Availability of Simplified Procedure
 76.02 (1) The procedure set out in this Rule shall be used in an action if the following conditions are satisfied: 1. The plaintiff’s claim is exclusively for one or more of the following: i. Money. ii. Real property. iii. Personal property. 2. The total of the following amounts is $200,000 or less exclusive of interest and costs: i. The amount of money claimed, if any. ii. The fair market value of any real property and of any personal property, as at the date the action is commenced.  O. Reg. 284/01, s. 25; O. Reg. 438/08, s. 51 (1); O. Reg. 344/19, s. 3 (1). (2) If there are two or more plaintiffs, the procedure set out in this Rule shall be used if each plaintiff’s claim, considered separately, meets the requirements of subrule (1).  O. Reg. 284/01, s. 25. (2.1) If there are two or more defendants, the procedure set out in this Rule shall be used if the plaintiff’s claim against each defendant, considered separately, meets the requirements of subrule (1).  O. Reg. 132/04, s. 18 (1). When Optional (3) The procedure set out in this Rule may be used in any other action at the option of the plaintiff, subject to subrules (4) to (9).  O. Reg. 284/01, s. 25. Originating Process (4) The statement of claim (Form 14A, 14B or 14D) or notice of action (Form 14C) shall indicate that the action is being brought under this Rule.  O. Reg. 284/01, s. 25. Action Continues to Proceed Under Rule (5) An action commenced under this Rule continues to proceed under this Rule unless, (a) the defendant objects in the statement of defence to the action proceeding under this Rule because the plaintiff’s claim does not comply with subrule (1), and the plaintiff does not abandon in the reply the claims or parts of claims that do not comply; (b) a defendant by counterclaim, crossclaim or third party claim objects in the statement of defence to the counterclaim, crossclaim or third party claim proceeding under this Rule because the counterclaim, crossclaim or third party claim does not comply with subrule (1), and the defendant does not abandon in the reply to the counterclaim, crossclaim or third party claim the claims or parts of claims that do not comply; (c) the defendant makes a counterclaim, crossclaim or third party claim that does not comply with subrule (1) and states in the defendant’s pleading that the counterclaim, crossclaim or third party claim is to proceed under the ordinary procedure; (d) the action is assigned for case management under rule 77.05; or (e) any party to the action delivers a jury notice in accordance with subrule 76.02.1 (2).  O. Reg. 284/01, s. 25; O. Reg. 14/04, s. 39 (1); O. Reg. 344/19, s. 3 (2). Continuance Under Ordinary Procedure — Where Notice Required (6) If an action commenced under this Rule may no longer proceed under this Rule because of an amendment to the pleadings under Rule 26 or as a result of the operation of subrule (5), (a) the action is continued under the ordinary procedure; and (b) the plaintiff shall deliver, after all the pleadings have been delivered or at the time of amending the pleadings, as the case may be, a notice (Form 76A) stating that the action and any related proceedings are continued as an ordinary action.  O. Reg. 284/01, s. 25; O. Reg. 14/04, s. 39 (2); O. Reg. 438/08, s. 51 (2). Continuance Under Simplified Procedure — Where Notice Required (7) An action that was not commenced under this Rule, or that was commenced under this Rule but continued under the ordinary procedure, is continued under this Rule if, (a) the consent of all the parties is filed; (b) no consent is filed but, (i) the plaintiff’s pleading is amended under Rule 26 to comply with subrule (1), and (ii) all other claims, counterclaims, crossclaims and third party claims comply with this Rule; or (c) a jury notice delivered in accordance with subrule 76.02.1 (2) is struck out.  O. Reg. 263/03, s. 9; O. Reg. 14/04, s. 39 (3); O. Reg. 132/04, s. 18 (2); O. Reg. 344/19, s. 3 (3). (8) The plaintiff shall deliver a notice (Form 76A) stating that the action and any related proceedings are continued under this Rule.  O. Reg. 284/01, s. 25. Effect of Abandonment (9) A party who abandons a claim or part of a claim or amends a pleading so that the claim, counterclaim, crossclaim or third party claim complies with subrule (1) may not bring the claim or part in any other proceeding.  O. Reg. 284/01, s. 25.