Place of Commencement
 13.1.01 (1) If a statute or rule requires a proceeding to be commenced, brought, tried or heard in a particular county, the proceeding shall be commenced at a court office in that county and the county shall be named in the originating process.  O. Reg. 14/04, s. 10. Choice of Place (2) If subrule (1) does not apply, the proceeding may be commenced at any court office in any county named in the originating process.  O. Reg. 14/04, s. 10. Mortgage Claims (3) In the case of an originating process, whether it is brought under Rule 64 (Mortgage Actions) or otherwise, that contains a claim relating to a mortgage, including a claim for payment of a mortgage debt or for possession of a mortgaged property, the proceeding shall be commenced in the county that the regional senior judge of a region in which the property is located, in whole or in part, designates within that region for such claims. O. Reg. 259/14, s. 4. Transfer Motion to Transfer to Another County 13.1.02 (1) If subrule 13.1.01 (1) applies to a proceeding but a plaintiff or applicant commences it in another place, the court may, on its own initiative or on any party’s motion, order that the proceeding be transferred to the county where it should have been commenced.  O. Reg. 14/04, s. 10. (2) If subrule (1) does not apply, the court may, on any party’s motion, make an order to transfer the proceeding to a county other than the one where it was commenced, if the court is satisfied, (a) that it is likely that a fair hearing cannot be held in the county where the proceeding was commenced; or (b) that a transfer is desirable in the interest of justice, having regard to, (i) where a substantial part of the events or omissions that gave rise to the claim occurred, (ii) where a substantial part of the damages were sustained, (iii) where the subject-matter of the proceeding is or was located, (iv) any local community’s interest in the subject-matter of the proceeding, (v) the convenience of the parties, the witnesses and the court, (vi) whether there are counterclaims, crossclaims, or third or subsequent party claims, (vii) any advantages or disadvantages of a particular place with respect to securing the just, most expeditious and least expensive determination of the proceeding on its merits, (viii) whether judges and court facilities are available at the other county, and (ix) any other relevant matter.  O. Reg. 14/04, s. 10. (3) If an order has previously been made under subrule (2), any party may make a further motion, and in that case subrule (2) applies with necessary modifications.  O. Reg. 14/04, s. 10. Where Motion may be Brought (3.1) Despite rule 37.03 (where motions to be brought) and subrule 76.05 (2) (place of in-person hearings), a motion under subrule (1), (2) or (3) may be brought in the county to which the transfer of the proceeding is sought, in which case, if the motion is to be heard in person, it shall be heard in that county. O. Reg. 689/20, s. 12 (1). Transfer on Initiative of Regional Senior Judge (4) If subrule (1) does not apply, the regional senior judge in whose region the proceeding was commenced may, on his or her own initiative and subject to subrules (5) and (6), make an order to transfer the proceeding to another county in the same region.  O. Reg. 14/04, s. 10. (5) Before making an order under subrule (4), the regional senior judge shall direct the parties to appear before him or her, by personal attendance or by telephone conference or video conference, to consider whether the order should be made.  O. Reg. 14/04, s. 10; O. Reg. 689/20, s. 12 (2). (6) An order under subrule (4) may be made only if the regional senior judge is satisfied that the transfer is desirable in the interest of justice, having regard to the factors listed in subclauses (2) (b) (i) to (ix).  O. Reg. 14/04, s. 10. (7) If an order has previously been made under subrule (4), a further order may be made, and in that case subrule (4) applies with necessary modifications.  O. Reg. 14/04, s. 10. Effect of Order (8) If an order is made under subrule (1), (2) or (4), (a) the court file shall be transferred to the court office in the county to which the proceeding has been transferred; and (b) all further documents required to be filed in the proceeding shall be filed there.  O. Reg. 14/04, s. 10. (9)-(11) Revoked:  R.R.O. 1990, Reg. 194, r. 13.1.02 (12). (12) Spent:  O. Reg. 14/04, s. 10. RULE 14  ORIGINATING PROCESS How Proceedings Commenced By Issuing Originating Process 14.01 (1) A proceeding shall be commenced by the issuing of an originating process. O. Reg. 14/04, s. 11. Exceptions (2) A counterclaim that is only against persons who are already parties to the main action, and a crossclaim, shall be commenced by the delivery of the pleading containing the counterclaim or crossclaim, and the pleading need not be issued. O. Reg. 131/04, s. 4. (2.1) An application for a certificate of appointment of estate trustee under Rule 74 or for a small estate certificate or amended small estate certificate under Rule 74.1 need not be issued. O. Reg. 484/94, s. 4 (2); O. Reg. 111/21, s. 2; O. Reg. 383/21, s. 2. Where Leave Required (3) Where leave to commence a proceeding is required, it shall be obtained by motion. R.R.O. 1990, Reg. 194, r. 14.01 (3). (4) A party may rely on a fact that occurs after the commencement of a proceeding, even though the fact gives rise to a new claim or defence, and, if necessary, may move to amend an originating process or pleading to allege the fact.  R.R.O. 1990, Reg. 194, r. 14.01 (4). 14.01.1 Revoked:  O. Reg. 457/01, s. 2.