jswizzle3737/ontario_laws_and_regs huggingface dataset:
1. (1) These rules apply to civil and family proceedings commenced in the District of Algoma. Rules of Civil Procedure (2) The Rules of Civil Procedure also apply to proceedings to which these rules apply, but in the event of a conflict between these rules and the Rules of Civil Procedure, these rules prevail. Time for defence (3) The time for delivery of a statement of defence is, subject to the provisions of any Act, the shorter of the time provided by these rules and the time provided by the Rules of Civil Procedure. Default procedures (4) Nothing in these rules prevents a plaintiff from signing default judgment or taking other measures on default by a party in accordance with the Rules of Civil Procedure or the Act under which an originating process is issued, even if the time periods in these rules are longer than those provided in the Rules of Civil Procedure or the Act. Dispensing with these rules (5) The court may dispense with compliance with any of these rules where it is just and necessary to do so. R.R.O. 1990, Reg. 187, r. 1. INTERPRETATION
2. (1) These rules shall be liberally interpreted to effect the just, expeditious and least expensive determination on its merits of every proceeding to which they apply. (2) Where a procedure is not provided for in these rules, the practice shall be determined in accordance with the principles set out in subrule (1). R.R.O. 1990, Reg. 187, r. 2. DEFINITIONS
3. In these rules, “case management judge” means the judge assigned to a proceeding under rule 12; (“juge responsable de la gestion des causes”) “Day 1” means the day on which a proceeding is commenced; (“jour premier”) “defendant” includes a respondent in a divorce action or an application; (“défendeur”) “plaintiff” includes a petitioner in a divorce action and an applicant; (“demandeur”) “responding affidavit” means an affidavit filed in response to an application; (“affidavit de défense”) “statement of claim” includes any originating process; (“déclaration”) “statement of defence” includes an answer, a responding affidavit, a counterclaim, a counterpetition and a counter-application; (“défense”) “trial” includes the hearing of an application. (“procès”) R.R.O. 1990, Reg. 187, r. 3. CASE INFORMATION STATEMENT Plaintiff files on commencement
4. (1) The plaintiff shall file a case information statement (Form1) with the statement of claim when commencing a proceeding. Choice of track (2) In the case information statement, the plaintiff shall select the expedited track, the standard track or the complex track provided under rules 7 to 9. Change of track (3) The plaintiff may change the track selection before service of the statement of claim by filing an amended case information statement. Service (4) The plaintiff shall serve the case information statement in duplicate on every defendant with the statement of claim. R.R.O. 1990, Reg. 187, r. 4. RESPONSE TO CASE INFORMATION STATEMENT Defendant completes, serves and files
5. (1) Every defendant shall complete the defendant’s portion of the case information statement served on him or her, showing the defendant’s response to the information and time estimates provided and the track selected by the plaintiff, and shall serve the completed case information statement on the plaintiff and file it. No dispute (2) Where no defendant disputes the track selected by the plaintiff, the proceeding shall be on the track selected by the plaintiff. Dispute followed by agreement (3) Where a defendant disputes the information or time estimates provided or the track selected by the plaintiff, the parties shall confer and attempt to agree on the information, time estimates and track selection and, if the parties reach agreement, they shall jointly file an amended case information statement. Dispute procedure where no agreement (4) Where the parties are unable to agree on the information, time estimates or track selection, the case management judge, on request of a party, shall hold a case conference and determine the information, time estimates and track for the proceeding. R.R.O. 1990, Reg. 187, r. 5. TIME
6. (1) The parties may by agreement abridge any time on the case information statement. (2) The case management judge may at a case conference change the track of a proceeding or abridge or extend the time within which a step is to be taken. R.R.O. 1990, Reg. 187, r. 6. EXPEDITED TRACK
7. (1) In a proceeding on the expedited track, (a) the plaintiff shall file proof of service of the statement of claim and case information statement within forty days after Day 1; (b) the defendant shall file the statement of defence with proof of service not later than seventy days after Day 1, unless subrule 1 (3) prescribes an earlier time; (c) the registrar shall fix the date of the pre-trial conference within 100 days after Day 1; (d) the pre-trial conference shall be held not more than 160 days after Day 1, but at least thirty days after the fixing of its date; and (e) the trial shall begin not more than 220 days after Day 1, but at least thirty days after the pre-trial conference. (2) If a party to an expedited track proceeding serves an affidavit of documents, every other party shall serve an affidavit of documents within ten days. R.R.O. 1990, Reg. 187, r. 7. STANDARD TRACK
8. In a proceeding on the standard track, (a) the plaintiff shall file proof of service of the statement of claim and case information statement within forty days after Day 1; (b) the defendant shall file the statement of defence with proof of service not later than 100 days after Day 1, unless subrule 1 (3) prescribes an earlier time; (c) the registrar shall fix the date of the pre-trial conference within 130 days after Day 1; (d) the pre-trial conference shall be held not more than 250 days after Day 1, but at least thirty days after the fixing of its date; and (e) the trial shall begin not more than 340 days after Day 1, but at least thirty days after the pre-trial conference. R.R.O. 1990, Reg. 187, r. 8. COMPLEX TRACK
9. In a proceeding on the complex track, (a) the plaintiff shall file proof of service of the statement of claim and case information statement within forty days after Day 1; (b) the defendant shall file the statement of defence with proof of service not later than 100 days after Day 1, unless subrule 1 (3) prescribes an earlier time; (c) the case management judge shall hold a case conference within thirty days after the filing of the statement of defence and shall set the estimated times for the holding of the pre-trial conference and the trial; and (d) the trial shall begin within three years after Day 1. R.R.O. 1990, Reg. 187, r. 9. PROVISIONS APPLICABLE TO ALL TRACKS Defendant outside Ontario
10. (1) Where a defendant is served with the statement of claim outside Ontario, the period for filing the statement of defence is extended by twenty days in the case of service elsewhere in Canada or the United States, or by forty days in the case of service anywhere else. Notice of action and notice of intent to defend (2) The times prescribed in these rules are not extended if a notice of action or notice of intent to defend is used. Discovery and cross-examinations (3) Discovery or cross-examinations shall be held and undertakings arising from them shall be completed before the date of the pre-trial conference. Trial record (4) A trial record shall be served and filed before the date of the pre-trial conference. Listing for trial (5) It is not necessary to serve or file a notice of readiness for trial or a notice of listing for trial, and the registrar shall automatically list a proceeding for trial on the filing of the trial record. Pre-trial brief (6) Each party shall serve and file a pre-trial brief at least one week before the pre-trial conference. Family proceedings (7) In a family proceeding, (a) each party shall serve and file a one-page summary of the issues with the pre-trial brief; and (b) where equalization of net family property is in issue, each party shall serve and file a statement of net family property with the pre-trial brief. R.R.O. 1990, Reg. 187, r. 10. COUNTERCLAIM, CROSSCLAIM OR THIRD PARTY CLAIM Same track as main action
11. (1) A counterclaim, crossclaim or third party claim shall be on the same track as the main action. Postponement of pre-trial and trial in main action (2) If a counterclaim is made against a person who is not already a party to the main action or if a third party claim is issued, the pre-trial conference and trial in the main action shall be postponed in order that they may be held at the same time as the pre-trial conference and trial in the counterclaim or third party claim unless the case management judge directs otherwise. Defence of main action by third party (3) A third party who defends in the main action may do so within the time for defence of the third party claim. Reply and defence to counterclaim (4) A reply and defence to counterclaim, if any, shall be served within twenty days after delivery of the statement of defence and counterclaim. R.R.O. 1990, Reg. 187, r. 11. CASE MANAGEMENT JUDGE Assignment
12. (1) A case management judge shall be assigned to a proceeding when the statement of claim is filed and the registrar shall note the judge’s name on the case information statement. Duties (2) The case management judge is responsible for the management and general supervision of the proceeding and may make any orders necessary for the orderly disposition of the proceeding. Duty judge (3) The case management judge shall preside over all case conferences and the pre-trial conference in the proceeding, but if the case management judge is absent, the duty judge may preside. Powers (4) If a party does not comply with a time limit in these rules or with an order of the case management judge, the case management judge may, on notice to the party and the party’s solicitor, in addition to any other remedies, (a) where the non-compliance is on the part of a plaintiff, dismiss the plaintiff’s proceeding; (b) where the non-compliance is on the part of a defendant, strike out the statement of defence. Not to preside at trial (5) The case management judge shall not preside at the trial of the proceeding. R.R.O. 1990, Reg. 187, r. 12. CASE CONFERENCES When held
13. (1) A case conference may be held at any time at the request of a party or the case management judge. Complex track (2) Where a party selects the complex track in a case information statement, a case conference shall be held within thirty days after the filing of the statement of defence to discuss a plan of case management, to fix estimated completion dates and to resolve preliminary issues in the proceeding where possible. Attendance of parties (3) The case management judge may require the parties in addition to their solicitors to attend case conferences to facilitate the expeditious and orderly disposition of the proceeding. By telephone (4) A case conference may, with the consent of the case management judge, be held by means of a conference telephone call. Documents not required (5) No documentation need be filed by a party at a case conference unless the case management judge directs otherwise. Costs (6) The case management judge may award costs of a case conference and, if the judge awards costs, he or she shall fix them. R.R.O. 1990, Reg. 187, r. 13. TRANSITIONAL General
14. (1) A proceeding commenced before the 4th day of September, 1990 becomes subject to these rules on the filing of any document after that date, and for the purpose, (a) a case management judge shall be assigned immediately; (b) the proceeding shall be deemed to be on the standard track; and (c) the time periods for the standard track apply, running from the date of the most recent event referred to in rule 8 that has occurred in the proceeding. Parties may adopt timetable (2) The parties may agree to adopt a specific timetable for the disposition of an action started before the 4th day of September, 1990. R.R.O. 1990, Reg. 187, r. 14. CIVIL CASE MANAGEMENT COMMITTEE Composition
15. (1) There shall be a Civil Case Management Committee composed of, (a) two members of the Algoma District Law Association chosen by that Association to represent the civil bar and two members similarly chosen to represent the family bar; (b) the local registrar, the deputy registrar and the Regional Director of Courts Administration or his or her designate; and (c) the judges of the Superior Court of Justice who reside in the District of Algoma and the regional senior judge or his or her designate. R.R.O. 1990, Reg. 187, r. 15 (1); O. Reg. 293/99, s. 1. Rule amendments (2) The Civil Case Management Committee shall consider proposals for amendments to these rules that are submitted to it and may present recommendations for amendment to the Civil Rules Committee. R.R.O. 1990, Reg. 187, r. 15 (2). ALTERNATIVE DISPUTE RESOLUTION Civil case panel and family case panel
16. (1) There shall be two alternative dispute resolution panels, one for civil proceedings and one for family proceedings, which shall consist of volunteer members of the Algoma District Law Association who are prepared to serve or any other persons agreed upon by the parties. Duties of panel members (2) Panel members shall hear and give opinions on issues that the parties ask them to determine in accordance with subrules (3) and (4). Parties may agree to alternative dispute resolution (3) The parties to a proceeding may agree at any time that, in addition to any other form of pre-trial conference, any issues in the proceeding be considered by one or two members of a dispute resolution panel. Recommendation (4) One or two members of the appropriate panel who are agreed to by the parties shall hear the issues and shall make a recommendation for the resolution of the issues. Parties not bound by recommendation (5) A recommendation of a panel member is not binding on the parties unless the parties agree otherwise in advance. No disclosure to the court (6) No communication shall be made to the judge or officer presiding at the hearing of the proceeding or a motion or reference in the proceeding with respect to any statement made at the alternative dispute resolution hearing, unless the parties and the panel members consent. R.R.O. 1990, Reg. 187, r. 16. SHORT TITLE
17. These rules may be cited as the Algoma Civil Case Management Rules. R.R.O. 1990, Reg. 187, r. 17. FORM 1 Courts of Justice Act     R.R.O. 1990, Reg. 187, Form 1. Français