Case Management Powers
 77.04 (1) A judge or associate judge may,  (a) extend or abridge a time prescribed by an order or the rules; (b) adjourn a case conference; (c) set aside an order made by the registrar; (d) establish or amend a timetable; and (e) make orders, impose terms, give directions and award costs as necessary to carry out the purpose of this Rule.  O. Reg. 438/08, s. 64; O. Reg. 383/21, s. 15. (2) A judge or associate judge may, on his or her own initiative, require the parties to appear before him or her or to participate in a conference call to deal with any matter arising in connection with the case management of the proceeding, including a failure to comply with an order or the rules.  O. Reg. 438/08, s. 64; O. Reg. 383/21, s. 15. (3) For greater certainty, the powers set out in subrules (1) and (2) are in addition to any other powers set out in this Rule.  O. Reg. 438/08, s. 64. Assignment for Case Management On Consent of Parties 77.05 (1) A regional senior judge or, subject to the direction of a regional senior judge, any judge or associate judge may, with the consent of all parties, assign a proceeding to which this Rule may apply for case management under this Rule.  O. Reg. 438/08, s. 64; O. Reg. 383/21, s. 15. No Consent (2) At any time on or after the filing of the first defence in a proceeding to which this Rule may apply, a regional senior judge or, subject to the direction of a regional senior judge, any judge or associate judge may assign the proceeding for case management under this Rule, (a) on his or her own initiative; or (b) on the request of a party or on motion if the court requires it.  O. Reg. 438/08, s. 64; O. Reg. 383/21, s. 15. Multiple Proceedings (3) Two or more proceedings may be assigned under subrule (1) or (2) for case management together.  O. Reg. 438/08, s. 64. Criteria (4) In considering whether to assign a proceeding for case management, the regional senior judge, other judge or associate judge shall have regard to all the relevant circumstances, including any or all of the following: 1. The purpose set out in subrule 77.01 (1). 2. The complexity of the issues of fact or law. 3. The importance to the public of the issues of fact or law. 4. The number and type of parties or prospective parties, and whether they are represented. 5. The number of proceedings involving the same or similar parties or causes of action. 6. The amount of intervention by the court that the proceeding is likely to require. 7. The time required for discovery, if applicable, and for preparation for trial or hearing. 8. In the case of an action, the number of expert witnesses and other witnesses. 9. The time required for the trial or hearing. 10. Whether there has been substantial delay in the conduct of the proceeding.  O. Reg. 438/08, s. 64; O. Reg. 383/21, s. 15. Assignment to Individual Management by a Judge Assignment to Particular Judge 77.06 (1) The Chief Justice or Associate Chief Justice of the Superior Court of Justice, a regional senior judge, or a judge designated by any of them may direct that all steps in a proceeding that is assigned for case management under this Rule be heard and conducted by a particular judge.  O. Reg. 438/08, s. 64. Limitation (2) A judge who is directed under subrule (1) to hear all steps in a proceeding shall not preside at the trial of the action or the hearing of the application, except with the written consent of all parties.  O. Reg. 438/08, s. 64. Motions To Whom Made 77.07 (1) A motion may be made only to a judge or associate judge.  O. Reg. 438/08, s. 64; O. Reg. 383/21, s. 15. Same, Particular Judge (2) If a direction is made under subrule 77.06 (1) for all steps in a proceeding to be heard by a particular judge, then any motions in the proceeding shall be made to that judge.  O. Reg. 438/08, s. 64. Referral by Particular Judge (3) A judge who is directed under subrule 77.06 (1) to hear all steps in a proceeding may refer to an associate judge any motion within the jurisdiction of an associate judge under subrule 37.02 (2), unless the judge who made the direction directs otherwise.  O. Reg. 438/08, s. 64; O. Reg. 711/20, s. 5; O. Reg. 383/21, s. 15. Materials (4) Depending on the practical requirements of the situation, the motion may be made with or without supporting material or a motion record. O. Reg. 689/20, s. 49. Costs on Motion (5) The judge or associate judge shall address the issue of costs at the conclusion of each motion in accordance with rule 57.03, regardless of whether the motion is contested.  O. Reg. 438/08, s. 64; O. Reg. 383/21, s. 15. Formal Order Not Required (6) The judge or associate judge may provide that no formal order need be prepared, signed or entered if the order has been recorded in writing, unless an appeal of the disposition of the motion or a motion for leave to appeal is made to a judge or an appellate court.  O. Reg. 438/08, s. 64; O. Reg. 383/21, s. 15.