jswizzle3737/ontario_laws_and_regs huggingface dataset:
Service outside Ontario without Leave
 17.02 A party to a proceeding may, without a court order, be served outside Ontario with an originating process or notice of a reference where the proceeding against the party consists of a claim or claims, Property in Ontario (a) in respect of real or personal property in Ontario; Administration of Estates (b) in respect of the administration of the estate of a deceased person, (i) in respect of real property in Ontario, or (ii) in respect of personal property, where the deceased person, at the time of death, was resident in Ontario; Interpretation of an Instrument (c) for the interpretation, rectification, enforcement or setting aside of a deed, will, contract or other instrument in respect of, (i) real or personal property in Ontario, or (ii) the personal property of a deceased person who, at the time of death, was resident in Ontario; Trustee Where Assets Include Property in Ontario (d) against a trustee in respect of the execution of a trust contained in a written instrument where the assets of the trust include real or personal property in Ontario; Mortgage on Property in Ontario (e) for foreclosure, sale, payment, possession or redemption in respect of a mortgage, charge or lien on real or personal property in Ontario; Contracts (f) in respect of a contract where, (i) the contract was made in Ontario, (ii) the contract provides that it is to be governed by or interpreted in accordance with the law of Ontario, (iii) the parties to the contract have agreed that the courts of Ontario are to have jurisdiction over legal proceedings in respect of the contract, or (iv) a breach of the contract has been committed in Ontario, even though the breach was preceded or accompanied by a breach outside Ontario that rendered impossible the performance of the part of the contract that ought to have been performed in Ontario; Tort Committed in Ontario (g) in respect of a tort committed in Ontario; (h)  Revoked: O. Reg. 231/13, s. 5. Injunctions (i) for an injunction ordering a party to do, or refrain from doing, anything in Ontario or affecting real or personal property in Ontario; (j)-(l)  Revoked:  O. Reg. 131/04, s. 9. Judgment of Court Outside Ontario (m) on a judgment of a court outside Ontario; Authorized by Statute (n) authorized by statute to be made against a person outside Ontario by a proceeding commenced in Ontario; (o)  Revoked:
 O. Reg. 43/14, s. 6. Person Resident or Carrying on Business in Ontario (p) against a person ordinarily resident or carrying on business in Ontario; Counterclaim, Crossclaim or Third Party Claim (q) properly the subject matter of a counterclaim, crossclaim or third or subsequent party claim under these rules; or Taxes (r) made by or on behalf of the Crown or a municipal corporation to recover money owing for taxes or other debts due to the Crown or the municipality.  R.R.O. 1990, Reg. 194, r. 17.02; O. Reg. 171/98, s. 2; O. Reg. 131/04, s. 9; O. Reg. 231/13, s. 5; O. Reg. 43/14, s. 6.
Service outside Ontario with Leave
 17.03 (1) In any case to which rule 17.02 does not apply, the court may grant leave to serve an originating process or notice of a reference outside Ontario.  R.R.O. 1990, Reg. 194, r. 17.03 (1). (2) A motion for leave to serve a party outside Ontario may be made without notice, and shall be supported by an affidavit or other evidence showing in which place or country the person is or probably may be found, and the grounds on which the motion is made.  R.R.O. 1990, Reg. 194, r. 17.03 (2).
Additional Requirements for Service outside Ontario
 17.04 (1) An originating process served outside Ontario without leave shall disclose the facts and specifically refer to the provision of rule 17.02 relied on in support of such service.  R.R.O. 1990, Reg. 194, r. 17.04 (1). (2) Where an originating process is served outside Ontario with leave of the court, the originating process shall be served together with the order granting leave and any affidavit or other evidence used to obtain the order.  R.R.O. 1990, Reg. 194, r. 17.04 (2). Manner of Service outside Ontario Definitions 17.05 (1) In this rule, “contracting state” means a contracting state under the Convention; (“État contractant”) “Convention” means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on November 15, 1965. (“Convention”)  R.R.O. 1990, Reg. 194, r. 17.05 (1). General Manner of Service (2) An originating process or other document to be served outside Ontario in a jurisdiction that is not a contracting state may be served in the manner provided by these rules for service in Ontario, or in the manner provided by the law of the jurisdiction where service is made, if service made in that manner could reasonably be expected to come to the notice of the person to be served.  R.R.O. 1990, Reg. 194, r. 17.05 (2). Manner of Service in Convention States (3) An originating process or other document to be served outside Ontario in a contracting state shall be served, (a) through the central authority in the contracting state; or (b) in a manner that is permitted by the Convention and that would be permitted by these rules if the document were being served in Ontario.  O. Reg. 535/92, s. 7; O. Reg. 231/13, s. 6. Proof of Service (4) Service may be proved, (a) in the manner provided by these rules for proof of service in Ontario; (b) in the manner provided by the law of the jurisdiction where service is made; or (c) in accordance with the Convention, if service is made in a contracting state (Forms 17A to 17C).  R.R.O. 1990, Reg. 194, r. 17.05 (4).
Manner of Service outside Ontario
 17.05 (1) In this rule, “contracting state” means a contracting state under the Convention; (“État contractant”) “Convention” means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on November 15, 1965. (“Convention”)  R.R.O. 1990, Reg. 194, r. 17.05 (1). General Manner of Service (2) An originating process or other document to be served outside Ontario in a jurisdiction that is not a contracting state may be served in the manner provided by these rules for service in Ontario, or in the manner provided by the law of the jurisdiction where service is made, if service made in that manner could reasonably be expected to come to the notice of the person to be served.  R.R.O. 1990, Reg. 194, r. 17.05 (2). Manner of Service in Convention States (3) An originating process or other document to be served outside Ontario in a contracting state shall be served, (a) through the central authority in the contracting state; or (b) in a manner that is permitted by the Convention and that would be permitted by these rules if the document were being served in Ontario.  O. Reg. 535/92, s. 7; O. Reg. 231/13, s. 6. Proof of Service (4) Service may be proved, (a) in the manner provided by these rules for proof of service in Ontario; (b) in the manner provided by the law of the jurisdiction where service is made; or (c) in accordance with the Convention, if service is made in a contracting state (Forms 17A to 17C).  R.R.O. 1990, Reg. 194, r. 17.05 (4).
Motion to Set Aside Service outside Ontario
 17.06 (1) A party who has been served with an originating process outside Ontario may move, before delivering a defence, notice of intent to defend or notice of appearance, (a) for an order setting aside the service and any order that authorized the service; or (b) for an order staying the proceeding.  R.R.O. 1990, Reg. 194, r. 17.06 (1). (2) The court may make an order under subrule (1) or such other order as is just where it is satisfied that, (a) service outside Ontario is not authorized by these rules; (b) an order granting leave to serve outside Ontario should be set aside; or (c) Ontario is not a convenient forum for the hearing of the proceeding.  R.R.O. 1990, Reg. 194, r. 17.06 (2). (3) Where on a motion under subrule (1) the court concludes that service outside Ontario is not authorized by these rules, but the case is one in which it would have been appropriate to grant leave to serve outside Ontario under rule 17.03, the court may make an order validating the service.  R.R.O. 1990, Reg. 194, r. 17.06 (3). (4) The making of a motion under subrule (1) is not in itself a submission to the jurisdiction of the court over the moving party.  R.R.O. 1990, Reg. 194, r. 17.06 (4). RULE 18  TIME FOR DELIVERY OF STATEMENT OF DEFENCE
RULE 18 TIME FOR DELIVERY OF STATEMENT OF DEFENCE
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Time for Delivery of Statement of Defence
 18.01 Except as provided in rule 18.02 or subrule 19.01 (5) (late delivery of defence) or 27.04 (2) (counterclaim against plaintiff and non-party), a statement of defence (Form 18A) shall be delivered, (a) within twenty days after service of the statement of claim, where the defendant is served in Ontario; (b) within forty days after service of the statement of claim, where the defendant is served elsewhere in Canada or in the United States of America; or (c) within sixty days after service of the statement of claim, where the defendant is served anywhere else.  R.R.O. 1990, Reg. 194, r. 18.01.
Notice of Intent to Defend
 18.02 (1) A defendant who is served with a statement of claim and intends to defend the action may deliver a notice of intent to defend (Form 18B) within the time prescribed for delivery of a statement of defence.  R.R.O. 1990, Reg. 194, r. 18.02 (1). (2) A defendant who delivers a notice of intent to defend within the prescribed time is entitled to ten days, in addition to the time prescribed by rule 18.01, within which to deliver a statement of defence.  R.R.O. 1990, Reg. 194, r. 18.02 (2). (3) Subrules (1) and (2) apply, with necessary modifications, to, (a) a defendant to a counterclaim who is not already a party to the main action and who has been served with a statement of defence and counterclaim; and (b) a third party who has been served with a third party claim.  R.R.O. 1990, Reg. 194, r. 18.02 (3). 18.03 Revoked:  O. Reg. 457/01, s. 4. DISPOSITION WITHOUT TRIAL RULE 19  DEFAULT PROCEEDINGS Noting Default Where no Defence Delivered 19.01 (1) Where a defendant fails to deliver a statement of defence within the prescribed time, the plaintiff may, on filing proof of service of the statement of claim, or of deemed service under subrule 16.01 (2), require the registrar to note the defendant in default.  R.R.O. 1990, Reg. 194, r. 19.01 (1); O. Reg. 113/01, s. 3. (1.1) Revoked:  O. Reg. 43/14, s. 7. Where Defence Struck Out (2) Where the statement of defence of a defendant has been struck out, (a) without leave to deliver another; or (b) with leave to deliver another, and the defendant has failed to deliver another within the time allowed, the plaintiff may, on filing a copy of the order striking out the statement of defence, require the registrar to note the defendant in default.  R.R.O. 1990, Reg. 194, r. 19.01 (2). Noting of Default by Co-defendant (3) Where a plaintiff has failed to require the registrar to note a defendant in default, the court on motion of any other defendant who has delivered a statement of defence, on notice to the plaintiff, may order the registrar to note the other defendant in default.  R.R.O. 1990, Reg. 194, r. 19.01 (3) Party under Disability (4) If a party to an action is under disability, the party may be noted in default only with leave of a judge obtained on motion under rule 7.07.  O. Reg. 19/03, s. 5. Late Delivery of Defence (5) A defendant may deliver a statement of defence at any time before being noted in default under this rule.  R.R.O. 1990, Reg. 194, r. 19.01 (5).
DISPOSITION WITHOUT TRIAL
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RULE 19 DEFAULT PROCEEDINGS
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Noting Default
 19.01 (1) Where a defendant fails to deliver a statement of defence within the prescribed time, the plaintiff may, on filing proof of service of the statement of claim, or of deemed service under subrule 16.01 (2), require the registrar to note the defendant in default.  R.R.O. 1990, Reg. 194, r. 19.01 (1); O. Reg. 113/01, s. 3. (1.1) Revoked:  O. Reg. 43/14, s. 7. Where Defence Struck Out (2) Where the statement of defence of a defendant has been struck out, (a) without leave to deliver another; or (b) with leave to deliver another, and the defendant has failed to deliver another within the time allowed, the plaintiff may, on filing a copy of the order striking out the statement of defence, require the registrar to note the defendant in default.  R.R.O. 1990, Reg. 194, r. 19.01 (2). Noting of Default by Co-defendant (3) Where a plaintiff has failed to require the registrar to note a defendant in default, the court on motion of any other defendant who has delivered a statement of defence, on notice to the plaintiff, may order the registrar to note the other defendant in default.  R.R.O. 1990, Reg. 194, r. 19.01 (3) Party under Disability (4) If a party to an action is under disability, the party may be noted in default only with leave of a judge obtained on motion under rule 7.07.  O. Reg. 19/03, s. 5. Late Delivery of Defence (5) A defendant may deliver a statement of defence at any time before being noted in default under this rule.  R.R.O. 1990, Reg. 194, r. 19.01 (5).
Consequences of Noting Default
 19.02 (1) A defendant who has been noted in default, (a) is deemed to admit the truth of all allegations of fact made in the statement of claim; and (b) shall not deliver a statement of defence or take any other step in the action, other than a motion to set aside the noting of default or any judgment obtained by reason of the default, except with leave of the court or the consent of the plaintiff.  R.R.O. 1990, Reg. 194, r. 19.02 (1). (2) Despite any other rule, where a defendant has been noted in default, any step in the action that requires the consent of a defendant may be taken without the consent of the defendant in default.  R.R.O. 1990, Reg. 194, r. 19.02 (2). (3) Despite any other rule, a defendant who has been noted in default is not entitled to notice of any step in the action and need not be served with any document in the action, except where the court orders otherwise or where a party requires the personal attendance of the defendant, and except as provided in, (a) subrule 26.04 (3) (amended pleading); (b) subrule 27.04 (3) (counterclaim); (c) subrule 28.04 (2) (crossclaim); (d) subrule 29.11 (2) (fourth or subsequent party claim); (e) subrule 54.08 (1) (motion for confirmation of report on reference); (f) subrule 54.09 (1) (report on reference); (g) subrule 54.09 (3) (motion to oppose confirmation of report on reference); (h) subrule 55.02 (2) (notice of hearing for directions on reference); (i) clause 64.03 (8) (a) (notice of taking of account in foreclosure action); (j) subrule 64.03 (24) (notice of reference in action converted from foreclosure to sale); (k) subrule 64.04 (7) (notice of taking of account in sale action); (l) subrule 64.06 (8) (notice of reference in mortgage action); (m) subrule 64.06 (17) (report on reference in mortgage action); and (n) subrule 64.06 (21) (notice of change of account); (o), (p)  Revoked:  O. Reg. 131/04, s. 10 (2). R.R.O. 1990, Reg. 194, r. 19.02 (3); O. Reg. 69/95, s. 19; O. Reg. 131/04, s. 10.
By Signing Default Judgment
 19.04 (1) Where a defendant has been noted in default, the plaintiff may require the registrar to sign judgment against the defendant in respect of a claim for, (a) a debt or liquidated demand in money, including interest if claimed in the statement of claim (Form 19A); (b) the recovery of possession of land (Form 19B); (c) the recovery of possession of personal property (Form 19C); or (d) foreclosure, sale or redemption of a mortgage (Forms 64B to 64D, 64G to 64K and 64M).  R.R.O. 1990, Reg. 194, r. 19.04 (1). (1.1) Revoked:  O. Reg. 14/04, s. 13. Requisition for Default Judgment (2) Before the signing of default judgment, the plaintiff shall file with the registrar a requisition for default judgment (Form 19D), (a) stating that the claim comes within the class of cases for which default judgment may properly be signed; (b) stating whether there has been any partial payment of the claim and setting out the date and amount of any partial payment; (c) where the plaintiff has claimed prejudgment interest in the statement of claim, setting out how the interest is calculated; (d) where the plaintiff has claimed postjudgment interest in the statement of claim at a rate other than as provided in section 129 of the Courts of Justice Act, setting out the rate; and (e) stating whether the plaintiff wishes costs to be fixed by the registrar or assessed.  R.R.O. 1990, Reg. 194, r. 19.04 (2). Registrar may Decline to Sign Default Judgment (3) The registrar may decline to sign default judgment if uncertain, (a) whether the claim comes within the class of cases for which default judgment may properly be signed; or (b) of the amount or rate that is properly recoverable for prejudgment or postjudgment interest.  O. Reg. 171/98, s. 4. (3.1) If the registrar declines to sign default judgment, the plaintiff may, (a) move before a judge for judgment under rule 19.05; or (b) in the case of a claim referred to in subrule (1), make a motion to the court for default judgment.  O. Reg. 171/98, s. 4. Where Claim Partially Satisfied (4) Where the claim has been partially satisfied, the default judgment shall be confined to the remainder of the claim.  R.R.O. 1990, Reg. 194, r. 19.04 (4). Postjudgment Interest (5) Where the registrar signs default judgment and the plaintiff has claimed postjudgment interest in the statement of claim at a rate other than as provided in section 129 of the Courts of Justice Act, the default judgment shall provide for postjudgment interest at the rate claimed.  R.R.O. 1990, Reg. 194, r. 19.04 (5). Costs (6) On signing a default judgment, the registrar shall fix the costs under Tariff A to which the plaintiff is entitled against the defendant in default and shall include the costs in the judgment unless, (a) the judgment directs a reference; or (b) the plaintiff states in the requisition that he or she wishes to have the costs assessed, in which case the judgment shall include costs to be determined on the reference or on assessment.  R.R.O. 1990, Reg. 194, r. 19.04 (6).
By Motion for Judgment
 19.05 (1) Where a defendant has been noted in default, the plaintiff may move before a judge for judgment against the defendant on the statement of claim in respect of any claim for which default judgment has not been signed.  R.R.O. 1990, Reg. 194, r. 19.05 (1). (2) A motion for judgment under subrule (1) shall be supported by evidence given by affidavit if the claim is for unliquidated damages.  R.R.O. 1990, Reg. 194, r. 19.05 (2); O. Reg. 131/04, s. 11. (3) On a motion for judgment under subrule (1), the judge may grant judgment, dismiss the action or order that the action proceed to trial and that oral evidence be presented.  R.R.O. 1990, Reg. 194, r. 19.05 (3). (4) Where an action proceeds to trial, a motion for judgment on the statement of claim against a defendant noted in default may be made at the trial.  R.R.O. 1990, Reg. 194, r. 19.05 (4).
Facts Must Entitle Plaintiff to Judgment
 19.06 A plaintiff is not entitled to judgment on a motion for judgment or at trial merely because the facts alleged in the statement of claim are deemed to be admitted, unless the facts entitle the plaintiff to judgment.  R.R.O. 1990, Reg. 194, r. 19.06.
Effect of Default Judgment
 19.07 A judgment obtained against a defendant who has been noted in default does not prevent the plaintiff from proceeding against the same defendant for any other relief.  R.R.O. 1990, Reg. 194, r. 19.07.
Setting Aside Default Judgment
 19.08 (1) A judgment against a defendant who has been noted in default that is signed by the registrar or granted by the court on motion under rule 19.04 may be set aside or varied by the court on such terms as are just.  R.R.O. 1990, Reg. 194, r. 19.08 (1). (2) A judgment against a defendant who has been noted in default that is obtained on a motion for judgment on the statement of claim under rule 19.05 or that is obtained after trial may be set aside or varied by a judge on such terms as are just.  R.R.O. 1990, Reg. 194, r. 19.08 (2). (3) On setting aside a judgment under subrule (1) or (2) the court or judge may also set aside the noting of default under rule 19.03.  R.R.O. 1990, Reg. 194, r. 19.08 (3).
Application to Counterclaims, Crossclaims and Third Party Claims
 19.09 Rules 19.01 to 19.08 apply, with necessary modifications, to counterclaims, crossclaims and third party claims, subject to rules 28.07 (default of defence to crossclaim) and 29.07 (default of defence to third party claim).  R.R.O. 1990, Reg. 194, r. 19.09. RULE 20  SUMMARY JUDGMENT Where Available To Plaintiff 20.01 (1) A plaintiff may, after the defendant has delivered a statement of defence or served a notice of motion, move with supporting affidavit material or other evidence for summary judgment on all or part of the claim in the statement of claim.  R.R.O. 1990, Reg. 194, r. 20.01 (1). (2) The plaintiff may move, without notice, for leave to serve a notice of motion for summary judgment together with the statement of claim, and leave may be given where special urgency is shown, subject to such directions as are just.  R.R.O. 1990, Reg. 194, r. 20.01 (2). To Defendant (3) A defendant may, after delivering a statement of defence, move with supporting affidavit material or other evidence for summary judgment dismissing all or part of the claim in the statement of claim.  R.R.O. 1990, Reg. 194, r. 20.01 (3).
RULE 20 SUMMARY JUDGMENT
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Where Available
 20.01 (1) A plaintiff may, after the defendant has delivered a statement of defence or served a notice of motion, move with supporting affidavit material or other evidence for summary judgment on all or part of the claim in the statement of claim.  R.R.O. 1990, Reg. 194, r. 20.01 (1). (2) The plaintiff may move, without notice, for leave to serve a notice of motion for summary judgment together with the statement of claim, and leave may be given where special urgency is shown, subject to such directions as are just.  R.R.O. 1990, Reg. 194, r. 20.01 (2). To Defendant (3) A defendant may, after delivering a statement of defence, move with supporting affidavit material or other evidence for summary judgment dismissing all or part of the claim in the statement of claim.  R.R.O. 1990, Reg. 194, r. 20.01 (3).
Evidence on Motion
 20.02 (1) An affidavit for use on a motion for summary judgment may be made on information and belief as provided in subrule 39.01 (4), but, on the hearing of the motion, the court may, if appropriate, draw an adverse inference from the failure of a party to provide the evidence of any person having personal knowledge of contested facts.  O. Reg. 438/08, s. 12. (2) In response to affidavit material or other evidence supporting a motion for summary judgment, a responding party may not rest solely on the allegations or denials in the party’s pleadings, but must set out, in affidavit material or other evidence, specific facts showing that there is a genuine issue requiring a trial.  O. Reg. 438/08, s. 12.
Costs Sanctions for Improper Use of Rule
 20.06 The court may fix and order payment of the costs of a motion for summary judgment by a party on a substantial indemnity basis if, (a) the party acted unreasonably by making or responding to the motion; or (b) the party acted in bad faith for the purpose of delay.  O. Reg. 438/08, s. 14.
Effect of Summary Judgment
 20.07 A plaintiff who obtains summary judgment may proceed against the same defendant for any other relief.  R.R.O. 1990, Reg. 194, r. 20.07.
Stay of Execution
 20.08 Where it appears that the enforcement of a summary judgment ought to be stayed pending the determination of any other issue in the action or a counterclaim, crossclaim or third party claim, the court may so order on such terms as are just.  R.R.O. 1990, Reg. 194, r. 20.08.
Application to Counterclaims, Crossclaims and Third Party Claims
 20.09 Rules 20.01 to 20.08 apply, with necessary modifications, to counterclaims, crossclaims and third party claims.  R.R.O. 1990, Reg. 194, r. 20.09. RULE 21  DETERMINATION OF AN ISSUE BEFORE TRIAL Where Available To Any Party on a Question of Law 21.01 (1) A party may move before a judge, (a) for the determination, before trial, of a question of law raised by a pleading in an action where the determination of the question may dispose of all or part of the action, substantially shorten the trial or result in a substantial saving of costs; or (b) to strike out a pleading on the ground that it discloses no reasonable cause of action or defence, and the judge may make an order or grant judgment accordingly.  R.R.O. 1990, Reg. 194, r. 21.01 (1). (2) No evidence is admissible on a motion, (a) under clause (1) (a), except with leave of a judge or on consent of the parties; (b) under clause (1) (b).  R.R.O. 1990, Reg. 194, r. 21.01 (2). To Defendant (3) A defendant may move before a judge to have an action stayed or dismissed on the ground that, Jurisdiction (a) the court has no jurisdiction over the subject matter of the action; Capacity (b) the plaintiff is without legal capacity to commence or continue the action or the defendant does not have the legal capacity to be sued; Another Proceeding Pending (c) another proceeding is pending in Ontario or another jurisdiction between the same parties in respect of the same subject matter; or Action Frivolous, Vexatious or Abuse of Process (d) the action is frivolous or vexatious or is otherwise an abuse of the process of the court, and the judge may make an order or grant judgment accordingly.  R.R.O. 1990, Reg. 194, r. 21.01 (3).
RULE 21 DETERMINATION OF AN ISSUE BEFORE TRIAL
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Where Available
 21.01 (1) A party may move before a judge, (a) for the determination, before trial, of a question of law raised by a pleading in an action where the determination of the question may dispose of all or part of the action, substantially shorten the trial or result in a substantial saving of costs; or (b) to strike out a pleading on the ground that it discloses no reasonable cause of action or defence, and the judge may make an order or grant judgment accordingly.  R.R.O. 1990, Reg. 194, r. 21.01 (1). (2) No evidence is admissible on a motion, (a) under clause (1) (a), except with leave of a judge or on consent of the parties; (b) under clause (1) (b).  R.R.O. 1990, Reg. 194, r. 21.01 (2). To Defendant (3) A defendant may move before a judge to have an action stayed or dismissed on the ground that, Jurisdiction (a) the court has no jurisdiction over the subject matter of the action; Capacity (b) the plaintiff is without legal capacity to commence or continue the action or the defendant does not have the legal capacity to be sued; Another Proceeding Pending (c) another proceeding is pending in Ontario or another jurisdiction between the same parties in respect of the same subject matter; or Action Frivolous, Vexatious or Abuse of Process (d) the action is frivolous or vexatious or is otherwise an abuse of the process of the court, and the judge may make an order or grant judgment accordingly.  R.R.O. 1990, Reg. 194, r. 21.01 (3).
Motion to be Made Promptly
 21.02 A motion under rule 21.01 shall be made promptly and a failure to do so may be taken into account by the court in awarding costs.  R.R.O. 1990, Reg. 194, r. 21.02.
Factums Required
 21.03 (1) On a motion under rule 21.01, each party shall serve on every other party to the motion a factum consisting of a concise argument stating the facts and law relied on by the party.  O. Reg. 14/04, s. 15. (2) The moving party’s factum shall be served and filed with proof of service in the court office where the motion is to be heard at least seven days before the hearing.  O. Reg. 394/09, s. 5. (3) The responding party’s factum shall be served and filed with proof of service in the court office where the motion is to be heard at least four days before the hearing.  O. Reg. 394/09, s. 5. (4) Revoked:  O. Reg. 394/09, s. 5. RULE 22  SPECIAL CASE
RULE 22 SPECIAL CASE
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Where Available
 22.01 (1) Where the parties to a proceeding concur in stating a question of law in the form of a special case for the opinion of the court, any party may move before a judge to have the special case determined.  R.R.O. 1990, Reg. 194, r. 22.01 (1). (2) Where the judge is satisfied that the determination of the question may dispose of all or part of the proceeding, substantially shorten the hearing or result in a substantial saving of costs, the judge may hear and determine the special case.  R.R.O. 1990, Reg. 194, r. 22.01 (2).
Factums Required
 22.02 (1) On a motion under rule 22.01, each party shall serve on every other party to the motion a factum consisting of a concise argument stating the facts and law relied on by the party.  O. Reg. 14/04, s. 16. (2) The moving party’s factum shall be served and filed with proof of service in the court office where the motion is to be heard at least seven days before the hearing.  O. Reg. 394/09, s. 6. (3) The responding party’s factum shall be served and filed with proof of service in the court office where the motion is to be heard at least four days before the hearing.  O. Reg. 394/09, s. 6. (4) Revoked:  O. Reg. 394/09, s. 6.
Removal into Court of Appeal
 22.03 (1) A motion under rule 22.01 may be made to a judge of the Court of Appeal for leave to have a special case determined in the first instance by that court and the judge may grant leave where subrule 22.01 (2) is satisfied and where the special case raises an issue in respect of which, (a) there are conflicting decisions of judges in Ontario and there is no decision of an appellate court in Ontario; (b) there is a conflict between decisions of an appellate court in Ontario and an appellate court of another province, or between decisions of appellate courts of two or more other provinces; or (c) one of the parties seeks to establish that a decision of an appellate court in Ontario should not be followed.  R.R.O. 1990, Reg. 194, r. 22.03 (1). (2) A judge who grants leave under subrule (1) may give directions in respect of the time and form in which the case is to be listed for hearing and the exchange and filing of factums, and subject to any such directions, Rule 61 (appeals to an appellate court) applies with necessary modifications.  R.R.O. 1990, Reg. 194, r. 22.03 (2).
Form of Special Case
 22.04 A special case (Form 22A) shall, (a) set out concisely the material facts, as agreed on by the parties, that are necessary to enable the court to determine the question stated; (b) refer to and include a copy of any documents that are necessary to determine the question; (c) set out the relief sought, as agreed on by the parties, on the determination of the question of law; and (d) be signed by the lawyers for the parties.  R.R.O. 1990, Reg. 194, r. 22.04; O. Reg. 575/07, s. 2.
Hearing of Special Case
 22.05 (1) On the hearing of a special case the court may draw any reasonable inference from the facts agreed on by the parties and documents referred to in the special case.  R.R.O. 1990, Reg. 194, r. 22.05 (1). (2) On the determination of the question of law the court may make an order or grant judgment accordingly.  R.R.O. 1990, Reg. 194, r. 22.05 (2). RULE 23  DISCONTINUANCE AND WITHDRAWAL
RULE 23 DISCONTINUANCE AND WITHDRAWAL
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Discontinuance by Plaintiff
 23.01 (1) A plaintiff may discontinue all or part of an action against any defendant, (a) before the close of pleadings, by serving on all parties who have been served with the statement of claim a notice of discontinuance (Form 23A) and filing the notice with proof of service; (b) after the close of pleadings, with leave of the court; or (c) at any time, by filing the consent of all parties.  R.R.O. 1990, Reg. 194, r. 23.01 (1); O. Reg. 427/01, s. 10. (2) If a party to an action is under disability, the action may be discontinued by or against the party only with leave of a judge obtained on motion under rule 7.07.1.  O. Reg. 19/03, s. 6.
Effect of Discontinuance on Counterclaim
 23.02 Where an action is discontinued against a defendant who has counterclaimed, the defendant may deliver within thirty days after the discontinuance a notice of election to proceed with the counterclaim (Form 23B), and if the defendant fails to do so, the counterclaim shall be deemed to be discontinued without costs.  R.R.O. 1990, Reg. 194, r. 23.02.
Effect of Discontinuance on Crossclaim or Third Party Claim
 23.03 (1) Where an action is discontinued against a defendant who has crossclaimed or made a third party claim, the crossclaim or third party claim shall be deemed to be dismissed thirty days after the discontinuance unless the court orders otherwise during the thirty-day period.  R.R.O. 1990, Reg. 194, r. 23.03; O. Reg. 394/09, s. 7 (1). (1.1) Where an action against a defendant against whom a crossclaim has been made is discontinued, the crossclaim shall be deemed to be dismissed thirty days after the discontinuance, unless the court orders otherwise during the thirty-day period.  O. Reg. 394/09, s. 7 (2). Effect of deemed dismissal on subsequent action (2) A deemed dismissal under this rule is not a defence to a subsequent action unless the court orders otherwise during the thirty-day period.  O. Reg. 770/92, s. 6; O. Reg. 394/09, s. 7 (3).
Effect of Discontinuance on Subsequent Action
 23.04 (1) The discontinuance of all or part of an action is not a defence to a subsequent action, unless the order giving leave to discontinue or a consent filed by the parties provides otherwise.  R.R.O. 1990, Reg. 194, r. 23.04 (1). (2) Where a plaintiff has discontinued and is liable for costs of an action, and another action involving the same subject matter is subsequently brought between the same parties or their representatives or successors in interest before payment of the costs of the discontinued action, the court may order a stay of the subsequent action until the costs of the discontinued action have been paid.  R.R.O. 1990, Reg. 194, r. 23.04 (2).
Costs of Discontinuance, Deemed Dismissal
 23.05 (1) If all or part of an action is discontinued, any party to the action may, within thirty days after the action is discontinued, make a motion respecting the costs of the action.  O. Reg. 394/09, s. 8. (2) If a crossclaim or third party claim is deemed to be dismissed, any party to the crossclaim or third party claim may, within thirty days after the deemed dismissal, make a motion respecting the costs of the crossclaim or third party claim.  O. Reg. 394/09, s. 8.
Withdrawal by Defendant
 23.06 (1) A defendant may withdraw all or part of the statement of defence with respect to any plaintiff at any time by delivering to all parties a notice of withdrawal of defence (Form 23C), but, (a) where the defendant has crossclaimed or made a third party claim, leave to withdraw must be obtained from the court; and (b) where the defendant seeks to withdraw an admission in the statement of defence, rule 51.05 (withdrawal of admission) applies.  R.R.O. 1990, Reg. 194, r. 23.06 (1). (2) Where a defendant withdraws the whole of the statement of defence, the defendant shall be deemed to be noted in default.  R.R.O. 1990, Reg. 194, r. 23.06 (2).
Application to Counterclaims, Crossclaims and Third Party Claims
 23.07 Rules 23.01 to 23.06 apply, with necessary modifications, to counterclaims, crossclaims and third party claims.  R.R.O. 1990, Reg. 194, r. 23.07. RULE 24  DISMISSAL OF ACTION FOR DELAY
RULE 24 DISMISSAL OF ACTION FOR DELAY
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Where Available
 24.01 (1) A defendant who is not in default under these rules or an order of the court may move to have an action dismissed for delay where the plaintiff has failed, (a) to serve the statement of claim on all the defendants within the prescribed time; (b) to have noted in default any defendant who has failed to deliver a statement of defence, within thirty days after the default; (c) to set the action down for trial within six months after the close of pleadings; or (d) Revoked:  R.R.O. 1990. Reg. 194, r. 24.01 (2). (e) to move for leave to restore to a trial list an action that has been struck off the trial list, within thirty days after the action was struck off.  R.R.O. 1990, Reg. 194, r. 24.01; R.R.O. 1990, Reg. 194, r. 24.01 (2); O. Reg. 770/92, s. 7; O. Reg. 533/95, s. 4 (1). (2) The court shall, subject to subrule 24.02 (2), dismiss an action for delay if either of the circumstances described in paragraphs 1 and 2 of subrule 48.14 (1) applies to the action, unless the plaintiff demonstrates that dismissal of the action would be unjust. O. Reg. 259/14, s. 6.
Where plaintiff under disability
 24.02 (1) Where the plaintiff is under disability, notice of a motion to dismiss an action for delay shall be served on the plaintiff’s litigation guardian and, if the litigation guardian is not the Children’s Lawyer or the Public Guardian and Trustee, (a) on the Children’s Lawyer, if the plaintiff is a minor; or (b) on the Public Guardian and Trustee, in any other case. O. Reg. 259/14, s. 7. No Order Without Confirmation (2) Where the Children’s Lawyer or the Public Guardian and Trustee has been served under subrule (1) but is not the plaintiff’s litigation guardian, the action may be dismissed under this Rule only if the Children’s Lawyer or the Public Guardian and Trustee, as the case may be, confirms to the court that he or she was served and takes no position on the dismissal, unless a judge orders otherwise. O. Reg. 259/14, s. 7.
Notice of Order
 24.02.1 If the defendant is successful on the motion to dismiss an action for delay, the defendant shall serve a copy of the order dismissing the action on every defendant to the action who has crossclaimed against him or her.  O. Reg. 394/09, s. 9.
Effect of Dismissal on Counterclaim
 24.03 Where an action against a defendant who has counterclaimed is dismissed for delay, the defendant may within thirty days after the dismissal deliver a notice of election to proceed with the counterclaim (Form 23B), and if the defendant fails to do so, the counterclaim shall be deemed to be discontinued without costs.  R.R.O. 1990, Reg. 194, r. 24.03.
Effect of Dismissal on Crossclaim or Third Party Claim
 24.04 (1) Unless the court orders otherwise, where an action against a defendant who has crossclaimed or made a third party claim is dismissed for delay, the crossclaim or third party claim shall be deemed to be dismissed.  O. Reg. 394/09, s. 10 (1). (1.1) Where an action against a defendant against whom a crossclaim has been made is dismissed for delay, the crossclaim shall be deemed to be dismissed thirty days after a copy of the order dismissing the action is served on the crossclaiming defendant under rule 24.02.1, unless the court orders otherwise during the thirty-day period.  O. Reg. 394/09, s. 10 (1). Effect of deemed dismissal on subsequent action (2) A deemed dismissal under this rule is not a defence to a subsequent action unless the order dismissing the action provides otherwise.  O. Reg. 770/92, s. 8; O. Reg. 394/09, s. 10 (2).
Effect on Subsequent Action
 24.05 (1) The dismissal of an action for delay is not a defence to a subsequent action unless the order dismissing the action provides otherwise.  R.R.O. 1990, Reg. 194, r. 24.05 (1). (2) Where a plaintiff’s action has been dismissed for delay with costs, and another action involving the same subject matter is subsequently brought between the same parties or their representatives or successors in interest before payment of the costs of the dismissed action, the court may order a stay of the subsequent action until the costs of the dismissed action have been paid.  R.R.O. 1990, Reg. 194, r. 24.05 (2).
Costs of Dismissal, Deemed Dismissal
 24.05.1 (1) If an action is dismissed for delay, any party to the action may, within thirty days after the dismissal, make a motion respecting the costs of the action.  O. Reg. 394/09, s. 11. (2) If a crossclaim or third party claim is deemed to be dismissed, any party to the crossclaim or third party claim may, within thirty days after the deemed dismissal, make a motion respecting the costs of the crossclaim or third party claim.  O. Reg. 394/09, s. 11.
Application to Counterclaims, Crossclaims and Third Party Claims
 24.06 Rules 24.01 to 24.05.1 apply, with necessary modifications, to counterclaims, crossclaims and third party claims.  R.R.O. 1990, Reg. 194, r. 24.06; O. Reg. 394/09, s. 12. RULE 24.1  MANDATORY MEDIATION
RULE 24.1 MANDATORY MEDIATION
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Purpose
 24.1.01 This Rule provides for mandatory mediation in specified actions, in order to reduce cost and delay in litigation and facilitate the early and fair resolution of disputes.  O. Reg. 453/98, s. 1; O. Reg. 198/05, s. 2; O. Reg. 438/08, s. 15.
Nature of Mediation
 24.1.02 In mediation, a neutral third party facilitates communication among the parties to a dispute, to assist them in reaching a mutually acceptable resolution.  O. Reg. 453/98, s. 1.
Definitions
 24.1.03 In rules 24.1.04 to 24.1.16,  “defence” means, (a) Revoked:  O. Reg. 457/01, s. 5. (b) a notice of intent to defend, (c) a statement of defence, and (d) a notice of motion in response to an action, other than a motion challenging the court’s jurisdiction; (“défense”) “mediation co-ordinator” means the person designated under rule 24.1.06. (“coordonnateur de la médiation”)  O. Reg. 453/98, s. 1; O. Reg. 627/98, s. 2; O. Reg. 457/01, s. 5. Application Scope 24.1.04 (1) This Rule applies to the following actions: 1. Actions that were governed by this Rule immediately before January 1, 2010. 2. Actions that are commenced in one of the following counties on or after January 1, 2010: i. The City of Ottawa. ii. The City of Toronto. iii. The County of Essex. 3. Actions that are transferred to a county listed in paragraph 2 on or after January 1, 2014, unless the court orders otherwise. O. Reg. 438/08, s. 16 (1); O. Reg. 231/13, s. 7. Exceptions (2) Despite subrule (1), this Rule does not apply to, (a) actions to which Rule 75.1 (Mandatory Mediation ― Estates, Trusts and Substitute Decisions) applies; (b) actions in relation to a matter that was the subject of a mediation under section 258.6 of the Insurance Act, if the mediation was conducted less than a year before the delivery of the first defence in the action; (c) actions placed on the Commercial List established by practice direction in the Toronto Region; (d) actions under Rule 64 (Mortgage Actions); (e) actions under the Construction Act, except trust claims; and (f) actions under the Bankruptcy and Insolvency Act (Canada).  O. Reg. 438/08, s. 16 (1); O. Reg. 537/18, s. 4. Exceptions, Class Proceedings Act, 1992 (2.1) Despite subrule (1), this Rule, (a) applies to an action commenced under the Class Proceedings Act, 1992 only if certification as a class proceeding has been denied; and (b) does not apply to actions certified as class proceedings under the Class Proceedings Act, 1992.  O. Reg. 438/08, s. 16 (1). Crown Liability and Proceedings Act, 2019 (3) In an action to which the Crown Liability and Proceedings Act, 2019 applies, if the notice required by section 18 of that Act has not been served, the Crown in right of Ontario is entitled to participate in mediation under this Rule but is not required to do so. O. Reg. 316/20, s. 2. (4) Spent:  R.R.O. 1990, Reg. 194, s. 24.1.04 (4) (as amended by O. Reg. 438/08, s. 16).
Application
 24.1.04 (1) This Rule applies to the following actions: 1. Actions that were governed by this Rule immediately before January 1, 2010. 2. Actions that are commenced in one of the following counties on or after January 1, 2010: i. The City of Ottawa. ii. The City of Toronto. iii. The County of Essex. 3. Actions that are transferred to a county listed in paragraph 2 on or after January 1, 2014, unless the court orders otherwise. O. Reg. 438/08, s. 16 (1); O. Reg. 231/13, s. 7. Exceptions (2) Despite subrule (1), this Rule does not apply to, (a) actions to which Rule 75.1 (Mandatory Mediation ― Estates, Trusts and Substitute Decisions) applies; (b) actions in relation to a matter that was the subject of a mediation under section 258.6 of the Insurance Act, if the mediation was conducted less than a year before the delivery of the first defence in the action; (c) actions placed on the Commercial List established by practice direction in the Toronto Region; (d) actions under Rule 64 (Mortgage Actions); (e) actions under the Construction Act, except trust claims; and (f) actions under the Bankruptcy and Insolvency Act (Canada).  O. Reg. 438/08, s. 16 (1); O. Reg. 537/18, s. 4. Exceptions, Class Proceedings Act, 1992 (2.1) Despite subrule (1), this Rule, (a) applies to an action commenced under the Class Proceedings Act, 1992 only if certification as a class proceeding has been denied; and (b) does not apply to actions certified as class proceedings under the Class Proceedings Act, 1992.  O. Reg. 438/08, s. 16 (1). Crown Liability and Proceedings Act, 2019 (3) In an action to which the Crown Liability and Proceedings Act, 2019 applies, if the notice required by section 18 of that Act has not been served, the Crown in right of Ontario is entitled to participate in mediation under this Rule but is not required to do so. O. Reg. 316/20, s. 2. (4) Spent:  R.R.O. 1990, Reg. 194, s. 24.1.04 (4) (as amended by O. Reg. 438/08, s. 16).
Exemption from Mediation
 24.1.05 The court may make an order on a party’s motion exempting the action from this Rule.  O. Reg. 453/98, s. 1.
Procedure before Mediation Session
 24.1.10 (1) At least seven days before the mediation session, every party shall prepare a statement in Form 24.1C and provide a copy to every other party and to the mediator.  O. Reg. 453/98, s. 1. (2) The statement shall identify the factual and legal issues in dispute and briefly set out the position and interests of the party making the statement.  O. Reg. 453/98, s. 1. (3) The party making the statement shall attach to it any documents that the party considers of central importance in the action.  O. Reg. 453/98, s. 1. Copy of Pleadings (4) The plaintiff shall include a copy of the pleadings with the copy of the statement that is provided to the mediator.  O. Reg. 453/98, s. 1. Non-Compliance (5) If it is not practical to conduct a mediation session because a party fails to comply with subrule (1), the mediator shall cancel the session and immediately file with the mediation co-ordinator a certificate of non-compliance (Form 24.1D).  O. Reg. 453/98, s. 1. Attendance at Mediation Session Who is Required to Attend 24.1.11 (1) The parties, and their lawyers if the parties are represented, are required to attend the mediation session unless the court orders otherwise.  O. Reg. 453/98, s. 1. Representative of Insurer (1.1) Unless the court orders otherwise, if an insurer may be liable to satisfy all or part of a judgment in the action or to indemnify or reimburse an insured party for money paid in satisfaction of all or part of a judgment in the action, (a) a representative of the insurer shall attend the mediation session; and (b) despite subrule (1), the insured party is not required to attend the mediation session.  O. Reg. 438/08, s. 22. Authority to Settle (2) A party who requires another person’s approval before agreeing to a settlement shall, before the mediation session, arrange to have ready telephone access to the other person throughout the session, whether it takes place during or after regular business hours.  O. Reg. 453/98, s. 1. Failure to Attend Non-Compliance 24.1.12 If it is not practical to conduct a scheduled mediation session because a party fails to attend within the first 30 minutes of the time appointed for the commencement of the session, the mediator shall cancel the session and immediately file with the mediation co-ordinator a certificate of non-compliance (Form 24.1D).  O. Reg. 453/98, s. 1.