9. (1) In this rule,  “Act” means the Construction Lien Act.  R.R.O. 1990, Reg. 189, r. 9 (1). Special provisions (2) The following provisions apply to an action on the fast lien track: Statement of claim 1. The plaintiff shall serve the statement of claim, together with the plaintiff’s affidavit of documents, the case information statement and the case management order, within ninety days after Day 1, in accordance with subsection 53 (2) of the Act, and shall file them with proof of service within 100 days after Day 1. The documents referred to in Schedule A of the plaintiff’s affidavit of documents shall include the claim for lien (as registered, if the lien attaches to the premises) and affidavit of verification, and shall be served with the statement of claim and other documents, but shall not be filed. Default 2. If the plaintiff does not comply with paragraph 1 and remains in default on the 105th day after Day 1, the registrar shall immediately serve on the plaintiff a notice that the action will be dismissed 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, with costs payable by the plaintiff to all defendants who have delivered a defence. However, unless the court orders otherwise, the registration of the claim for lien and of any certificate of action in respect of the lien shall not be vacated until ten days have elapsed after the order of dismissal is served on the plaintiff. Statement of defence 3. The defendant shall deliver the statement of defence, together with the defendant’s affidavit of documents, within twenty days after the date of service of the statement of claim, in accordance with subsection 54 (1) of the Act. Copies of the documents referred to in Schedule A of the defendant’s affidavit of documents shall be served with the statement of defence and affidavit of documents, but shall not be filed. Default 4. On the twenty-fifth day after the date of service of the statement of claim, the registrar shall note in default a defendant who has not yet complied with paragraph 3. Motion for judgment 5. The plaintiff shall move for judgment within sixty days after the defendant is noted in default. Affidavit evidence may be received at the hearing of the motion. Default 6. If the plaintiff does not comply with paragraph 5, the registrar shall immediately serve on the plaintiff a notice that the action will be dismissed 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. However, unless the court orders otherwise, the registration of the claim for lien and of any certificate of action in respect of the lien shall not be vacated until ten days have elapsed after the order of dismissal is served on the plaintiff. Service outside Ontario 7. If the defendant is served with the statement of claim outside Ontario, the periods for serving and filing the 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 8. The time periods applicable to the action are not extended if a notice of action or notice of intent to defend is used. Reply 9. The reply, if any, shall be delivered within ten days after delivery of the statement of defence. No reply shall be delivered after that time without leave of the court. Settlement meeting obligatory 10. A settlement meeting shall be held in accordance with section 61 of the Act on a day chosen by the plaintiff, at least thirty days but no more than fifty days after the date of service of the statement of claim. It is not necessary to obtain an order for the holding of the meeting under subsection 60 (1) of the Act. Notice 11. The plaintiff shall serve notice of the settlement meeting in accordance with subsection 60 (2) of the Act and shall file proof of service within ten days after service. A copy of the case management order shall be served with the notice of the settlement meeting. Date for hearing of motion 12. When proof of service of the notice of settlement meeting is filed, the registrar shall fix a date that is at least fifteen days but no more than sixty days after the date of the settlement meeting, for the hearing of a motion before a judge for the purposes set out in subsection 63 (5) of the Act. The registrar shall notify the plaintiff of the date and the plaintiff shall serve the notice of motion in accordance with subsection 62 (2) of the Act and shall file proof of service. Statement of settlement 13. If the settlement meeting does not result in a complete settlement of the action, the statement of settlement referred to in subsection 63 (3) of the Act shall, in addition to summarizing any issues of fact and law that have been settled by the parties, contain: i. the names of the lien claimants, ii. if entitlement to a lien or perfection or preservation of a lien are in question, a summary of the relevant issues, iii. a statement of the priorities of the lien claimants and encumbrancers or, if there is no agreement as to priorities, a summary of the relevant issues, iv. a summary of any other issues of fact and law to be determined at trial, v. a statement identifying the documents agreed on for filing at trial and, if the admissibility or authenticity of a document is in question, a summary of the relevant issues, vi. if the amount of the plaintiff’s claim is in question, a summary of the relevant issues, vii. if evidence is to be presented at trial, a list of witnesses to be called, viii. an estimate of the time that will be required for trial of the action or consolidated actions, ix. if there is more than one action respecting the same land, an agreement as to which plaintiff shall have carriage of the consolidated actions, and x. a statement indicating that all parties have signed the statement of settlement or, if that is not the case, indicating which parties have done so and the other parties’ reasons for not signing. Filing of statement of settlement 14. The party who conducted the settlement meeting shall file the statement of settlement within ten days after the settlement meeting. Powers of court at hearing of motion 15. At the hearing of the motion referred to in paragraph 12, the court may exercise the powers set out in subsection 61 (5) of the Act and may, i. if there is more than one action respecting the same land, consolidate the actions and give carriage of the consolidated action in accordance with the statement of settlement, ii. fix a date, which shall be at least ninety days but not more than 120 days after the hearing of the motion, for the trial of the action or any issue in the action, iii. if the only outstanding issue is the amount of the plaintiff’s claim, give judgment and direct a reference to a judge or master to take accounts and report on that issue, iv. direct that the plaintiff having carriage of the action file before the trial date a copy of an abstract of title and sheriff’s certificate (in the case of premises subject to the Registry Act) or of a certificate of title (in the case of premises subject to the Land Titles Act), dated no more than ten days before the trial date or, if the lien does not attach to the premises, a statement by the owner showing the identity of persons with preserved or perfected liens against the premises, v. direct that examinations for discovery be held in respect of any contested issues set out in the statement of settlement, and vi. direct that a brief of the documents referred to in the statement of settlement be filed at least fifteen days before the trial date. Exception, no parties entitled to notice of settlement meeting 16. If there are no parties who are entitled to notice of a settlement meeting under subsection 60 (2) of the Act, the plaintiff, upon filing an affidavit to that effect with the registrar, may move immediately for summary judgment without holding a settlement meeting or making the motion referred to in paragraph 12. Refusal of leave for motion 17. 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 18, immediately and regardless of the outcome of the proceeding. Costs 18. When a party is required to pay costs under paragraph 17 or 26, every opposing party who is separately represented by counsel is entitled to costs in the amount of $100. Two or more opposing parties who are represented by the same counsel are jointly entitled to costs in that amount. Examinations for discovery 19. No party may conduct examinations for discovery lasting more than three hours in total without leave. The motion for leave may itself be made without leave. 20. Revoked: O. Reg. 744/94, s. 4 (1). Record 21. The trial record shall contain a copy of the statement of settlement and of the order made under paragraph 15. Notice of trial 22. The plaintiff having carriage of the action shall serve a notice in accordance with subsection 60 (4) of the Act. Trial date and setting down for trial 23. On the motion referred to in paragraph 12, the judge shall fix a trial date, which shall be at least 30 days after the hearing of the motion. 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. 24. Revoked: O. Reg. 744/94, s. 4 (2). Trial 25. The trial shall begin within ten months after Day 1. General penalty for lateness 26. If a party who is required by this rule to take a step within a specific time fails to do so and no other penalty is provided for the default, the registrar shall (except in the case of a defendant against whom pleadings have been noted closed) immediately send the party a notice requiring the party to appear before the court and request an extension of time. If the court grants the extension, the party shall, unless the court orders otherwise, pay costs in an amount determined in accordance with paragraph 18, immediately and regardless of the outcome of the proceeding. If the party fails to appear or if the court refuses the extension, the action shall be dismissed or the party’s pleadings struck out, as the case may be. R.R.O. 1990, Reg. 189, r. 9 (2); O. Reg. 744/94, s. 4. COMPLEX TRACK