
		Damages (noun)
		Debtor (noun)
		Deem (verb)
		Defendant (noun)
		Default (noun)
		Default judgment (noun)
		Deliver (noun)
		Deponent (noun)
		Decision on the Merits (noun)
		Direct Examination (noun)
		Disbursements (noun)
		Discharge
		Disclosure (noun)
		Discovery (noun)
		Discovery Plan  (noun)
		Discretion (noun)
		Dismiss (verb)
		Divisional Court
		Doctrine of Laches (noun)
		Duty of Care
		Electronic Document Exchange
		Endorsement (noun)
		Enforcement Order (noun)
		Equity of Redemption
		Estate (noun)
		Estate Trustee
		Examination for Discovery (noun)
		Exclusionary Rule (noun)
		Executor (noun)
		Exhibit (noun)
		Ex Parte Motion (noun)
		Expert witness (noun)
		Factum (noun)
		Fiduciary (noun and adjective)
		File (verb)
		Forum Conveniens (noun)
		Frivolous (noun)
		Functus Principle (functus officio) (adjective)
		Garnishment (noun)
		General Partner (noun)
		Guarantor
		Hearing (noun)
		Hearsay (noun)
		Impeach (verb)
		Improvident Sale
		Indemnification (noun)/ to indemnify (verb)
		Indemnity (noun)
		Inherent Jurisdiction (noun)
		Injunction (noun)
		Inspection (noun)
		Interest in the action (noun)
		Interlocutory (adjective)
		Interlocutory/Interim Injunction
		Intervener (noun)
		Intestacy (noun)
		In camera
		Issue (noun)
		Issue (verb)
		Joinder (noun)
		Judgment (noun)
		Judicial Review (noun)
		Jurisdiction (noun)
		Jury Trial (noun)
		Lawyer of Record
		Leave (noun)
		Letter of Administration
		A certificate issued by the court that gives a person the authority to manage and distribute the deceased person’s estate who died intestate (without a will). In Ontario, this certificate is now referred to as a Certificate of Appointment of Estate Tr...
		Letter of Probate
		A certificate issued by the court that gives the executor the authority to manage and distribute the deceased person’s estate who died with a will. In Ontario, this certificate is now referred to as a Certificate of Appointment of Estate Trustee, whic...
		Limited Liability Partnership (noun)
		Limited Partner (noun)
		Limited Partnership (noun)
		Limited Partnerships Act, R.S.O. 1990, c. 16
		Limitation Period (noun)
		Lis alibi pendens (noun)
		Litigant (noun)
		Litigation (noun)
		Litigation Guardian (noun)
		Litigation Privilege (noun)
		Locus classicus (noun)
		Loser pay system (noun)
		Mandatory Order (noun)
		Master (noun)
		Material Issue (noun)
		Matrimonial Home
		Mediation (noun)
		Merits of the Case (noun)
		Minor (noun)
		Mistrial (noun)
		Moot (adjective)
		Mortgage
		Mortgagee
		Mortgagor
		Motion (noun)
		Motion on Notice (noun)
		Motion Record (noun)
		Moving party (noun)
		Mutual debts (noun)
		Notice (noun)
		Notice of Appearance (noun)
		Notice of Application (noun)
		Notice of Examination (noun)
		Notice of Motion (noun)
		Nunc pro tunc
		Nullity (noun)
		Oath (noun)
		Objection (noun)
		On his own motion (adverb phrase)
		Onus of Proof (noun)
		Opinion Evidence (noun)
		Opposite Party (noun)
		Order (noun)
		Order Giving Directions (noun)
		Originating Process (noun)
		Partial indemnity costs (noun)
		Particulars (plural noun)
		Partnership (noun)
		Partnerships Act, R.S.O. 1990, c. P.5
		Party (noun)
		Pecuniary Loss (noun)
		Personal Representative
		Personal Service (noun)
	A type of service of documents. “Physical delivery of process to a person to whom it is directed or to someone authorized to receive it on that person’s behalf.”(Merriam-Webster, sub verbo “personal service”, Online: https://www.merriam-webster.com/le...
		Perfect
		Plaintiff (noun)
		Pleadings (noun)
	For more information on pleadings, please visit: https://www.youtube.com/watch?v=6WwGYe2IaGQ
		Power of Attorney
		Prejudgment interest (noun)
		Pre-Trial Conference (Noun)
		Prejudicial Effect (noun)
		Prejudice (noun and verb)
		Prima Facie (adjective and adverb)
		Prima Facie Case (noun)
		Principal (noun)
		Prior Encumbrancer
		Private Interest Standing
		Privilege (noun)
		Probate (verb and noun)
		Probative Value (noun)
		Pro bono (adjective and adverb)
		Post-judgment Interest (noun)
		Procedural Fairness (noun)
		Proceeding (noun)
		Production (noun)
		Proof of Service (noun)
		Proportionality (noun)
		Punitive damages (noun)
		Quash (verb)
		Recognizance (noun)
		Record (noun)
		Redact (verb)
		Rediscover (a witness) (verb)
		Redemption period
		Referee
		Reference (Noun)
		Registrar (noun)
		Reply (noun)
		Report (noun)
		Representative Plaintiff (noun)
		Remedy (noun)
		Request for Sale
		Request to Admit (noun)
		Res Judicata (noun)
		Resistance Point (noun)
		Respondent (noun)
		Responding party (noun)
		Restrictive Covenant (noun)
		Re-Examination (noun)
		Scandalous (adjective)
		Security (noun)
		Security for costs (noun)
		Serve (verb)
		Served Personally (verb)
		Set Aside (verb)
		Set an Action Down for Trial (Verb)
		Set off (noun and verb)
	1. "A debtor's right to reduce the amount of a debt by any sum the creditor owes the debtor; the counterbalancing sum owed by the creditor."2. "A defendant's counterdemand against the plaintiff, arising out of a transaction independent of the plaintif...
		Settlement Privilege
		Sheriff (noun)
		Show Cause Hearing (noun)
		Simplified Rule a.k.a. Simplified Procedure (noun)
		Sole Proprietorship (noun)
		Solicitor-Client Privilege (noun)
		Specific Fund
		Spouse
		Standard of Review (noun)
		Stare Decisis (noun)
		Statement of Account
		Statement of Claim (noun)
		Statement of Defence (noun)
		Statute (noun)
		Stay of Proceedings (noun)
		Strike Out (verb)
		Strict liability (noun)
		Summary Judgment (Noun)
		Subsequent Encumbrancer
		Substantial Indemnity (Costs)
		Summons (noun)
		Systemic Delay (noun)
		Tariff (noun)
		Testator (noun)
		A person who makes a will (Emond Law Glossary).
		Testimony (noun)
		Third party claim (noun)
		To Distinguish (verb)
		To try an issue (verb)
		Transfer (noun)
		Traverse (noun)
		Trial List (noun)
		Trial Record (noun)
		Tribunal (noun)
		Trust
		Trustee (noun)
		Undertaking (noun)
		Under Disability (Party)
		Unincorporated Association (noun)
		Vexatious (adjective)
		Vicarious liability (noun)
		Viva Voce Evidence
		Voir Dire (noun)
		Will (noun)
		A document that sets out a deceased person’s wishes and directions with respect to the distribution of his or her property (Emond Law Glossary). A will "includes any testamentary instrument of which probate or administration may be granted" Ontario Ru...
		Witness (noun)
		Writ of Execution (noun)
		Writ of Possession (noun)
		Writ of Seizure and Sale (noun)
		Writ of sequestration (noun)