دانلود کتاب Civil Procedure and Practice in Ontario, 2nd ed

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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)