RULE 1: CITATION, APPLICATION AND INTERPRETATION

Title

(1) These rules may be cited as the Rules of Civil Procedure. O. Reg. 575/07, s. 6 (1).

Subdivision

(2) In these rules,

(a) all the provisions identified by the same number to the left of the decimal point comprise a Rule (for example, Rule 1, which consists of rules 1.01 to 1.09);

(b) a provision identified by a number with a decimal point is a rule (for example, rule 1.01); and

(c) a rule may be subdivided into,

(i) subrules (for example, subrule 1.01 (2)),

(ii) clauses (for example, clause 1.01 (2) (c) or 2.02 (a)),

(iii) subclauses (for example, subclause 1.01 (2) (c) (iii) or 7.01 (c) (i)),

(iv) paragraphs (for example, paragraph 1 of subrule 52.07 (1)), and

(v) definitions (for example, the definition of “action” in rule 1.03). R.R.O. 1990, Reg. 194, r. 1.01 (2); O. Reg. 284/01, s. 1; O. Reg. 575/07, s. 6 (2).

Alternative Method of Referring to Rules

(3) In a proceeding in a court, it is sufficient to refer to a rule or subdivision of a rule as “rule” followed by the number of the rule, subrule, clause, subclause or paragraph (for example, rule 1.01, rule 1.01 (2), rule 1.01 (2) (c), rule 1.01 (2) (c) (iii) or rule 52.07 (1) 1). R.R.O. 1990, Reg. 194, r. 1.01 (3).

Court of Appeal and Superior Court of Justice

(1) These rules apply to all civil proceedings in the Court of Appeal and in the Superior Court of Justice, subject to the following exceptions:

1. They do not apply to proceedings in the Small Claims Court, which are governed by Regulation 201 of the Revised Regulations of Ontario, 1990.

2. They do not apply to proceedings governed by Ontario Regulation 114/99 (Family Law Rules), except as provided in those rules.

3. They do not apply if a statute provides for a different procedure. R.R.O. 1990, Reg. 194, r. 1.02 (1); O. Reg. 484/94, s. 1; O. Reg. 288/99, s. 1 (1, 2); O. Reg. 292/99, s. 1 (1, 2); O. Reg. 131/04, s. 1 (1, 2).

Combined Proceeding in Family Court of Superior Court of Justice

(1.1) Where a proceeding combines a matter to which the Family Law Rules apply with a matter to which these rules would ordinarily apply, the parties may agree, or the court on motion may order, that the Family Law Rules apply to the combined proceeding or part of it. O. Reg. 131/04, s. 1 (3).

(2) Revoked: O. Reg. 504/00, s. 1.

(3) Revoked: O. Reg. 504/00, s. 1.

(4) Revoked: O. Reg. 504/00, s. 1.

(1) In these rules, unless the context requires otherwise,

“action” means a proceeding that is not an application and includes a proceeding commenced by,

(a) statement of claim,

(b) notice of action,

(c) counterclaim,

(d) crossclaim, or

(e) third or subsequent party claim; (“action”)

“appellant” means a person who brings an appeal; (“appelant”)

“appellate court” means the Court of Appeal or the Divisional Court, as the circumstances require; (“tribunal d’appel”)

“applicant” means a person who makes an application; (“requérant”)

“application” means a proceeding commenced by notice of application; (“requête”)

“county” includes a district, a regional or district municipality, and the City of Toronto; (“comté”)

“court” means the court in which a proceeding is pending and, in the case of a proceeding in the Superior Court of Justice, includes,

(a) a master having jurisdiction to hear motions under Rule 37, and

(b) a case management master; (“tribunal”)

[Note: On January 1, 2010, the French version of clause (b) is amended. See: O. Reg. 438/08, ss. 66, 68 (1).]

“defendant” means a person against whom an action is commenced; (“défendeur”)

“deliver” means serve and file with proof of service, and “delivery” has a corresponding meaning; (“remettre”, “remise”)

“disability”, where used in respect of a person, means that the person is,

(a) a minor,

(b) mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992 in respect of an issue in the proceeding, whether the person has a guardian or not, or

(c) an absentee within the meaning of the Absentees Act; (“incapable”, “incapacité”)

“discovery” means discovery of documents, examination for discovery, inspection of property and medical examination of a party as provided under Rules 30 to 33; (“enquête préalable”)

“document” includes data and information in electronic form; (“document”)

“electronic” includes created, recorded, transmitted or stored in digital form or in other intangible form by electronic, magnetic or optical means or by any other means that has capabilities for creation, recording, transmission or storage similar to those means, and “electronically” has a corresponding meaning; (“électronique”, “par voie électronique”)

“hearing” means the hearing of an application, motion, reference, appeal or assessment of costs, or a trial; (“audience”)

“holiday” means,

(a) any Saturday or Sunday,

(b) New Year’s Day,

(b.1) Family Day,

(c) Good Friday,

(d) Easter Monday,

(e) Victoria Day,

(f) Canada Day,

(g) Civic Holiday,

(h) Labour Day,

(i) Thanksgiving Day,

(j) Remembrance Day,

(k) Christmas Day,

(l) Boxing Day, and

(m) any special holiday proclaimed by the Governor General or the Lieutenant Governor,

and where New Year’s Day, Canada Day or Remembrance Day falls on a Saturday or Sunday, the following Monday is a holiday, and where Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday are holidays, and where Christmas Day falls on a Friday, the following Monday is a holiday; (“jour férié”)

“judge” means a judge of the court; (“juge”)

“judgment” means a decision that finally disposes of an application or action on its merits and includes a judgment entered in consequence of the default of a party; (“jugement”)

“lawyer” means a person authorized under the Law Society Act to practise law in Ontario; (“avocat”)

“lawyer’s office” means the office of the lawyer of record as set out in the last document filed by him or her; (“bureau de l’avocat”)

“motion” means a motion in a proceeding or an intended proceeding; (“motion”)

“moving party” means a person who makes a motion; (“auteur de la motion”)

“order” includes a judgment; (“ordonnance”)

“originating process” means a document whose issuing commences a proceeding under these rules, and includes,

(a) a statement of claim,

(b) a notice of action,

(c) a notice of application,

(d) an application for a certificate of appointment of an estate trustee,

(e) a counterclaim against a person who is not already a party to the main action, and

(f) a third or subsequent party claim,

but does not include a counterclaim that is only against persons who are parties to the main action, a crossclaim or a notice of motion; (“acte introductif d’instance”)

“partial indemnity costs” mean costs awarded in accordance with Part I of Tariff A, and “on a partial indemnity basis” has a corresponding meaning; (“dépens d’indemnisation partielle”)

“person” includes a party to a proceeding; (“personne”)

“plaintiff” means a person who commences an action; (“demandeur”)

“proceeding” means an action or application; (“instance”)

“referee” means the person to whom a reference in a proceeding is directed; (“arbitre”)

“registrar” means the Registrar of the Divisional Court or Court of Appeal, or a local registrar of the Superior Court of Justice, as the circumstances require; (“greffier”)

“respondent” means a person against whom an application is made or an appeal is brought, as the circumstances require; (“intimé”)

“responding party” means a person against whom a motion is made; (“partie intimée”)

“statute” includes a statute passed by the Parliament of Canada; (“loi”)

“substantial indemnity costs” mean costs awarded in an amount that is 1.5 times what would otherwise be awarded in accordance with Part I of Tariff A, and “on a substantial indemnity basis” has a corresponding meaning. (“dépens d’indemnisation substantielle”)

[Note: On January 1, 2010, subrule (1) is amended by adding the following definition:

“timetable” means a schedule for the completion of one or more steps required to advance the proceeding (including delivery of affidavits of documents, examinations under oath, where available, or motions), established by order of the court or by written agreement of the parties that is not contrary to an order. (“calendrier”)

R.R.O. 1990, Reg. 194, r. 1.03; O. Reg. 535/92, s. 2; O. Reg. 484/94, s. 2; O. Reg. 69/95, s. 1; O. Reg. 442/97, s. 1; O. Reg. 570/98, s. 1; O. Reg. 292/99, s. 1 (2); O. Reg. 427/01, s. 1 (1); O. Reg. 284/01, s. 2; O. Reg. 14/04, s. 1 (1); O. Reg. 131/04, s. 2; O. Reg. 42/05, s. 1; O. Reg. 260/05, s. 1; O. Reg. 575/07, s. 7.

(2) Revoked: O. Reg. 14/04, s. 1 (2).

General Principle

(1) These rules shall be liberally construed to secure the just, most expeditious and least expensive determination of every civil proceeding on its merits. R.R.O. 1990, Reg. 194, r. 1.04 (1).

[Note: On January 1, 2010, rule 1.04 is amended by adding the following subrule:

Proportionality

Matters Not Provided For

(2) Where matters are not provided for in these rules, the practice shall be determined by analogy to them. R.R.O. 1990, Reg. 194, r. 1.04 (2).

Party Acting in Person

(3) Where a party to a proceeding is not represented by a lawyer but acts in person in accordance with subrule 15.01 (2) or (3), anything these rules require or permit a lawyer to do shall be done by the party. R.R.O. 1990, Reg. 194, r. 1.04 (3); O. Reg. 575/07, s. 1.

“Party and Party” Costs

(4) If a statute, regulation or other document refers to party and party costs, these rules apply as if the reference were to partial indemnity costs. O. Reg. 284/01, s. 3.

“Solicitor and Client” Costs

(5) If a statute, regulation or other document refers to solicitor and client costs, these rules apply as if the reference were to substantial indemnity costs. O. Reg. 284/01, s. 3.

When making an order under these rules the court may impose such terms and give such directions as are just. R.R.O. 1990, Reg. 194, r. 1.05.

Use of Forms

(1) The forms prescribed by these rules shall be used where applicable and with such variations as the circumstances require. O. Reg. 77/06, s. 1.

Table of Forms

(2) In these rules, when a form is referred to by number, the reference is to the form with that number that is described in the Table of Forms at the end of these rules and is available on the Internet through www.ontariocourtforms.on.ca. O. Reg. 77/06, s. 1.

Definition

(1) In this rule,

“practice direction” means a direction, notice, guide or similar publication for the purpose of governing, subject to these rules, the practice for proceedings. O. Reg. 132/04, s. 1.

Court of Appeal

(2) A practice direction for proceedings in the Court of Appeal shall be signed by the Chief Justice of Ontario. O. Reg. 132/04, s. 1.

Superior Court of Justice

(3) A practice direction for proceedings in the Superior Court of Justice throughout Ontario shall be signed by the Chief Justice of the Superior Court of Justice. O. Reg. 132/04, s. 1.

(4) A practice direction for proceedings in the Superior Court of Justice in a region shall be signed by the regional senior judge and countersigned by the Chief Justice of the Superior Court of Justice. O. Reg. 132/04, s. 1.

Filing, Posting and Publication of Notice

(5) A practice direction shall be filed with the secretary of the Civil Rules Committee and posted on the Ontario Courts website (www.ontariocourts.on.ca), and notice of the practice direction shall be published in the Ontario Reports. O. Reg. 132/04, s. 1.

Effective Date

(6) A practice direction does not come into effect before it is filed and posted and notice of it is published as described in subrule (5). O. Reg. 132/04, s. 1.

Where Available

(1) If facilities for a telephone or video conference are available at the court or are provided by a party, all or part of any of the following proceedings or steps in a proceeding may be heard or conducted by telephone or video conference as permitted by subrules (2) to (5):

1. A motion (Rule 37).

2. An application (Rule 38).

3. A status hearing (Rule 48.14).

4. At trial, the oral evidence of a witness and the argument.

5. A reference (Rule 55.02).

6. An appeal or a motion for leave to appeal (Rules 61 and 62).

7. A proceeding for judicial review.

8. A pre-trial conference, a case conference, a settlement conference or a trial management conference. O. Reg. 288/99, s. 2; O. Reg. 24/00, s. 1.

[Note: On January 1, 2010, paragraph 8 is revoked and the following substituted:

8. A pre-trial conference or case conference.

Consent

(2) If the parties consent to a telephone or video conference and if the presiding judge or officer permits it, one of the parties shall make the necessary arrangements. O. Reg. 288/99, s. 2.

Order, No Consent

(3) If the parties do not consent, the court on motion may make an order directing a telephone or video conference on such terms as are just. O. Reg. 288/99, s. 2.

[Note: On January 1, 2010, subrule (3) is amended by striking out “the court on motion may make an order” and substituting “the court may, on motion or on its own initiative, make an order”. See: O. Reg. 438/08, ss. 3 (2), 68 (1).]

(4) The judge or officer presiding at a proceeding or step in a proceeding may set aside or vary an order made under subrule (3). O. Reg. 288/99, s. 2.

Factors to Consider

(5) In deciding whether to permit or to direct a telephone or video conference, the court shall consider,

(a) the general principle that evidence and argument should be presented orally in open court;

(b) the importance of the evidence to the determination of the issues in the case;

(c) the effect of the telephone or video conference on the court’s ability to make findings, including determinations about the credibility of witnesses;

(d) the importance in the circumstances of the case of observing the demeanour of a witness;

(e) whether a party, witness or lawyer for a party is unable to attend because of infirmity, illness or any other reason;

(f) the balance of convenience between the party wishing the telephone or video conference and the party or parties opposing; and

(g) any other relevant matter. O. Reg. 288/99, s. 2; O. Reg. 575/07, s. 1.

Arrangements for Conference

(6) Where the court permits or directs a telephone or video conference, the court may direct a party to make the necessary arrangements and to give notice of those arrangements to the other parties and to the court. O. Reg. 288/99, s. 2.

Application

(1) This rule applies to every reference under the Solicitors Act of a lawyer’s bill for assessment that is ordered to be held in a court located in,

(a) the Town of Cochrane;

(b) the Town of Fort Frances;

(c) the City of Kenora;

(d) the City of Sault Ste. Marie;

(e) the City of Greater Sudbury; or

(f) the City of Thunder Bay. O. Reg. 573/07, s. 1.

Assessment by Video Conference

(2) Despite rule 1.08, all or part of a reference to which this rule applies may be heard or conducted by video conference at two or more locations referred to in subrule (3) if a party to the reference makes a request for video conference in accordance with subrule (4), and the presiding officer grants the request. O. Reg. 573/07, s. 1.

Location

(3) The following are the locations in which all or part of a reference to which this rule applies may be heard or conducted by video conference:

1. Any of the courts referred to in subrule (1).

2. The Small Claims Court located in the City of Dryden. O. Reg. 573/07, s. 1.

Request

(4) A party may, within two days after service of a notice of appointment respecting a reference to which this rule applies, make a request for video conference under subrule (2) by,

(a) completing a request form provided by the Ministry of the Attorney General for the purpose and available from any court referred to in subrule (1); and

(b) serving the request form and filing it with proof of service in the court in which the order for the reference was made. O. Reg. 573/07, s. 1.

Objection

(5) A party on whom a request for video conference is served may, within two days after being served with the request, object to the video conference by,

(a) completing an objection form provided by the Ministry of the Attorney General for the purpose and available from any court referred to in subrule (1); and

(b) serving the objection form and filing it with proof of service in the court in which the order for the reference was made. O. Reg. 573/07, s. 1.

Factors to Consider

(6) In deciding whether to grant a request for video conference under subrule (2), the presiding officer shall consider,

(a) any objection made in accordance with subrule (5);

(b) the balance of convenience between the party making the request and the other party; and

(c) any other relevant matter. O. Reg. 573/07, s. 1.

Setting Aside or Varying Order

(7) The presiding officer may set aside or vary an order made under subrule (2). O. Reg. 573/07, s. 1.

Arrangements and Filing of Documents

(8) If the presiding officer grants a request for video conference, the following requirements apply:

1. The court in which the order for the reference was made shall make the necessary arrangements for the conference and shall notify the parties of them.

2. Despite subrule 55.02 (16), the parties shall file all documents pertaining to the reference in the court in which the order for the reference was made at least five days before the hearing date. O. Reg. 573/07, s. 1.

Revocation

(9) This rule is revoked on January 1, 2010. O. Reg. 573/07, s. 1.

When a proceeding is pending before the court, no party to the proceeding and no party’s lawyer shall communicate about the proceeding with a judge, master or case management master out of court, directly or indirectly, unless,

[Note: On January 1, 2010, the French version of rule 1.09 is amended in the portion before clause (a). See: O. Reg. 438/08, ss. 66, 68 (1).]

(a) all the parties consent, in advance, to the out-of-court communication; or

(b) the court directs otherwise. O. Reg. 132/04, s. 2.