| Delay to file an
appearance |
- Not relevant for
Ontario.
- In Ontario, the statement of
claim must be served within 6 months of its delivery to the
registrar.
|
| Delay File a statement of
defence |
- The defendant must submit a
defence within 20 days of service of the statement of
claim.
- The defendant may submit a
notice of intent to present a defence in order to be granted an
additional 10 days.
|
| Delay to set the case ready for
trial |
- After the defence is filed, the
action must be set down for trial within two years.
- Method for setting a case ready
for trial: the party that wishes it set for trial serves a trial
record on the plaintiff and then promptly files the proof of
service (Rule 48.02)
|
| Rules of discovery | Delay to
examine before plea | Delay to examine after plea |
- Once the written proceedings in
an action are closed, the parties must develop a discovery plan
within 60 days. The discovery plan must include the deadline for
and the expected scope of the communication of documents and a
discovery timetable.
- There are two parts to
discovery:
- Communication of documents (Rule
30): The parties must disclose the existence of all documents and
produce the documents not
covered by privilege.
- Examination for discovery (Rule
31): mandatory disclosure prior to trial by a party to the case,
under oath, of everything that party knows and believes regarding
the facts and evidence relevant to the matters in
issue.
|
| Affidavit of documents: which documents? Under which
circumstances? |
The disclosure obligation is satisfied by swearing an oath and
by service of an affidavit of documents (Rule 30.03). All parties
must serve on every other party an affidavit of documents
disclosing to the full extent of the party's knowledge, information
and belief all documents relevant to any matter in issue in the
action that are or have been in the party's possession, control or
power (Rule 30.03(1)). All parties must produce the documents not
covered by privilege. |
| Court settlement Conference: a mandatory process or not? |
Within 180 days of the setting down of an action for trial, the
parties must set a date and time with the registrar to appear for a
pre-trial conference before a judge or case management master. |
| Mediation |
- Mediation is compulsory and is
required within 180 days of the filing of the defence. This rule
applies to actions instituted in the City of Ottawa, the City of
Toronto and Essex County.
- Once the action is set down for
trial, mediation must either already have taken place or take place
within 90 days.
|
| Simplified procedures (fast
track and Small claims Court) (monetary limits) |
- Small Claims Court: limit of
$25,000
- Simplified procedure (Rule 76):
limit of $100,000 but the plaintiff may elect to follow this
procedure in all cases unless the defendant objects. No party may
conduct oral examinations for discovery for more than two hours.
The parties must adduce their evidence by affidavit and they are
allowed 10 minutes to examine the deponent at the summary trial.
Each party is limited to 45 minutes for its oral
arguments.
|
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