jswizzle3737/ontario_laws_and_regs huggingface dataset:
1. (1) These rules apply to proceedings commenced in the County of Essex. R.R.O. 1990, Reg. 189, r. 1 (1). Exception, applications (2) Except as provided in subrule 13 (1) (family variation track), these rules do not apply to applications, even if they are to be treated as actions under subrule 38.10 (2) or (3) of the Rules of Civil Procedure. R.R.O. 1990, Reg. 189, r. 1 (2). RULES OF CIVIL PROCEDURE
2. The Rules of Civil Procedure also apply to proceedings to which these rules apply, but these rules prevail in the event of conflict. R.R.O. 1990, Reg. 189, r. 2. INTERPRETATION
3. (1) These rules shall be liberally interpreted to secure the just, most expeditious and least expensive determination, on the merits, of proceedings to which they apply. R.R.O. 1990, Reg. 189, r. 3 (1). Matters not provided for (2) If matters are not provided for in these rules, the practice shall be determined by analogy to them. R.R.O. 1990, Reg. 189, r. 3 (2). Dispensing with compliance (3) The court may dispense with compliance with any provision of these rules if it is just and necessary to do so. R.R.O. 1990, Reg. 189, r. 3 (3). TIME
3.1 (1) The court may by order extend or abridge any time prescribed by these rules or an order, on such terms as are just. O. Reg. 397/91, s. 2. (2) A motion for an order extending time may be made before or after the expiration of the time prescribed. O. Reg. 397/91, s. 2. DEFINITIONS
4. In these rules, “Day 1” means the day on which a proceeding is commenced; (“jour premier”) “defendant” includes the respondent in a divorce action; (“défendeur”) “plaintiff” includes the petitioner in a divorce action. (“demandeur”) R.R.O. 1990, Reg. 189, r. 4. ACTIONS COMMENCED ON OR AFTER SEPTEMBER 4, 1990 CASE INFORMATION STATEMENT
5. (1) When a divorce petition, statement of claim or notice of action is issued on or after the 4th day of September, 1990, the plaintiff shall file a case information statement (Form 1) selecting, (a) the family track, in the case of an action under the Divorce Act (Canada), the Family Law Act or the Children’s Law Reform Act, an action respecting a domestic contract, or an action in constructive trust between spouses or persons who have cohabited; (b) the fast lien track, in the case of a construction lien action; or (c) the fast track or the standard track, in the case of any other action. R.R.O. 1990, Reg. 189, r. 5 (1). Case management order (2) When the plaintiff files the case information statement, the court shall make a case management order in Form 2 (fast track), Form 3 (standard track), Form 4 (family track) or Form 5 (fast lien track). R.R.O. 1990, Reg. 189, r. 5 (2). FAST TRACK
10. (1) An action may be placed on the complex track only by means of a transfer under subrule 11 (4). R.R.O. 1990, Reg. 189, r. 10 (1). (2) The following provisions apply to an action on the complex track: Case management judge 1. A case management judge shall be assigned to the action, to monitor its progress and to make any orders and give any directions that are necessary. Motions 2. The case management judge shall hear all motions in the action unless he or she is unavailable and the court gives a party leave to make a motion to another judge. Refusal of leave for motion 3. 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 4, immediately and regardless of the outcome of the proceeding. Costs 4. When a party is required to pay costs under paragraph 3, every opposing party who is separately represented by counsel is entitled to costs in the amount of $100 (in the case of a construction lien action) or $200 (in any other case). Two or more opposing parties who are represented by the same counsel are jointly entitled to costs in the relevant amount. Status hearing in lien action 5. In the case of a construction lien action, if the action is not set down for trial within eighteen months after Day 1, the case management judge shall hold an informal status hearing. Complex track list 6. As soon as the action is listed for trial, the registrar shall place it on the complex track list. Date and time of pre-trial conference 7. The case management judge shall fix the date and time for the pre-trial conference and fix a date by which all parties shall file pre-trial conference briefs. Pre-trial conference 8. All parties, as well as counsel, shall attend the pre-trial conference, unless an order excusing a party is made before the date fixed for the pre-trial conference. Trial date 9. The case management judge shall preside at the pre-trial conference and shall at that time fix a trial date, which shall be at least sixty days after the pre-trial conference. Additional pre-trial conference 10. After the completion of the pre-trial conference, any party may, on requisition, have an additional pre-trial conference conducted by a different judge. Further pre-trial conferences require an order of the court. Trial 11. The trial shall begin within three years of Day 1. R.R.O. 1990, Reg. 189, r. 10 (2). TRANSFERS FROM ONE TRACK TO ANOTHER Transfers between fast and standard tracks
11. (1) The court may transfer an action from the fast track to the standard track or from the standard track to the fast track on a party’s motion, made with leave after the close of pleadings. R.R.O. 1990, Reg. 189, r. 11 (1). Timely transfers from fast to standard track (2) Leave is not required for a motion to transfer an action from the fast track to the standard track if notice of the motion is given within ten days after the close of pleadings. R.R.O. 1990, Reg. 189, r. 11 (2). Transfers from family to fast track (3) The court may transfer an action from the family track to the fast track on a party’s motion, made with leave after the close of pleadings. R.R.O. 1990, Reg. 189, r. 11 (3). Transfers to complex track (4) An action may be placed on the complex track only by a transfer from the fast track, the standard track, the family track or the fast lien track ordered, on a party’s motion, by a judge designated by the regional senior judge. R.R.O. 1990, Reg. 189, r. 11 (4). (5) The motion may be made at the hearing of the motion referred to in paragraph 12 of subrule 9 (2) (in the case of a construction lien action) or after the close of pleadings (in any other case). R.R.O. 1990, Reg. 189, r. 11 (5). (6) The motion does not require leave or supporting written material and may be heard by means of a conference telephone call. R.R.O. 1990, Reg. 189, r. 11 (6). Form of order for transfer to complex track (7) The order transferring the action to the complex track shall be a case management order in Form6 (complex track). R.R.O. 1990, Reg. 189, r. 11 (7). Transfers from complex track (8) The case management judge assigned to an action on the complex track may at any time, on a party’s motion or on his or her own initiative, transfer the action to the standard track, the fast track, the family track or the fast lien track. R.R.O. 1990, Reg. 189, r. 11 (8). Content of order for transfer other than to complex track. (9) An order transferring an action from one track to another, other than an order transferring it to the complex track, shall be a case management order reciting the appropriate provisions of rule 6 (fast track), rule 7 (standard track), rule 8 (family track) or rule 9 (fast lien track), as the case may be, directions being given and time limits being modified as may be necessary. R.R.O. 1990, Reg. 189, r. 11 (9). COUNTERCLAIMS, CROSSCLAIMS AND THIRD PARTY CLAIMS Track for counterclaims, crossclaims and third party claims
12. (1) A counterclaim, crossclaim or third party claim shall be on the same track as the main action and, except for the delivery of pleadings, shall follow the same timetable. R.R.O. 1990, Reg. 189, r. 12 (1). Postponement of pre-trial conference 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 there is a third party claim, 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 court orders otherwise. R.R.O. 1990, Reg. 189, r. 12 (2). Defence of main action by third party (3) A third party who defends in the main action may do so within the time periods for defending the third party claim. R.R.O. 1990, Reg. 189, r. 12 (3). AFFIDAVIT EVIDENCE OR ALTERNATIVE DISPUTE RESOLUTION
12.1 Ata management, settlement or pre-trial conference, or on a motion, a judge may, (a) order that the evidence of an expert or other witness on behalf of a party be given by affidavit, on condition that the affidavit be served on all other parties at least 10 days before trial and that the witness be available for cross-examination at trial; or (b) refer any issue, on consent of the parties, to an arbitrator, mediator or other person, on such terms, including reports back to the court, as appear appropriate. O. Reg. 744/94, s. 5. FAMILY VARIATION APPLICATIONS MADE ON OR AFTER SEPTEMBER 4, 1990 Scope
14. The following provisions apply to an action commenced before the 1st day of January, 1985: Notices of readiness 1. It is not necessary to serve notices of readiness for trial. Case management judge, list 2. As soon as the action is listed for trial, a case management judge shall be assigned to it and the registrar shall place it on a list of actions commenced before the 1st day of January, 1985. Date and time of pre-trial conference 3. The case management judge shall fix the date and time for the pre-trial conference and fix a date by which all parties shall file pre-trial conference briefs. Failure to file pre-trial conference brief 4. If a party does not file a pre-trial conference brief by the date fixed by the judge, the registrar shall, unless the case management judge orders otherwise, make an order requiring the party to pay costs in an amount determined in accordance with paragraph 5, immediately and regardless of the outcome of the proceedings, and fixing a date on which the party shall appear with counsel to explain the default to the court. Costs 5. When a party is required to pay costs under paragraph 4, every opposing party who is separately represented by counsel is entitled to costs in the amount of $300. Two or more opposing parties who are represented by the same counsel are jointly entitled to costs in that amount. Pre-trial conference 6. All parties, as well as counsel, shall attend the pre-trial conference, unless an order excusing a party is made before the date fixed for the pre-trial conference. The motion for such an order does not require supporting written material and may be heard by means of a conference telephone call. 7. At the pre-trial conference, the presiding judge may give any necessary directions and may fix a trial date. Special ready list 8. If the judge presiding at the pre-trial conference does not fix a trial date, the action shall be placed on a ready list reserved for actions commenced before the 1st day of January, 1985. After one month has expired from the date of the pre-trial conference, the action may be called for trial at any time, without notice. R.R.O. 1990, Reg. 189, r. 14. ACTIONS COMMENCED ON OR AFTER JANUARY 1, 1985 AND BEFORE SEPTEMBER 4, 1990
15. The following provisions apply to an action commenced on or after the 1st day of January, 1985 and before the 4th day of September, 1990: Notices of readiness 1. It is not necessary to serve notices of readiness for trial. Listing for trial 2. If the action was commenced on or before the 31st day of December, 1989, the plaintiff shall serve and file the record and list the action for trial within thirty days of the close of pleadings or on or before the 5th day of November, 1990, whichever is later. 3. If the action was commenced after the 31st day of December, 1989 and before the 4th day of September, 1990, the plaintiff shall serve and file the record and list the action for trial on or before the 31st day of December, 1990. Default 4. If the plaintiff does not comply with paragraph 2 or 3, as the case may be, the registrar shall immediately serve on the plaintiff a notice that the action will be dismissed if the plaintiff does not cure the default 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. Appropriate list 5. As soon as the action is listed for trial, the registrar shall place it on the standard track list, the family track list or the fast lien track list, or on the complex track list if a judge designated by the regional senior judge so orders on a party’s motion. The motion does not require leave or supporting written material and may be heard by means of a conference telephone call. Date and time of case management conference 6. The registrar shall also fix a date and time for a case management conference and may order that the conference be held by means of a conference telephone call. Case management conference 7. The judge presiding at the case management conference shall fix the date and time for the pre-trial conference and fix a date by which all parties shall file pre-trial conference briefs. Action continues on appropriate track 8. Paragraphs 10 to 17 of rule 7 (standard track), paragraphs 19 to 26 of rule 8 (family track), paragraph 10 of rule 9 (fast lien track) or paragraphs 1 to 10 of subrule 10 (2) (complex track), as the case may be, apply to the action with necessary modifications. R.R.O. 1990, Reg. 189, r. 15. CIVIL CASE MANAGEMENT COMMITTEE Composition
15.1 (1) There shall be a Civil Case Management Committee composed of, (a) eight members of the Essex Law Association chosen by that association; (b) five members of the staff of the Ministry of the Attorney General in Windsor chosen by the Court Services Manager at Windsor; and (c) the judges and master of the Superior Court of Justice who reside in the Southwest Region. O. Reg. 397/91, s. 5; O. Reg. 294/99, s. 1. Note: For greater certainty, the amendments made by Ontario Regulation 294/99 do not affect the application of section 10 of the Courts Improvement Act, 1996.  See: O. Reg. 249/99, s. 2. Functions (2) The Civil Case Management Committee shall, (a) monitor and evaluate the operation of case management under these rules; and (b) consider proposals for amendments to these rules that are submitted to it and present recommendations for amendments to the Civil Rules Committee. O. Reg. 397/91, s. 5. SHORT TITLE
16. These rules may be cited as the Essex Civil Case Management Rules. R.R.O. 1990, Reg. 189, r. 16. FORM 1 Courts of Justice Act CASE INFORMATION STATEMENT   Note: For greater certainty, the amendments made by Ontario Regulation 294/99 do not affect the application of section 10 of the Courts Improvement Act, 1996.  See: O. Reg. 294/99, s. 2. R.R.O. 1990, Reg. 189, Form 1; O. Reg. 294/99, s. 1. FORM 2 Courts of Justice Act CASE MANAGEMENT ORDER   (FAST TRACK)       R.R.O. 1990, Reg. 189, Form 2; O. Reg. 744/94, s. 7. FORM 3 Courts of Justice Act CASE MANAGEMENT ORDER   (STANDARD TRACK)       R.R.O. 1990, Reg. 189, Form 3; O. Reg. 397/91, s. 6; O. Reg. 744/94, s. 8. FORM 4 Courts of Justice Act CASE MANAGEMENT ORDER   (FAMILY TRACK)       R.R.O. 1990, Reg. 189, Form 4; O. Reg. 397/91, s. 7; O. Reg. 744/94, s. 9. FORM 5 Courts of Justice Act CASE MANAGEMENT ORDER   (FAST LIEN TRACK)         R.R.O. 1990, Reg. 189, Form 5; O. Reg. 744/94, s. 10. FORM 6 Courts of Justice Act CASE MANAGEMENT ORDER   (COMPLEX TRACK)     R.R.O. 1990, Reg. 189, Form 6. FORM 7 Courts of Justice Act CASE MANAGEMENT ORDER   (FAMILY VARIATION TRACK)       R.R.O. 1990, Reg. 189, Form 7. Français