8. The following provisions apply to an action on the family track: Petition or statement of claim 1. The plaintiff shall serve the petition or statement of claim, together with the financial statement if required, the case information statement and the case management order, within thirty days after Day 1, and file them with proof of service within forty days after Day 1. However, proof of service is not required with respect to a defendant who files an answer or statement of defence within forty-four days after Day 1. Default 2. If the plaintiff does not comply with paragraph 1 and remains in default on the forty-fifth day after Day 1, the registrar shall immediately serve on the plaintiff a notice that the action will be dismissed against each defendant with respect to whom the plaintiff is in default if the default is not cured within fifteen days after service of the notice. If the plaintiff does not cure the default within that time, the registrar shall dismiss the action against each defendant with respect to whom the plaintiff is in default. Answer or statement of defence 3. The defendant shall serve the answer or statement of defence, together with the financial statement if required, within thirty days after the date of service of the petition or statement of claim, and shall file them with proof of service within forty days after that date. Date of management conference 4. When the defendant has complied with paragraph 3, the court shall fix a date for a management conference. The date shall be at least forty-five days but not more than seventy-five days after delivery of the answer or statement of defence. Default 5. On the forty-fifth day after the date of service of the petition or statement of claim, the registrar shall note in default a defendant who has not yet complied with paragraph 4. Service outside Ontario 6. If the defendant is served with the petition or statement of claim outside Ontario, the periods for serving and filing the answer or statement of defence are extended (by twenty days, in the case of service elsewhere in Canada or in the United States, or by forty days, in the case of service anywhere else) and the other time periods applicable to the action shall be adjusted accordingly. Notice of action, notice of intent to defend 7. The time periods applicable to the action are not extended if a notice of action or notice of intent to defend is used. Reply 8. The reply, if any, shall be delivered within twenty days after delivery of the answer or statement of defence. No reply shall be delivered after that time without leave of the court. 9. Revoked: O. Reg. 744/94, s. 3 (1). Listing for pre-trial conference 10. After pleadings are closed in the action and in any counterclaim, crossclaim or third party claim, the registrar shall fix the date and time for the management conference and fix a date by which all parties shall file their management conference briefs. The date for filing management conference briefs shall be at least 14 days before the date fixed for the management conference. 11. Revoked: O. Reg. 744/94, s. 3 (2). Rescheduling management conference 12. The court may, on a party’s motion, reschedule the management conference for another date. The motion does not require supporting written material. Arrangements for disposition of the motion by conference telephone call or in writing, without an appearance, may be made through the registrar’s office. Documents for management conference 13. At least seven days before the date of the management conference, every party shall serve on every other party and file with proof of service a one-page summary of the issues in the action, a net family property statement, if required, with copies of documents substantiating the calculations, and a list of documents still to be obtained. Failure to file documents 14. If a party does not file the documents within the prescribed time period, the registrar shall, unless the court orders otherwise, make an order requiring the party to pay costs in an amount determined in accordance with paragraph 15, immediately and regardless of the outcome of the proceeding, and fixing a date on which the party shall appear with counsel to explain the default to the court. Costs 15. When a party is required to pay costs under paragraph 14, 18 or 20, every opposing party who is separately represented by counsel is entitled to costs in the amount of $300. Two or more opposing parties who are represented by the same counsel are jointly entitled to costs in that amount. Management conference 16. All parties, as well as counsel, shall attend the management conference, unless an order excusing a party is made before the date fixed for the management conference. 17. A judge, a master or a person designated by the regional senior judge shall preside at the management conference, shall discuss with the parties the possibility of settlement and may give all necessary directions, including a direction for the immediate trial of an issue. Failure to comply with direction 18. If a party fails to comply with a direction given at the management conference, the registrar shall, unless the court orders otherwise, make an order requiring the party to pay costs in an amount determined in accordance with paragraph 15, immediately and regardless of the outcome of the proceeding, and fixing a date on which the party shall appear with counsel to explain the default to the court. Date and time of pre-trial conference 19. At the management conference, the person presiding shall also fix the date and time for the pre-trial conference and fix a date by which all parties shall file pre-trial conference briefs. The date fixed for filing pre-trial conference briefs shall be at least seven days before the date fixed for the pre-trial conference. Failure to file pre-trial conference brief 20. If a party does not file a pre-trial conference brief by the date fixed under paragraph 19, the registrar shall, unless the court orders otherwise, make an order requiring the party to pay costs in an amount determined in accordance with paragraph 15, immediately and regardless of the outcome of the proceeding, and fixing a date on which the party shall appear with counsel to explain the default to the court. No further examinations for discovery or motions without leave 21. After the date fixed for the pre-trial conference, no party may examine for discovery or make a motion without leave. Refusal of leave 22. If leave for a motion requiring leave is refused, the moving party shall, unless the court orders otherwise, pay costs in an amount determined in accordance with paragraph 23, immediately and regardless of the outcome of the proceeding. Costs 23. When a party is required to pay costs under paragraph 22, every opposing party who is separately represented by counsel is entitled to costs in the amount of $200. Two or more opposing parties who are represented by the same counsel are jointly entitled to costs in that amount. Pre-trial conference 24. All parties, as well as counsel, shall attend the pre-trial conference, unless an order excusing a party is made before the date fixed for the pre-trial conference. Who shall preside 25. The person who presided at the management conference may also preside at the pre-trial conference. Trial date and setting down for trial 26. At the pre-trial conference, the person presiding shall fix a trial date, which shall be at least 30 days after the pre-trial conference. The plaintiff shall set the action down for trial not later than 20 days before the trial date. If the plaintiff fails to do so, the defendant may set the action down for trial not later than 15 days before the trial date. When the action is set down, the registrar shall immediately place it on the appropriate trial list. If the action is not set down by 15 days before the trial date, the registrar shall place the matter before a judge, who may make such order as appears just, and the registrar shall serve the order on the parties. Trial 27. The trial shall begin within one year of Day 1. R.R.O. 1990, Reg. 189, r. 8; O. Reg. 397/91, s. 4; O. Reg. 211/93, s. 4; O. Reg. 744/94, s. 3. FAST LIEN TRACK Definition