GENERAL MATTERS

RULE 1 CITATION, APPLICATION AND INTERPRETATION

CITATION

Short Title
1.01(1) These rules may be cited as the Rules of Civil Procedure
Subdivision
(2) In these rules, 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).

APPLICATION OF RULES

Court of Appeal and Ontario Court (General Division)
1.02 (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:


Schedule

Regional Municipality of Durham
County of Frontenac
County of Haliburton
Regional Municipality of Hamilton-Wentworth
County of Lanark
United Counties of Leeds and Grenville
County of Lennox and Addington
County of Middlesex
Territorial District of Muskoka
The part of The Regional Municipality of Niagara that was the county of Lincoln as it existed on December 31, 1969
County of Northumberland
Regional Municipality of Ottawa-Carleton
County of Peterborough
United Counties of Prescott and Russell
County of Simcoe
United Counties of Stormont, Dundas and Glengarry
County of Victoria
Regional Municipality of York

Combined Proceeding in Family Court of Superior Court of Justice

(1.1) Where a proceeding in the Family Court of the Superior Court of Justice 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.

DEFINITIONS

1.3 In these rules, unless the context requires otherwise,
"action" means a proceeding that is not an application and includes a proceeding commenced by, "appellant" means a person who brings an appeal; ("appellant")
"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 or a regional, district or metropolitan municipality; ("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
"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")
"document" includes data and information in electronic form; ("document")
"disability", where used in respect of a person or party, means that the person or party is,
"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")
"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, 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")
"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, but does not include a counterclaim or counterpetition 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 under the partial indemnity scale of a costs grid established by Part I of Tariff A, and "on a partial indemnity basis" has a corresponding meaning; ("depens d'indemnisation partielle")
"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 or a divorce action is brought, as the circumstances require; ("intimé")
"responding party" means a person against whom a motion is made; ("partie intimée")
"solicitor's office" means the office of the solicitor of record as set out in the last document filed by him or her; ("bureau du procurer")
"statute" includes a statute passed by the Parliament of Canada. ("loi")
"substantial indemnity costs" mean costs awarded under the substantial indemnity scale of a costs grid established by Part I of Tariff A, and "on a substantial indemnity basis" has a corresponding meaning. ("depens d'indemnisation substantielle")

INTERPRETATION

General Principle
1.04 (1) These rules shall be liberally construed to secure the just, most expeditious and least expensive determination of every civil proceeding on its merits.
Matters Not Provided For
(2) Where matters are not provided for in these rules, the practice shall be determined by analogy to them.
Party Acting in Person
(3) Where a party to a proceeding is not represented by a solicitor but acts in person in accordance with subrule 15.01(2) or (3), anything these rules require or permit a solicitor to do shall be done by the party.
"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.
"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.

ORDERS ON TERMS

1.05 When making an order under these rules the court may impose such terms and give such directions as are just.

FORMS

1.06 The forms prescribed in the Appendix of Forms shall be used where applicable and with such variations as the circumstances require.

COURT OF APPEAL

1.07 (1) A practice direction, notice or guide for proceedings in the Court of Appeal shall be signed by the Chief Justice of Ontario, filed with the secretary of the Civil Rules Committee and published in the Ontario Reports.

Superior Court Of Justice

(2) A practice direction, notice or guide for proceedings in the Superior Court Of Justice shall be signed or countersigned by the Chief Justice of the Superior Court Of Justice, filed with the secretary of the Civil Rules Committee and published in the Ontario Reports.

EFFECTIVE DATE

(3) A practice direction, notice or guide shall not come into effect before being published in the Ontario Reports, unless the relevant chief justice is of the opinion that it is necessary to bring it into effect before that time, in which case it shall so indicate and shall state the date on which it comes into effect.

TELEPHONE AND VIDEO CONFERENCES

Where Available 1.08 (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): 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.
Order, No Consent
(3) If the parties do not consent, the court on motion may make an order direction a telephone or video conference on such terms as are just.
(4) The judge or officer presiding at a proceeding or step in a proceeding may set aside or vary an order made under sub rule (3). Factors to Consider
(5) In deciding whether to permit or to direct a telephone or video conference, the court shall consider, 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.

RULE 2 NON-COMPLIANCE WITH THE RULES

EFFECT OF NON-COMPLIANCE

2.01 (1) A failure to comply with these rules is an irregularity and does not render a proceeding or a step, document or order in a proceeding a nullity, and the court, (2) The court shall not set aside an originating process on the ground that the proceeding should have been commenced by an originating process other than the one employed.

ATTACKING IRREGULARITY

2.02 A motion to attack a proceeding or a step, document or order in a proceeding for irregularity shall not be made, except with leave of the court.

COURT MAY DISPENSE WITH COMPLIANCE

2.03 The court may, only where and as necessary in the interest of justice, dispense with compliance with any rule at any time.

RULE 3 TIME

COMPUTATION

3.01 (1) In the computation of time under these rules or an order, except where a contrary intention appears, (2) Where a time of day is mentioned in these rules or in any document in a proceeding, the time referred to shall be taken as the time observed locally.

EXTENSION OR ABRIDGMENT

General Powers of Court
3.02 (1) Subject to subrule (3), the court may by order extend or abridge any time prescribed by these rules or an order, on such terms as are just.
(2) A motion for an order extending time may be made before or after the expiration of the time prescribed.
Times in Appeals
(3) An order under subrule (1) extending or abridging a time prescribed by these rules and relating to an appeal to an appellate court may be made only by a judge of the appellate court.
Consent in Writing
(4) A time prescribed by these rules for serving, filing or delivering a document may be extended or abridged by consent in writing, except as provided in subrule 77.01 (no extension in case management).

WHEN PROCEEDINGS MAY BE HEARD

Hearings Throughout the Year
3.03 (1) Proceedings may be heard throughout the year, except that from December 24th to the following January 6th no trial of an action shall be held unless all parties consent in writing or the court orders otherwise.
In Absence of Opposite Party
(2) No motion, reference, examination, assessment of costs or other matter, except a motion made without notice, shall proceed before a judge, master or other officer in the absence of the opposite party until fifteen minutes after the time fixed for it.

RULE 4 COURT DOCUMENTS

FORMAT

Standards
4.01 (1) A document in writing in a proceeding shall meet the following standards: One Side or Both
(2) The text may appear on one side or on both sides of the paper.
(3) Despite subrule (1), where these rules provide for the electronic issuing or filing of a document in a proceeding, the document is sufficient if it meets the standard of the software authorized by the Ministry of the Attorney general.

CONTENTS

General Heading
4.02 (1) Every document in a proceeding shall have a heading in accordance with Form 4A (actions) or 4B (applications) that sets out, (1.1) Clause (1)(b) does not apply to documents in proceedings under Rules 74 and 75.

Body of Document
(2) Every document in a proceeding shall contain, Backsheet
(3) Every document in a proceeding shall have a backsheet in accordance with Form 4C that sets out, BILINGUAL DOCUMENTS
4.02.1 A pleading or other documents written in French that may be filed under section 126 of the Courts of Justice Act may also include a version of all or part of the text written in English.

CERTIFIED COPIES OF COURT DOCUMENTS

4.03 On the requisition of a person entitled to see a document in the court file under section 137 of the Courts of Justice Act, 1984 and on payment of the prescribed fee the registrar shall issue a certified copy of the document.

NOTICE TO BE IN WRITING

4.04 Where these rules require notice to be given, it shall be given in writing.

ISSUING AND FILING OF DOCUMENTS

Issuing Documents
4.05 (1) A document may be issued only on personal attendance in the court office by the party seeking to issue it or by someone on the party's behalf.
Electronic Issuing
(1.1) Where these rules provide for the electronic issuing of a document in a proceeding, the document may be issued electronically by using the authorized software.
Deemed Issuing
(1.2) A document issued under subrule (1.1) shall be deemed to have been issued by the Superior Court of Justice.
Notice - Document Issued
(1.3) After a document is issued electronically, notice that it was issued shall be sent to the party that had it issued. Place of Filing
(2) All documents required to be filed in a proceeding shall be filed in the court office in which the proceeding was commenced, except where they are filed in the course of a hearing or where these rules provide otherwise.
(3) An affidavit, transcript, record or factum to be used on the hearing of a motion or application shall be filed in the court office in the place where the hearing is to be held.
Filing by Leaving in Court Office or by Mail
(4) Any document, other than one that is to be issued, may be filed by leaving it in the proper court office or mailing it to the proper court office, accompanied by the prescribed fee.
Electronic Filing (4.1) Where these rules provide for the electronic filing of a document in a proceeding, the document may be filed electronically by using the authorized software.
Notice - Document Filed
(4.2) After a document is filed electronically, notice that it was filed shall be sent to the party that filed it.
Date of Filing where Filed by Mail
(5) Where a document is filed by mail, the date of the filing stamp of the court office on the document shall be deemed to be the date of its filing, unless the court orders otherwise.
Where Document Filed by Mail not Received
(6) Where a court office has no record of the receipt of a document alleged to have been filed by mail, the document shall be deemed not to have been filed, unless the court orders otherwise.

ELECTRONIC DOCUMENTS

4.05.1 (1) Where an action has been commenced in a county named in the Schedule to this sub rule, a lawyer, or another person who has filed a requisition with the registrar, may use the authorized software to issue or to file electronically the following documents, to date them and to record the date of issue or filing:
Schedule - City of Toronto
 (2) A lawyer, another person who has filed a requisition with the registrar or the Workplace Safety and Insurance Board may use the authorized software to issue or to file electronically the following documents, to date them and to record the date of issue or filing:
(3) The Minister of Finance may use the authorized software to file electronically the following documents, to date them and to record the date of issue or filing:

AFFIDAVITS

Format
4.06 (1) An affidavit used in a proceeding shall, Contents
(2) An affidavit shall be confined to the statement of facts within the personal knowledge of the deponent or to other evidence that the deponent could give if testifying as a witness in court, except where these rules provide otherwise.
Exhibits
(3) An exhibit that is referred to in an affidavit shall be marked as such by the person taking the affidavit and where the exhibit,
By Two or More Deponents
(4) Where an affidavit is made by two or more deponents, there shall be a separate jurat for each deponent, unless all the deponents make the affidavit before the same person at the same time, in which case one jurat containing the words "Sworn (or affirmed) by the above-named deponents" may be used.
For a Corporation
(5) Where these rules require an affidavit to be made by a party and the party is a corporation, the affidavit may be made for the corporation by an officer, director or employee of the corporation.
For a Partnership
(6) Where these rules require an affidavit to be made by a party and the party is a partnership, the affidavit may be made for the partnership by a member or employee of the partnership.
By an Illiterate or Blind Person
(7) Where it appears to a person taking an affidavit that the deponent is illiterate or blind, the person shall certify in the jurat that the affidavit was read in his or her presence to the deponent, that the deponent appeared to understand it, and that the deponent signed the affidavit or placed his or her mark on it in the presence of the person taking the affidavit.
By a Person who does not Understand the Language
(8) Where it appears to a person taking an affidavit that the deponent does not understand the language used in the affidavit, the person shall certify in the jurat that the affidavit was interpreted to the deponent in the person's presence by a named interpreter who took an oath or made an affirmation before him or her to interpret the affidavit correctly.
Alterations
(9) Any interlineation, erasure or other alteration in an affidavit shall be initialled by the person taking the affidavit and, unless so initialled, the affidavit shall not be used without leave of the presiding judge or officer.

BINDING OF DOCUMENTS

Records
4.07 (1) Records for motions, applications, trials and appeals shall have a light blue backsheet.
Transcripts
(2) Transcripts of evidence for use on a motion or application or at trial shall have a light grey backsheet.
Appeal Book and Compendium
(3) An apeal book and compendium shall be bound front and back in buff covers.
Transcripts on Appeal
(4) Transcripts of evidence for use in an appeal shall be bound front and back in red covers, except where the transcript forms part of the appeal book or record and compendium and, where there is more than one volume of transcripts, the volumes shall be clearly numbered.
Factums and Case Books
(5) A factum or case book filed by an applicant, moving party or appellant shall be bound front and back in white covers, and a factum or case book of a respondent or responding party shall be bound front and back in green covers.
Compendium of Evidence and Exhibits
(5.1) Revoked O. Reg. 19/03

Cover Stock
(6) Backsheets and covers shall be of 176g/m2 cover stock.

REQUISITION

4.08 Where a party is entitled to require the registrar to carry out a duty under these rules, the party may do so by filing a requisition (Form 4E) and paying the prescribed fee, if any.

TRANSCRIPTS

Paper Size
4.9 (1) Evidence shall be transcribed on paper 216 millimetres by 279 millimetres in size with a margin 25 millimetres wide on the left side delimited by a vertical line.
Heading
(2) The name of the court or, in the case of an examiner, the examiner's name, title and location shall be stated on a single line no more than 15 millimetres from the top of the first page.
Standards
(3) The text shall be typewritten on thirty-two lines numbered in the margin at every fifth line.
(4) Headings, such as swearing of a witness, direct examination and cross-examination, shall be capitalized and separated from the preceding text by the space of a numbered line, and the number of lines of text on the page may be reduced by one for each heading that appears on the page.
(5) Every question shall commence on a new line and shall begin with the designation "Q.", followed, within 10 millimetres, by the question.
(6) Every answer shall commence on a new line and shall begin with the designation "A.", followed, within 10 millimetres, by the answer.
(7) The first line of a question or answer shall be indented 35 millimetres from the margin and shall be 130 millimetres in length.
(8) In a transcript of evidence taken in court, every line of a question or answer, other than the first line, shall begin at the margin and shall be 165 millimetres in length.
(9) In a transcript of evidence taken out of court, every line of a question or answer, other than the first line, shall begin 15 millimetres from the margin and shall be 150 millimetres in length, and questions shall be numbered consecutively by means of a number placed in the 15 millimetres to the right of the margin.
(10) Lines of text other than questions and answers shall be indented 35 millimetres from the margin and shall be 130 millimetres in length.
(11) Every transcript of evidence taken in court or out of court shall have,

TRANSMISSION OF DOCUMENTS

4.10 (1) Where documents filed with the court or exhibits in the custody of an officer are required for use at another location, the registrar shall send them to the registrar at the other location on a party's requisition, on payment of the prescribed fee.
(2) Documents or exhibits that have been filed at or sent to a location other than where the proceeding was commenced for a hearing at that location shall be sent by the registrar, after the completion of the hearing, to the registrar at the court office where the proceeding was commenced.

NOTICE OF CONSTITUTIONAL QUESTION

4.11 The notice of constitutional question referred to in section 109 of the Courts of Justice Act, 1984 shall be in Form 4F.