jswizzle3737/ontario_laws_and_regs huggingface dataset:
Outcome of Mediation
 75.2.09 (1) The mediator shall give the designated parties a report on the mediation within 10 days after the mediation is concluded. O. Reg. 193/15, s. 22. (2) The applicant shall file the report with the court within 10 days after receiving it from the mediator. O. Reg. 193/15, s. 22. Agreement (3) If there is an agreement resolving some or all of the issues in dispute, it shall be signed by the designated parties or their lawyers. O. Reg. 193/15, s. 22. (4) If the agreement resolves all the issues in dispute, the applicant or another designated party agreed to by the designated parties shall file a notice to that effect with the court, (a) in the case of an unconditional agreement, within 10 days after the agreement is signed; (b) in the case of a conditional agreement, within 10 days after the condition is satisfied. O. Reg. 193/15, s. 22. (5) Despite subrule (4), if rule 7.08 (person under disability, approval of settlement) also applies to the agreement, the notice shall be filed within 10 days after the event mentioned in clause (4) (a) or (b), or within 10 days after the agreement is approved, whichever is later. O. Reg. 193/15, s. 22. Failure to Comply with Signed Agreement (6) If a party to a signed agreement fails to comply with its terms, any other party to the agreement may, (a) make a motion to a judge for judgment in the terms of the agreement, and the judge may grant judgment accordingly; or (b) continue the proceeding as if there had been no agreement. O. Reg. 193/15, s. 22. No Agreement (7) If no agreement is reached that resolves all the issues in dispute, the matter shall proceed in accordance with any directions given under subrule 74.18 (13.1) or rule 75.06. O. Reg. 193/15, s. 22. (8) Except in a contested passing of accounts under rule 74.18, if no directions have been given, a motion for directions under rule 75.06 shall be made as soon as possible by any of the designated parties. O. Reg. 193/15, s. 22.
Consent Order for Additional Mediation Session
 75.2.10 (1) With the consent of the designated parties, the court may, at any stage in the proceeding, make an order requiring them to participate in an additional mediation session. O. Reg. 193/15, s. 22. (2) The court may include any necessary directions in the order. O. Reg. 193/15, s. 22. (3) Rules 75.2.04 to 75.2.09 apply in respect of the additional session, with necessary modifications. O. Reg. 193/15, s. 22. RULE 76 SIMPLIFIED PROCEDURE
RULE 76 SIMPLIFIED PROCEDURE
nan
Jury Trial not Available
 76.02.1 (1) An action that is proceeding under this Rule shall not be tried with a jury and, subject to subrule (2), no party to the action may deliver a jury notice under rule 47.01. O. Reg. 344/19, s. 4. (2) A party to an action that is proceeding under this Rule may deliver a jury notice under rule 47.01 if the action involves a claim for relief arising from one of the following: 1. Slander. 2. Libel. 3. Malicious arrest. 4. Malicious prosecution. 5. False imprisonment. O. Reg. 344/19, s. 4. (3) If a jury notice is delivered in accordance with subrule (2), the action may no longer proceed under this Rule and the party delivering the jury notice shall deliver a notice (Form 76A) stating that the action and any related proceedings are continued as an ordinary action. O. Reg. 344/19, s. 4. Affidavit of Documents Copies of Documents 76.03 (1) A party to an action under this Rule shall, within 10 days after the close of pleadings and at the party’s own expense, serve on every other party, (a) an affidavit of documents (Form 30A or 30B) disclosing to the full extent of the party’s knowledge, information and belief all documents relevant to any matter in issue in the action that are or have been in the party’s possession, control or power; and (b) copies of the documents referred to in Schedule A of the affidavit of documents.  O. Reg. 284/01, s. 25; O. Reg. 206/02, s. 19; O. Reg. 438/08, s. 52. List of Potential Witnesses (2) The affidavit of documents shall include a list of the names and addresses of persons who might reasonably be expected to have knowledge of matters in issue in the action, unless the court orders otherwise.  O. Reg. 284/01, s. 25. Effect of Failure to Disclose (3) At the trial of the action, a party may not call as a witness a person whose name has not been disclosed in the party’s affidavit of documents or any supplementary affidavit of documents, unless the court orders otherwise.  O. Reg. 284/01, s. 25. Lawyer’s Certificate (4) The lawyer’s certificate under subrule 30.03 (4) (full disclosure in affidavit) shall include a statement that the lawyer has explained to the deponent the necessity of complying with subrules (1) and (2).  O. Reg. 284/01, s. 25.
Affidavit of Documents
 76.03 (1) A party to an action under this Rule shall, within 10 days after the close of pleadings and at the party’s own expense, serve on every other party, (a) an affidavit of documents (Form 30A or 30B) disclosing to the full extent of the party’s knowledge, information and belief all documents relevant to any matter in issue in the action that are or have been in the party’s possession, control or power; and (b) copies of the documents referred to in Schedule A of the affidavit of documents.  O. Reg. 284/01, s. 25; O. Reg. 206/02, s. 19; O. Reg. 438/08, s. 52. List of Potential Witnesses (2) The affidavit of documents shall include a list of the names and addresses of persons who might reasonably be expected to have knowledge of matters in issue in the action, unless the court orders otherwise.  O. Reg. 284/01, s. 25. Effect of Failure to Disclose (3) At the trial of the action, a party may not call as a witness a person whose name has not been disclosed in the party’s affidavit of documents or any supplementary affidavit of documents, unless the court orders otherwise.  O. Reg. 284/01, s. 25. Lawyer’s Certificate (4) The lawyer’s certificate under subrule 30.03 (4) (full disclosure in affidavit) shall include a statement that the lawyer has explained to the deponent the necessity of complying with subrules (1) and (2).  O. Reg. 284/01, s. 25.
No Written Discovery, Cross-Examination on an Affidavit or Examination of a Witness
 76.04 (1) The following are not permitted in an action under this Rule: 1. Examination for discovery by written questions and answers under Rule 35. 2. Cross-examination of a deponent on an affidavit under rule 39.02. 3. Examination of a witness on a motion under rule 39.03.  O. Reg. 438/08, s. 53. Limitation on Oral Discovery (2) Despite rule 31.05.1 (time limit on discovery), no party shall, in conducting oral examinations for discovery in relation to an action proceeding under this Rule, exceed a total of three hours of examination, regardless of the number of parties or other persons to be examined.  O. Reg. 438/08, s. 53; O. Reg. 344/19, s. 5. Motions Motion Form 76.05 (1) The moving party shall serve a motion form (Form 76B) in accordance with rule 37.07 and shall submit it to the court before the motion is brought and heard.  O. Reg. 284/01, s. 25; O. Reg. 438/08, s. 54. Place of In-Person Hearings (2) If the motion is to be heard in person, it shall be heard in the county where the proceeding was commenced or to which it has been transferred under rule 13.1.02, unless the parties agree otherwise or the court orders otherwise. O. Reg. 689/20, s. 48. Materials (3) Depending on the practical requirements of the situation, the motion may be made with or without supporting material or a motion record. O. Reg. 689/20, s. 48. Motions Dealt with by Registrar (4) When a motion described in subrule (5) meets one of the following conditions, the registrar shall make an order granting the relief sought: 1. The motion is for an order on consent, the consent of all parties is filed and the consent states that no party affected by the order is under disability. 2. No responding material is filed and the notice of motion or the motion form states that no party affected by the order is under disability.  O. Reg. 284/01, s. 25. (5) Subrule (4) applies to a motion for, (a) amendment of a pleading or notice of motion; (b) addition, deletion or substitution of a party whose consent is filed; (c) removal of a lawyer as lawyer of record; (d) setting aside the noting of a party in default; (e) setting aside a default judgment; (f) discharge of a certificate of pending litigation; (g) security for costs in a specified amount; or (h) dismissal of a proceeding with or without costs.  O. Reg. 284/01, s. 25; O. Reg. 575/07, s. 34. Disposition (6) The court or registrar shall record the disposition of the motion on the motion form.  O. Reg. 284/01, s. 25. (7) No formal order is required unless, (a) the court or registrar orders otherwise; (b) an appeal is made to a judge; or (c) an appeal or motion for leave to appeal is made to an appellate court.  O. Reg. 284/01, s. 25. 76.06, 76.07  Revoked:  O. Reg. 438/08, s. 55.
Motions
 76.05 (1) The moving party shall serve a motion form (Form 76B) in accordance with rule 37.07 and shall submit it to the court before the motion is brought and heard.  O. Reg. 284/01, s. 25; O. Reg. 438/08, s. 54. Place of In-Person Hearings (2) If the motion is to be heard in person, it shall be heard in the county where the proceeding was commenced or to which it has been transferred under rule 13.1.02, unless the parties agree otherwise or the court orders otherwise. O. Reg. 689/20, s. 48. Materials (3) Depending on the practical requirements of the situation, the motion may be made with or without supporting material or a motion record. O. Reg. 689/20, s. 48. Motions Dealt with by Registrar (4) When a motion described in subrule (5) meets one of the following conditions, the registrar shall make an order granting the relief sought: 1. The motion is for an order on consent, the consent of all parties is filed and the consent states that no party affected by the order is under disability. 2. No responding material is filed and the notice of motion or the motion form states that no party affected by the order is under disability.  O. Reg. 284/01, s. 25. (5) Subrule (4) applies to a motion for, (a) amendment of a pleading or notice of motion; (b) addition, deletion or substitution of a party whose consent is filed; (c) removal of a lawyer as lawyer of record; (d) setting aside the noting of a party in default; (e) setting aside a default judgment; (f) discharge of a certificate of pending litigation; (g) security for costs in a specified amount; or (h) dismissal of a proceeding with or without costs.  O. Reg. 284/01, s. 25; O. Reg. 575/07, s. 34. Disposition (6) The court or registrar shall record the disposition of the motion on the motion form.  O. Reg. 284/01, s. 25. (7) No formal order is required unless, (a) the court or registrar orders otherwise; (b) an appeal is made to a judge; or (c) an appeal or motion for leave to appeal is made to an appellate court.  O. Reg. 284/01, s. 25. 76.06, 76.07  Revoked:  O. Reg. 438/08, s. 55.
Settlement Discussion and Documentary Disclosure
 76.08 Within 60 days after the filing of the first statement of defence or notice of intent to defend, the parties shall, in a meeting or telephone call, consider whether, (a) all documents relevant to any matter in issue have been disclosed; and (b) settlement of any or all issues is possible.  O. Reg. 284/01, s. 25; O. Reg. 438/08, s. 56. How Defended Action is Set Down for Trial or Summary Trial Notice of Readiness for Pre-Trial Conference 76.09 (1) Despite rule 48.02 (how action set down for trial), the plaintiff shall, within 180 days after the first statement of defence or notice of intent to defend is filed, set the action down for trial by serving a notice of readiness for pre-trial conference (Form 76C) on every party to the action and any counterclaim, crossclaim or third party claim and forthwith filing the notice with proof of service.  O. Reg. 284/01, s. 25; O. Reg. 438/08, s. 57. (2) If the plaintiff does not act under subrule (1), any other party may do so.  O. Reg. 284/01, s. 25. Certificate (3) The party who sets the action down for trial shall certify in the notice of readiness for pre-trial conference that there was a settlement discussion.  O. Reg. 284/01, s. 25.
Transition — Jury Trials
 76.14 Clauses 76.01 (1) (d), 76.02 (5) (e) and 76.02 (7) (c) and rule 76.02.1 do not apply to an action in respect of which a jury notice has been delivered before January 1, 2020. O. Reg. 344/19, s. 12. RULE 77  CIVIL CASE MANAGEMENT Purpose and General Principles Purpose 77.01 (1) The purpose of this Rule is to establish a case management system that provides case management only of those proceedings for which a need for the court’s intervention is demonstrated and only to the degree that is appropriate, as determined in reliance on the criteria set out in this Rule.  O. Reg. 438/08, s. 64. General Principles (2) This Rule shall be construed in accordance with the following principles: 1. Despite the application of case management under this Rule to a proceeding, the greater share of the responsibility for managing the proceeding and moving it expeditiously to a trial, hearing or other resolution remains with the parties. 2. The nature and extent of the case management provided by a judge or associate judge under this Rule in respect of a proceeding shall be informed by any relevant practices, traditions, customs or judicial resource issues that apply locally in the region in which the proceeding is commenced or to which it is transferred.  O. Reg. 438/08, s. 64; O. Reg. 383/21, s. 15. Application Scope 77.02 (1) This Rule applies to actions and applications commenced in or transferred to one of the following counties on or after January 1, 2010 and assigned to case management by an order under these rules: 1. The City of Ottawa. 2. The City of Toronto. 3. The County of Essex.  O. Reg. 438/08, s. 64. Exceptions (2) Despite subrule (1), this Rule does not apply to, (a) actions or applications placed on the Commercial List established by practice direction in the Toronto Region; (b) actions or applications under Rule 74, 74.1 or 75 (Estates); (c) applications for the removal or replacement of personal representatives under the Trustee Act; (d) applications under Part V of the Succession Law Reform Act; (e) applications for guardianship of property or persons under the Substitute Decisions Act, 1992; (f) actions under Rule 64 (Mortgage Actions); (g) actions under Rule 76 (Simplified Procedure); (h) actions or applications under the Construction Act, except trust claims; and (i) actions or applications under the
Bankruptcy and Insolvency Act (Canada).  O. Reg. 438/08, s. 64; O. Reg. 537/18, s. 12; O. Reg. 111/21, s. 12. Exceptions, Class Proceedings Act, 1992 (3) Despite subrule (1), this Rule, (a) applies to an action or application commenced under the Class Proceedings Act, 1992 only if certification as a class proceeding has been denied; and (b) does not apply to actions or applications certified as class proceedings under the Class Proceedings Act, 1992.  O. Reg. 438/08, s. 64. Conflict with Other Rules (4) In the event of a conflict between a provision in this Rule and a provision in any other Rule, the provision in this Rule prevails.  O. Reg. 438/08, s. 64.
RULE 77 CIVIL CASE MANAGEMENT
nan
Purpose and General Principles
 77.01 (1) The purpose of this Rule is to establish a case management system that provides case management only of those proceedings for which a need for the court’s intervention is demonstrated and only to the degree that is appropriate, as determined in reliance on the criteria set out in this Rule.  O. Reg. 438/08, s. 64. General Principles (2) This Rule shall be construed in accordance with the following principles: 1. Despite the application of case management under this Rule to a proceeding, the greater share of the responsibility for managing the proceeding and moving it expeditiously to a trial, hearing or other resolution remains with the parties. 2. The nature and extent of the case management provided by a judge or associate judge under this Rule in respect of a proceeding shall be informed by any relevant practices, traditions, customs or judicial resource issues that apply locally in the region in which the proceeding is commenced or to which it is transferred.  O. Reg. 438/08, s. 64; O. Reg. 383/21, s. 15. Application Scope 77.02 (1) This Rule applies to actions and applications commenced in or transferred to one of the following counties on or after January 1, 2010 and assigned to case management by an order under these rules: 1. The City of Ottawa. 2. The City of Toronto. 3. The County of Essex.  O. Reg. 438/08, s. 64. Exceptions (2) Despite subrule (1), this Rule does not apply to, (a) actions or applications placed on the Commercial List established by practice direction in the Toronto Region; (b) actions or applications under Rule 74, 74.1 or 75 (Estates); (c) applications for the removal or replacement of personal representatives under the Trustee Act; (d) applications under Part V of the Succession Law Reform Act; (e) applications for guardianship of property or persons under the Substitute Decisions Act, 1992; (f) actions under Rule 64 (Mortgage Actions); (g) actions under Rule 76 (Simplified Procedure); (h) actions or applications under the Construction Act, except trust claims; and (i) actions or applications under the
Bankruptcy and Insolvency Act (Canada).  O. Reg. 438/08, s. 64; O. Reg. 537/18, s. 12; O. Reg. 111/21, s. 12. Exceptions, Class Proceedings Act, 1992 (3) Despite subrule (1), this Rule, (a) applies to an action or application commenced under the Class Proceedings Act, 1992 only if certification as a class proceeding has been denied; and (b) does not apply to actions or applications certified as class proceedings under the Class Proceedings Act, 1992.  O. Reg. 438/08, s. 64. Conflict with Other Rules (4) In the event of a conflict between a provision in this Rule and a provision in any other Rule, the provision in this Rule prevails.  O. Reg. 438/08, s. 64.
Application
 77.02 (1) This Rule applies to actions and applications commenced in or transferred to one of the following counties on or after January 1, 2010 and assigned to case management by an order under these rules: 1. The City of Ottawa. 2. The City of Toronto. 3. The County of Essex.  O. Reg. 438/08, s. 64. Exceptions (2) Despite subrule (1), this Rule does not apply to, (a) actions or applications placed on the Commercial List established by practice direction in the Toronto Region; (b) actions or applications under Rule 74, 74.1 or 75 (Estates); (c) applications for the removal or replacement of personal representatives under the Trustee Act; (d) applications under Part V of the Succession Law Reform Act; (e) applications for guardianship of property or persons under the Substitute Decisions Act, 1992; (f) actions under Rule 64 (Mortgage Actions); (g) actions under Rule 76 (Simplified Procedure); (h) actions or applications under the Construction Act, except trust claims; and (i) actions or applications under the
Bankruptcy and Insolvency Act (Canada).  O. Reg. 438/08, s. 64; O. Reg. 537/18, s. 12; O. Reg. 111/21, s. 12. Exceptions, Class Proceedings Act, 1992 (3) Despite subrule (1), this Rule, (a) applies to an action or application commenced under the Class Proceedings Act, 1992 only if certification as a class proceeding has been denied; and (b) does not apply to actions or applications certified as class proceedings under the Class Proceedings Act, 1992.  O. Reg. 438/08, s. 64. Conflict with Other Rules (4) In the event of a conflict between a provision in this Rule and a provision in any other Rule, the provision in this Rule prevails.  O. Reg. 438/08, s. 64.
Definitions
 77.03 In this Rule, “defence” includes a notice of intent to defend, a statement of defence, a notice of appearance and a notice of motion in response to a proceeding; (“défense”) “defendant” includes a respondent; (“défendeur”) “plaintiff” includes an applicant. (“demandeur”)  O. Reg. 438/08, s. 64.
Assignment to Individual Management by a Judge
 77.06 (1) The Chief Justice or Associate Chief Justice of the Superior Court of Justice, a regional senior judge, or a judge designated by any of them may direct that all steps in a proceeding that is assigned for case management under this Rule be heard and conducted by a particular judge.  O. Reg. 438/08, s. 64. Limitation (2) A judge who is directed under subrule (1) to hear all steps in a proceeding shall not preside at the trial of the action or the hearing of the application, except with the written consent of all parties.  O. Reg. 438/08, s. 64. Motions To Whom Made 77.07 (1) A motion may be made only to a judge or associate judge.  O. Reg. 438/08, s. 64; O. Reg. 383/21, s. 15. Same, Particular Judge (2) If a direction is made under subrule 77.06 (1) for all steps in a proceeding to be heard by a particular judge, then any motions in the proceeding shall be made to that judge.  O. Reg. 438/08, s. 64. Referral by Particular Judge (3) A judge who is directed under subrule 77.06 (1) to hear all steps in a proceeding may refer to an associate judge any motion within the jurisdiction of an associate judge under subrule 37.02 (2), unless the judge who made the direction directs otherwise.  O. Reg. 438/08, s. 64; O. Reg. 711/20, s. 5; O. Reg. 383/21, s. 15. Materials (4) Depending on the practical requirements of the situation, the motion may be made with or without supporting material or a motion record. O. Reg. 689/20, s. 49. Costs on Motion (5) The judge or associate judge shall address the issue of costs at the conclusion of each motion in accordance with rule 57.03, regardless of whether the motion is contested.  O. Reg. 438/08, s. 64; O. Reg. 383/21, s. 15. Formal Order Not Required (6) The judge or associate judge may provide that no formal order need be prepared, signed or entered if the order has been recorded in writing, unless an appeal of the disposition of the motion or a motion for leave to appeal is made to a judge or an appellate court.  O. Reg. 438/08, s. 64; O. Reg. 383/21, s. 15.
Motions
 77.07 (1) A motion may be made only to a judge or associate judge.  O. Reg. 438/08, s. 64; O. Reg. 383/21, s. 15. Same, Particular Judge (2) If a direction is made under subrule 77.06 (1) for all steps in a proceeding to be heard by a particular judge, then any motions in the proceeding shall be made to that judge.  O. Reg. 438/08, s. 64. Referral by Particular Judge (3) A judge who is directed under subrule 77.06 (1) to hear all steps in a proceeding may refer to an associate judge any motion within the jurisdiction of an associate judge under subrule 37.02 (2), unless the judge who made the direction directs otherwise.  O. Reg. 438/08, s. 64; O. Reg. 711/20, s. 5; O. Reg. 383/21, s. 15. Materials (4) Depending on the practical requirements of the situation, the motion may be made with or without supporting material or a motion record. O. Reg. 689/20, s. 49. Costs on Motion (5) The judge or associate judge shall address the issue of costs at the conclusion of each motion in accordance with rule 57.03, regardless of whether the motion is contested.  O. Reg. 438/08, s. 64; O. Reg. 383/21, s. 15. Formal Order Not Required (6) The judge or associate judge may provide that no formal order need be prepared, signed or entered if the order has been recorded in writing, unless an appeal of the disposition of the motion or a motion for leave to appeal is made to a judge or an appellate court.  O. Reg. 438/08, s. 64; O. Reg. 383/21, s. 15.