CaseLines
 4.05.3 (1) In this rule, “CaseLines” means the software authorized by the Ministry of the Attorney General for the purposes of this rule and that is available on the internet under the name “CaseLines”. O. Reg. 689/20, s. 7. Application (2) This rule applies to all or part of any hearing, pre-trial conference or case conference under these rules, except in a proceeding in the Court of Appeal. O. Reg. 689/20, s. 7. Requirement to Use CaseLines (3) A party shall provide the following documents to the court by submitting them to CaseLines in accordance with this rule, if the court requires the party to do so: 1. Every document the party files or has filed with the court in respect of the hearing or conference. 2. Subject to subrule (5), any other document in the court file that the party intends to rely on at the hearing or conference and that has not already been submitted to CaseLines by another party. 3. A compendium containing the excerpted portions of the cases and of the evidence to which the party intends to refer during the hearing or conference. O. Reg. 689/20, s. 7. Deadline (4) Subject to subrule (5), the documents listed in subrule (3) must be submitted to CaseLines by the following deadline: 1. In the case of the hearing of a motion or application where the party is required to give the registrar a confirmation of motion (Form 37B) or confirmation of application (Form 38B), the deadline is 2 p.m. three days before the hearing date, unless the court orders otherwise. 2. In any other case, the deadline is five days before the date of the hearing or conference, unless the court orders otherwise. O. Reg. 689/20, s. 7; O. Reg. 224/22, s. 1. Transcripts (5) A transcript for use at a trial shall not be submitted to CaseLines until a party refers to the transcript at trial and files a copy of it in accordance with subrule 34.18 (4), and, for greater certainty, that subrule also applies with respect to the copy submitted to CaseLines. O. Reg. 689/20, s. 7. Document Requirements (6) Subject to subrule (7), a document that is submitted to CaseLines must meet the following requirements: 1. The document must be submitted in the following formats: i. A draft order or factum must be submitted in both Portable Document Format (PDF) and Word format. ii. Any other document must be submitted only in Portable Document Format (PDF) or, if appropriate, in Excel format, except that an exhibit may be submitted in any format accepted by CaseLines. 2. The document name, as submitted to CaseLines, must indicate, i. the document type, ii. the type of party submitting the document, iii. the name of the party submitting the document, and iv. the date on which the document was created or signed, in the format DD-MMM-YYYY (e.g. 12-JAN-2021). O. Reg. 689/20, s. 7; O. Reg. 711/20, s. 3. Compendium and Factums (7) The compendium required by paragraph 3 of subrule (3) and any factums that are submitted to CaseLines must, (a) be in Portable Document Format (PDF), with bookmarks as appropriate for each document and section heading within each document; (b) contain, (i) hyperlinks at which copies of the cited authorities may be viewed without charge, such as hyperlinks to the Canadian Legal Information Institute website (CanLii), e-Laws, the federal Justice Laws website or other similar sites, or (ii) relevant excerpts of any cited authority for which copies are not available on a website without charge; and (c) be named in accordance with paragraph 2 of subrule (6). O. Reg. 689/20, s. 7. Document Must be Identical to Document in Court File (8) The party shall ensure that every document that the party submits to CaseLines is identical to that document as contained in the court file, subject to any modifications required by this rule or the court. O. Reg. 689/20, s. 7. Requirement to Keep Original (9) A party who submits a document to CaseLines shall, (a) retain the original document until the 30th day after the expiry of the period for an appeal in the proceeding; and (b) on the request of the court, the registrar or another party, make the original document available to the court, registrar or party for inspection no later than five days after the request is made. O. Reg. 689/20, s. 7. Document in Court File Prevails (10) In the event of an inconsistency between information provided in a document in the court file and information provided in a document submitted to CaseLines, the information in the document in the court file prevails. O. Reg. 689/20, s. 7. Does Not Amount to Filing or Service (11) For greater certainty, submitting documents to CaseLines does not amount to the filing or service of those documents under these rules. O. Reg. 689/20, s. 7. Affidavits Format 4.06 (1) An affidavit used in a proceeding shall, (a) be in Form 4D; (b) be expressed in the first person; (c) state the full name of the deponent and, if the deponent is a party or a lawyer, officer, director, member or employee of a party, shall state that fact; (d) be divided into paragraphs, numbered consecutively, with each paragraph being confined as far as possible to a particular statement of fact; and (e) be signed by the deponent and sworn or affirmed in accordance with the Commissioners for Taking Affidavits Act.  R.R.O. 1990, Reg. 194, r. 4.06 (1); O. Reg. 575/07, s. 1; O. Reg. 689/20, s. 8. 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.  R.R.O. 1990, Reg. 194, r. 4.06 (2). 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, (a) is referred to as being attached to the affidavit, it shall be attached to and filed with the affidavit; (b) is referred to as being produced and shown to the deponent, it shall not be attached to the affidavit or filed with it, but shall be left with the registrar for the use of the court, and on the disposition of the matter in respect of which the affidavit was filed, the exhibit shall be returned to the lawyer or party who filed the affidavit, unless the court orders otherwise; and (c) is a document, a copy shall be served with the affidavit, unless it is impractical to do so.  R.R.O. 1990, Reg. 194, r. 4.06 (3); O. Reg. 575/07, s. 1. 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.  R.R.O. 1990, Reg. 194, r. 4.06 (4). 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.  R.R.O. 1990, Reg. 194, r. 4.06 (5). 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.  R.R.O. 1990, Reg. 194, r. 4.06 (6). 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.  R.R.O. 1990, Reg. 194, r. 4.06 (7). 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.  R.R.O. 1990, Reg. 194, r. 4.06 (8). 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.  R.R.O. 1990, Reg. 194, r. 4.06 (9). Binding of Documents Records 4.07 (1) Records for motions, applications, trials and appeals shall have a light blue backsheet.  O. Reg. 219/91, s. 2. (1.1) Front covers of records for motions shall be, (a) green, in the case of a responding party’s motion record; (b) orange, in the case of a record for a motion under clause 134 (4) (b) of the Courts of Justice Act (motion to receive further evidence); and (c) white, in any other case. O. Reg. 82/17, s. 1. Transcripts (2) Transcripts of evidence for use on a motion or application or at trial shall have a light grey backsheet.  O. Reg. 219/91, s. 2. Appeal Book and Compendium (3) An appeal book and compendium shall be bound front and back in buff covers.  O. Reg. 19/03, s. 1 (1). 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 and compendium or record and, where there is more than one volume of transcripts, the volumes shall be clearly numbered.  O. Reg. 219/91, s. 2; O. Reg. 19/03, s. 1 (2). 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.  O. Reg. 770/92, s. 4. (5.1) Revoked:  O. Reg. 19/03, s. 1 (3). Cover Stock (6) Backsheets and covers shall be of 176g/m2 cover stock.  O. Reg. 219/91, s. 2. Electronic Documents (7) This rule does not apply to a document that is filed electronically in accordance with these rules or submitted to CaseLines under rule 4.05.3; however, if the same document is filed or provided to the court in paper format, this rule applies to the paper version of the document. O. Reg. 689/20, s. 9.