jswizzle3737/ontario_laws_and_regs huggingface dataset:
Attendance at Mediation Session
 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.
Failure to Attend
 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.
Non-Compliance
 24.1.13 (1) When a certificate of non-compliance is filed, the mediation co-ordinator shall refer the matter to a judge or associate judge.  O. Reg. 453/98, s. 1; O. Reg. 438/08, s. 23 (1); O. Reg. 383/21, s. 15. (2) The judge or associate judge may convene a case conference under rule 50.13, and may, (a) establish a timetable for the action; (b) strike out any document filed by a party; (c) dismiss the action, if the non-complying party is a plaintiff, or strike out the statement of defence, if that party is a defendant; (d) order a party to pay costs; (e) make any other order that is just.  O. Reg. 453/98, s. 1; O. Reg. 438/08, s. 23 (2); O. Reg. 170/14, s. 8; O. Reg. 383/21, s. 15. (3) Revoked:  O. Reg. 394/09, s. 13.
Confidentiality
 24.1.14 All communications at a mediation session and the mediator’s notes and records shall be deemed to be without prejudice settlement discussions.  O. Reg. 453/98, s. 1. Outcome of Mediation Mediator’s Report 24.1.15 (1) Within 10 days after the mediation is concluded, the mediator shall give the mediation co-ordinator and the parties a report on the mediation.  O. Reg. 453/98, s. 1. (2) The mediation co-ordinator for the county may remove from the list maintained under subrule 24.1.08 (1) the name of a mediator who does not comply with subrule (1).  O. Reg. 453/98, s. 1. Agreement (3) If there is an agreement resolving some or all of the issues in dispute, it shall be signed by the parties or their lawyers.  O. Reg. 453/98, s. 1. (4) If the agreement settles the action, the defendant shall file a notice to that effect, (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. 453/98, s. 1. Failure to Comply with Signed Agreement (5) Where 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 action as if there had been no agreement.  O. Reg. 453/98, s. 1; O. Reg. 288/99, s. 14.
Outcome of Mediation
 24.1.15 (1) Within 10 days after the mediation is concluded, the mediator shall give the mediation co-ordinator and the parties a report on the mediation.  O. Reg. 453/98, s. 1. (2) The mediation co-ordinator for the county may remove from the list maintained under subrule 24.1.08 (1) the name of a mediator who does not comply with subrule (1).  O. Reg. 453/98, s. 1. Agreement (3) If there is an agreement resolving some or all of the issues in dispute, it shall be signed by the parties or their lawyers.  O. Reg. 453/98, s. 1. (4) If the agreement settles the action, the defendant shall file a notice to that effect, (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. 453/98, s. 1. Failure to Comply with Signed Agreement (5) Where 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 action as if there had been no agreement.  O. Reg. 453/98, s. 1; O. Reg. 288/99, s. 14.
Consent Order for Additional Mediation Session
 24.1.16 (1) With the consent of the parties the court may, at any stage in the action, make an order requiring the parties to participate in an additional mediation session.  O. Reg. 453/98, s. 1. (2) The court may include any necessary directions in the order.  O. Reg. 453/98, s. 1. (3) Rules 24.1.09 to 24.1.15 apply in respect of the additional session, with necessary modifications.  O. Reg. 453/98, s. 1. 24.1.17 Revoked:  O. Reg. 244/01, s. 4. PLEADINGS RULE 25  PLEADINGS IN AN ACTION Pleadings Required or Permitted Action Commenced by Statement of Claim or Notice of Action 25.01 (1) In an action commenced by statement of claim or notice of action, pleadings shall consist of the statement of claim (Form 14A, 14B or 14D), statement of defence (Form 18A) and reply (Form 25A), if any.  R.R.O. 1990, Reg. 194, r. 25.01 (1). Counterclaim (2) In a counterclaim, pleadings shall consist of the counterclaim (Form 27A or 27B), defence to counterclaim (Form 27C) and reply to defence to counterclaim (Form 27D), if any.  R.R.O. 1990, Reg. 194, r. 25.01 (2). Crossclaim (3) In a crossclaim, pleadings shall consist of the crossclaim (Form 28A), defence to crossclaim (Form 28B) and reply to defence to crossclaim (Form 28C), if any.  R.R.O. 1990, Reg. 194, r. 25.01 (3). Third Party Claim (4) In a third party claim, pleadings shall consist of the third party claim (Form 29A), third party defence (Form 29B) and reply to third party defence (Form 29C), if any.  R.R.O. 1990, Reg. 194, r. 25.01 (4). Pleading Subsequent to Reply (5) No pleading subsequent to a reply shall be delivered without the consent of the opposite party or leave of the court.  R.R.O. 1990, Reg. 194, r. 25.01 (5); O. Reg. 427/01, s. 11.
PLEADINGS
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RULE 25 PLEADINGS IN AN ACTION
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Pleadings Required or Permitted
 25.01 (1) In an action commenced by statement of claim or notice of action, pleadings shall consist of the statement of claim (Form 14A, 14B or 14D), statement of defence (Form 18A) and reply (Form 25A), if any.  R.R.O. 1990, Reg. 194, r. 25.01 (1). Counterclaim (2) In a counterclaim, pleadings shall consist of the counterclaim (Form 27A or 27B), defence to counterclaim (Form 27C) and reply to defence to counterclaim (Form 27D), if any.  R.R.O. 1990, Reg. 194, r. 25.01 (2). Crossclaim (3) In a crossclaim, pleadings shall consist of the crossclaim (Form 28A), defence to crossclaim (Form 28B) and reply to defence to crossclaim (Form 28C), if any.  R.R.O. 1990, Reg. 194, r. 25.01 (3). Third Party Claim (4) In a third party claim, pleadings shall consist of the third party claim (Form 29A), third party defence (Form 29B) and reply to third party defence (Form 29C), if any.  R.R.O. 1990, Reg. 194, r. 25.01 (4). Pleading Subsequent to Reply (5) No pleading subsequent to a reply shall be delivered without the consent of the opposite party or leave of the court.  R.R.O. 1990, Reg. 194, r. 25.01 (5); O. Reg. 427/01, s. 11.
Form of Pleadings
 25.02 Pleadings shall be divided into paragraphs numbered consecutively, and each allegation shall, so far as is practical, be contained in a separate paragraph.  R.R.O. 1990, Reg. 194, r. 25.02. Service of Pleadings Who is to be Served 25.03 (1) Every pleading shall be served, (a) initially on every opposite party and on every other party who has delivered a pleading or a notice of intention to defend in the main action or in a counterclaim, crossclaim or third or subsequent party claim in the main action; and (b) subsequently on every other party forthwith after the party delivers a pleading or a notice of intention to defend in the main action or in a counterclaim, crossclaim or third or subsequent party claim in the main action.  R.R.O. 1990, Reg. 194, r. 25.03 (1). Service on Added Parties (2) Where a person is added as a party to an action, the party doing so shall serve on the added party all the pleadings previously delivered in the main action and in any counterclaim, crossclaim or third or subsequent party claim in the main action, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 25.03 (2). Where Personal Service Not Required (3) Where a pleading is an originating process, personal service on parties other than an opposite party is not required.  R.R.O. 1990, Reg. 194, r. 25.03 (3). (4) Revoked:  O. Reg. 260/05, s. 4. Time for Delivery of Pleadings Statement of Claim 25.04 (1) The time for service of a statement of claim is prescribed by rule 14.08.  R.R.O. 1990, Reg. 194, r. 25.04 (1). Statement of Defence (2) The time for delivery of a statement of defence is prescribed by rule 18.01.  R.R.O. 1990, Reg. 194, r. 25.04 (2). Reply (3) A reply, if any, shall be delivered within ten days after service of the statement of defence except where the defendant counterclaims, in which case a reply and defence to counterclaim, if any, shall be delivered within twenty days after service of the statement of defence and counterclaim.  R.R.O. 1990, Reg. 194, r. 25.04 (3). In a Counterclaim (4) The time for delivery of pleadings in a counterclaim is prescribed by Rule 27.  R.R.O. 1990, Reg. 194, r. 25.04 (4). In a Crossclaim (5) The time for delivery of pleadings in a crossclaim is prescribed by Rule 28.  R.R.O. 1990, Reg. 194, r. 25.04 (5). In a Third Party Claim (6) The time for delivery of pleadings in a third party claim is prescribed by Rule 29.  R.R.O. 1990, Reg. 194, r. 25.04 (6).
Service of Pleadings
 25.03 (1) Every pleading shall be served, (a) initially on every opposite party and on every other party who has delivered a pleading or a notice of intention to defend in the main action or in a counterclaim, crossclaim or third or subsequent party claim in the main action; and (b) subsequently on every other party forthwith after the party delivers a pleading or a notice of intention to defend in the main action or in a counterclaim, crossclaim or third or subsequent party claim in the main action.  R.R.O. 1990, Reg. 194, r. 25.03 (1). Service on Added Parties (2) Where a person is added as a party to an action, the party doing so shall serve on the added party all the pleadings previously delivered in the main action and in any counterclaim, crossclaim or third or subsequent party claim in the main action, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 25.03 (2). Where Personal Service Not Required (3) Where a pleading is an originating process, personal service on parties other than an opposite party is not required.  R.R.O. 1990, Reg. 194, r. 25.03 (3). (4) Revoked:  O. Reg. 260/05, s. 4. Time for Delivery of Pleadings Statement of Claim 25.04 (1) The time for service of a statement of claim is prescribed by rule 14.08.  R.R.O. 1990, Reg. 194, r. 25.04 (1). Statement of Defence (2) The time for delivery of a statement of defence is prescribed by rule 18.01.  R.R.O. 1990, Reg. 194, r. 25.04 (2). Reply (3) A reply, if any, shall be delivered within ten days after service of the statement of defence except where the defendant counterclaims, in which case a reply and defence to counterclaim, if any, shall be delivered within twenty days after service of the statement of defence and counterclaim.  R.R.O. 1990, Reg. 194, r. 25.04 (3). In a Counterclaim (4) The time for delivery of pleadings in a counterclaim is prescribed by Rule 27.  R.R.O. 1990, Reg. 194, r. 25.04 (4). In a Crossclaim (5) The time for delivery of pleadings in a crossclaim is prescribed by Rule 28.  R.R.O. 1990, Reg. 194, r. 25.04 (5). In a Third Party Claim (6) The time for delivery of pleadings in a third party claim is prescribed by Rule 29.  R.R.O. 1990, Reg. 194, r. 25.04 (6).
Time for Delivery of Pleadings
 25.04 (1) The time for service of a statement of claim is prescribed by rule 14.08.  R.R.O. 1990, Reg. 194, r. 25.04 (1). Statement of Defence (2) The time for delivery of a statement of defence is prescribed by rule 18.01.  R.R.O. 1990, Reg. 194, r. 25.04 (2). Reply (3) A reply, if any, shall be delivered within ten days after service of the statement of defence except where the defendant counterclaims, in which case a reply and defence to counterclaim, if any, shall be delivered within twenty days after service of the statement of defence and counterclaim.  R.R.O. 1990, Reg. 194, r. 25.04 (3). In a Counterclaim (4) The time for delivery of pleadings in a counterclaim is prescribed by Rule 27.  R.R.O. 1990, Reg. 194, r. 25.04 (4). In a Crossclaim (5) The time for delivery of pleadings in a crossclaim is prescribed by Rule 28.  R.R.O. 1990, Reg. 194, r. 25.04 (5). In a Third Party Claim (6) The time for delivery of pleadings in a third party claim is prescribed by Rule 29.  R.R.O. 1990, Reg. 194, r. 25.04 (6).
Where a Reply Is Necessary
 25.08 (1) A party who intends to prove a version of the facts different from that pleaded in the opposite party’s defence shall deliver a reply setting out the different version, unless it has already been pleaded in the claim.  R.R.O. 1990, Reg. 194, r. 25.08 (1). Affirmative Reply (2) A party who intends to reply in response to a defence on any matter that might, if not specifically pleaded, take the opposite party by surprise or raise an issue that has not been raised by a previous pleading shall deliver a reply setting out that matter, subject to subrule 25.06 (5) (inconsistent claims or new claims).  R.R.O. 1990, Reg. 194, r. 25.08 (2). Reply Only Where Required (3) A party shall not deliver a reply except where required to do so by subrule (1) or (2).  R.R.O. 1990, Reg. 194, r. 25.08 (3). Deemed Denial of Allegations Where No Reply (4) A party who does not deliver a reply within the prescribed time shall be deemed to deny the allegations of fact made in the defence of the opposite party.  R.R.O. 1990, Reg. 194, r. 25.08 (4). Rules of Pleading — Applicable to Replies Admissions 25.09 (1) A party who delivers a reply shall admit every allegation of fact in the opposite party’s defence that the party does not dispute.  R.R.O. 1990, Reg. 194, r. 25.09 (1). Effect of Denial of Agreement (2) Where an agreement is alleged in a defence, a denial of the agreement in the opposite party’s reply, or a deemed denial under subrule 25.08 (4), shall be construed only as a denial of the making of the agreement or of the facts from which the agreement may be implied by law, and not as a denial of the legality or sufficiency in law of the agreement.  R.R.O. 1990, Reg. 194, r. 25.09 (2).
Rules of Pleading — Applicable to Replies
 25.09 (1) A party who delivers a reply shall admit every allegation of fact in the opposite party’s defence that the party does not dispute.  R.R.O. 1990, Reg. 194, r. 25.09 (1). Effect of Denial of Agreement (2) Where an agreement is alleged in a defence, a denial of the agreement in the opposite party’s reply, or a deemed denial under subrule 25.08 (4), shall be construed only as a denial of the making of the agreement or of the facts from which the agreement may be implied by law, and not as a denial of the legality or sufficiency in law of the agreement.  R.R.O. 1990, Reg. 194, r. 25.09 (2).
Particulars
 25.10 Where a party demands particulars of an allegation in the pleading of an opposite party, and the opposite party fails to supply them within seven days, the court may order particulars to be delivered within a specified time.  R.R.O. 1990, Reg. 194, r. 25.10.
Striking out a Pleading or Other Document
 25.11 The court may strike out or expunge all or part of a pleading or other document, with or without leave to amend, on the ground that the pleading or other document, (a) may prejudice or delay the fair trial of the action; (b) is scandalous, frivolous or vexatious; or (c) is an abuse of the process of the court.  R.R.O. 1990, Reg. 194, r. 25.11. RULE 26  AMENDMENT OF PLEADINGS
RULE 26 AMENDMENT OF PLEADINGS
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General Power of Court
 26.01 On motion at any stage of an action the court shall grant leave to amend a pleading on such terms as are just, unless prejudice would result that could not be compensated for by costs or an adjournment.  R.R.O. 1990, Reg. 194, r. 26.01.
When Amendments may be Made
 26.02 A party may amend the party’s pleading, (a) without leave, before the close of pleadings, if the amendment does not include or necessitate the addition, deletion or substitution of a party to the action; (b) on filing the consent of all parties and, where a person is to be added or substituted as a party, the person’s consent; or (c) with leave of the court.  R.R.O. 1990, Reg. 194, r. 26.02.
How Amendments Made
 26.03 (1) An amendment to a pleading shall be made on the face of the copy filed in the court office, except that where the amendment is so extensive as to make the amended pleading difficult or inconvenient to read the party shall file a fresh copy of the original pleading as amended, bearing the date of the original pleading and the title of the pleading preceded by the word “amended”.  R.R.O. 1990, Reg. 194, r. 26.03 (1). (2) An amendment to a pleading shall be underlined so as to distinguish the amended wording from the original, and the registrar shall note on the amended pleading the date on which, and the authority by which, the amendment was made.  R.R.O. 1990, Reg. 194, r. 26.03 (2). (3) Where a pleading has been amended more than once each subsequent amendment shall be underlined with an additional line for each occasion.  R.R.O. 1990, Reg. 194, r. 26.03 (3). Service of Amended Pleading Service on Every Party to Action and Related Actions 26.04 (1) An amended pleading shall be served forthwith on every person who is, at the time of service, a party to the main action or to a counterclaim, crossclaim or third party claim in the main action, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 26.04 (1). (2) Proof of service of an amended pleading other than an originating process shall be filed forthwith after it is served.  R.R.O. 1990, Reg. 194, r. 26.04 (2). Amended Originating Process (3) Where an amended pleading is an originating process, (a) it need not be served personally on a party who was served with the original pleading and responded to it; and (b) it shall be served personally or by an alternative to personal service under rule 16.03 on an opposite party who has not responded to the original pleading, whether or not the party has been noted in default.  R.R.O. 1990, Reg. 194, r. 26.04 (3).
Service of Amended Pleading
 26.04 (1) An amended pleading shall be served forthwith on every person who is, at the time of service, a party to the main action or to a counterclaim, crossclaim or third party claim in the main action, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 26.04 (1). (2) Proof of service of an amended pleading other than an originating process shall be filed forthwith after it is served.  R.R.O. 1990, Reg. 194, r. 26.04 (2). Amended Originating Process (3) Where an amended pleading is an originating process, (a) it need not be served personally on a party who was served with the original pleading and responded to it; and (b) it shall be served personally or by an alternative to personal service under rule 16.03 on an opposite party who has not responded to the original pleading, whether or not the party has been noted in default.  R.R.O. 1990, Reg. 194, r. 26.04 (3).
Responding to an Amended Pleading
 26.05 (1) A party shall respond to an amended pleading within the time remaining for responding to the original pleading, or within ten days after service of the amended pleading, whichever is the longer period, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 26.05 (1). (2) A party who has responded to a pleading that is subsequently amended and does not respond to the amended pleading within the prescribed time shall be deemed to rely on the party’s original pleading in answer to the amended pleading.  R.R.O. 1990, Reg. 194, r. 26.05 (2).
Amendment at Trial
 26.06 Where a pleading is amended at the trial, and the amendment is made on the face of the record, an order need not be taken out and the pleading as amended need not be filed or served unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 26.06. RULE 27  COUNTERCLAIM Where Available Against the Plaintiff 27.01 (1) A defendant may assert, by way of counterclaim in the main action, any right or claim against the plaintiff including a claim for contribution or indemnity under the Negligence Act in respect of another party’s claim against the defendant.  R.R.O. 1990, Reg. 194, r. 27.01 (1); O. Reg. 396/91, s. 4. Against the Plaintiff and Another Person (2) A defendant who counterclaims against a plaintiff may join as a defendant to the counterclaim any other person, whether a party to the main action or not, who is a necessary or proper party to the counterclaim.  R.R.O. 1990, Reg. 194, r. 27.01 (2).
RULE 27 COUNTERCLAIM
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Where Available
 27.01 (1) A defendant may assert, by way of counterclaim in the main action, any right or claim against the plaintiff including a claim for contribution or indemnity under the Negligence Act in respect of another party’s claim against the defendant.  R.R.O. 1990, Reg. 194, r. 27.01 (1); O. Reg. 396/91, s. 4. Against the Plaintiff and Another Person (2) A defendant who counterclaims against a plaintiff may join as a defendant to the counterclaim any other person, whether a party to the main action or not, who is a necessary or proper party to the counterclaim.  R.R.O. 1990, Reg. 194, r. 27.01 (2).
Statement of Defence and Counterclaim
 27.02 A counterclaim (Form 27A or 27B) shall be included in the same document as the statement of defence and the document shall be entitled a statement of defence and counterclaim.  R.R.O. 1990, Reg. 194, r. 27.02.
Counterclaim to be Issued Where Defendant to Counterclaim not already Party to Main Action
 27.03 Where a person who is not already a party to the main action is made a defendant to the counterclaim, the statement of defence and counterclaim, (a) shall be issued, (i) within the time prescribed by rule 18.01 for delivery of the statement of defence in the main action or at any time before the defendant is noted in default, or (ii) subsequently with leave of the court; and (b) shall contain a second title of proceeding showing who is the plaintiff by counterclaim and who are defendants to the counterclaim.  R.R.O. 1990, Reg. 194, r. 27.03. Time for Delivery or Service of Defence and Counterclaim Where all Parties are Parties to Main Action 27.04 (1) Where a counterclaim is only against the plaintiff, or only against the plaintiff and another person who is already a party to the main action, the statement of defence and counterclaim shall be delivered within the time prescribed by rule 18.01 for the delivery of the statement of defence in the main action, or at any time before the defendant is noted in default.  R.R.O. 1990, Reg. 194, r. 27.04 (1). Where New Party is Brought in (2) Where a counterclaim is against the plaintiff and a defendant to the counterclaim who is not already a party to the main action, the statement of defence and counterclaim shall be served, after it has been issued, on the parties to the main action and, together with all the pleadings previously delivered in the main action, on a defendant to the counterclaim who is not already a party to the main action, and shall be filed with proof of service, (a) within thirty days after the statement of defence and counterclaim is issued or at any time before the defendant is noted in default; or (b) subsequently with leave of the court.  R.R.O. 1990, Reg. 194, r. 27.04 (2). (3) A statement of defence and counterclaim need not be served personally on any person who is a party to the main action, except where a defendant to the counterclaim is also a defendant in the main action and has failed to deliver a notice of intent to defend or a statement of defence in the main action, in which case the defendant shall be served personally or by an alternative to personal service under rule 16.03 whether or not the defendant has been noted in default in the main action.  R.R.O. 1990, Reg. 194, r. 27.04 (3).
Time for Delivery or Service of Defence and Counterclaim
 27.04 (1) Where a counterclaim is only against the plaintiff, or only against the plaintiff and another person who is already a party to the main action, the statement of defence and counterclaim shall be delivered within the time prescribed by rule 18.01 for the delivery of the statement of defence in the main action, or at any time before the defendant is noted in default.  R.R.O. 1990, Reg. 194, r. 27.04 (1). Where New Party is Brought in (2) Where a counterclaim is against the plaintiff and a defendant to the counterclaim who is not already a party to the main action, the statement of defence and counterclaim shall be served, after it has been issued, on the parties to the main action and, together with all the pleadings previously delivered in the main action, on a defendant to the counterclaim who is not already a party to the main action, and shall be filed with proof of service, (a) within thirty days after the statement of defence and counterclaim is issued or at any time before the defendant is noted in default; or (b) subsequently with leave of the court.  R.R.O. 1990, Reg. 194, r. 27.04 (2). (3) A statement of defence and counterclaim need not be served personally on any person who is a party to the main action, except where a defendant to the counterclaim is also a defendant in the main action and has failed to deliver a notice of intent to defend or a statement of defence in the main action, in which case the defendant shall be served personally or by an alternative to personal service under rule 16.03 whether or not the defendant has been noted in default in the main action.  R.R.O. 1990, Reg. 194, r. 27.04 (3).
Time for Delivery of Defence to Counterclaim
 27.05 (1) The plaintiff and any other defendant to a counterclaim who is already a party to the main action shall deliver a defence to counterclaim (Form 27C) within twenty days after service of the statement of defence and counterclaim.  R.R.O. 1990, Reg. 194, r. 27.05 (1). (2) Where the plaintiff delivers a reply in the main action, the defence to counterclaim shall be included in the same document as the reply and the document shall be entitled a reply and defence to counterclaim.  R.R.O. 1990, Reg. 194, r. 27.05 (2). (3) Except as provided in subrule 18.02 (3) (notice of intent to defend) or 19.01 (5) (late delivery of defence), a defendant to a counterclaim who is not already a party to the main action shall deliver a defence to counterclaim, (a) within twenty days after service of the statement of defence and counterclaim, where the defendant to the counterclaim is served in Ontario; (b) within forty days after service of the statement of defence and counterclaim, where the defendant to the counterclaim is served elsewhere in Canada or in the United States of America; or (c) within sixty days after service of the statement of defence and counterclaim, where the defendant to the counterclaim is served anywhere else.  R.R.O. 1990, Reg. 194, r. 27.05 (3).
Time for Delivery of Reply to Defence to Counterclaim
 27.06 A reply to defence to counterclaim (Form 27D), if any, shall be delivered within ten days after service of the defence to counterclaim.  R.R.O. 1990, Reg. 194, r. 27.06.
Amending Defence to Add Counterclaim
 27.07 (1) A defendant who has delivered a statement of defence that does not contain a counterclaim and who wishes to counterclaim only against the plaintiff or only against the plaintiff and another person who is already a party to the main action may amend the statement of defence in accordance with rules 26.02 and 26.03 in order to add the counterclaim, and rule 26.05 (responding to amended pleading) applies to the amended statement of defence and counterclaim.  R.R.O. 1990, Reg. 194, r. 27.07 (1). (2) A defendant who has delivered a statement of defence that does not contain a counterclaim and who wishes to counterclaim against the plaintiff and another person who is not already a party to the main action may, with leave of the court, have the registrar issue an amended statement of defence and counterclaim, and rule 26.05 (responding to amended pleading) applies to the amended statement of defence and counterclaim.  R.R.O. 1990, Reg. 194, r. 27.07 (2).
Trial of Counterclaim
 27.08 (1) A counterclaim shall be tried at the trial of the main action, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 27.08 (1). (2) Where it appears that a counterclaim may unduly complicate or delay the trial of the main action, or cause undue prejudice to a party, the court may order separate trials or order that the counterclaim proceed as a separate action.  R.R.O. 1990, Reg. 194, r. 27.08 (2). Disposition of Counterclaim Where Claim in Main Action not Disputed 27.09 (1) Where a defendant does not dispute the claim of the plaintiff in the main action, but asserts a counterclaim, the court may stay the main action or grant judgment, with or without a stay of execution, until the counterclaim is disposed of.  R.R.O. 1990, Reg. 194, r. 27.09 (1). Where Counterclaim not Disputed (2) Where the plaintiff does not dispute the counterclaim of a defendant, the court may stay the counterclaim or grant judgment, with or without a stay of execution, until the main action is disposed of.  R.R.O. 1990, Reg. 194, r. 27.09 (2). Where Both Claim and Counterclaim Succeed (3) Where both the plaintiff in the main action and the plaintiff by counterclaim succeed, either in whole or in part, and there is a resulting balance in favour of one of them, the court may in a proper case give judgment for the balance and dismiss the smaller claim and may make such order for costs of the claim and counterclaim as is just.  R.R.O. 1990, Reg. 194, r. 27.09 (3).
Disposition of Counterclaim
 27.09 (1) Where a defendant does not dispute the claim of the plaintiff in the main action, but asserts a counterclaim, the court may stay the main action or grant judgment, with or without a stay of execution, until the counterclaim is disposed of.  R.R.O. 1990, Reg. 194, r. 27.09 (1). Where Counterclaim not Disputed (2) Where the plaintiff does not dispute the counterclaim of a defendant, the court may stay the counterclaim or grant judgment, with or without a stay of execution, until the main action is disposed of.  R.R.O. 1990, Reg. 194, r. 27.09 (2). Where Both Claim and Counterclaim Succeed (3) Where both the plaintiff in the main action and the plaintiff by counterclaim succeed, either in whole or in part, and there is a resulting balance in favour of one of them, the court may in a proper case give judgment for the balance and dismiss the smaller claim and may make such order for costs of the claim and counterclaim as is just.  R.R.O. 1990, Reg. 194, r. 27.09 (3).
Application to Counterclaims, Crossclaims and Third Party Claims
 27.10 Rules 27.01 to 27.09 apply, with necessary modifications, to the assertion of a counterclaim by a defendant to a counterclaim, by a defendant to a crossclaim and by a third party.  R.R.O. 1990, Reg. 194, r. 27.10. RULE 28  CROSSCLAIM
RULE 28 CROSSCLAIM
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Where Available
 28.01 (1) A defendant may crossclaim against a co-defendant who, (a) is or may be liable to the defendant for all or part of the plaintiff’s claim; (b) is or may be liable to the defendant for an independent claim for damages or other relief arising out of, (i) a transaction or occurrence or series of transactions or occurrences involved in the main action, or (ii) a related transaction or occurrence or series of transactions or occurrences; or (c) should be bound by the determination of an issue arising between the plaintiff and the defendant.  R.R.O. 1990, Reg. 194, r. 28.01 (1). (2) A defendant who claims contribution from a co-defendant under the Negligence Act shall do so by way of crossclaim.  R.R.O. 1990, Reg. 194, r. 28.01 (2).
Statement of Defence and Crossclaim
 28.02 A crossclaim (Form 28A) shall be included in the same document as the statement of defence and the document shall be entitled a statement of defence and crossclaim.  R.R.O. 1990, Reg. 194, r. 28.02.
Amending Defence to Add Crossclaim
 28.03 A defendant who has delivered a statement of defence that does not contain a crossclaim and who wishes to crossclaim may amend the statement of defence in accordance with rules 26.02 and 26.03 in order to add the crossclaim, and rule 26.05 (responding to amended pleading) applies to the amended statement of defence and crossclaim.  R.R.O. 1990, Reg. 194, r. 28.03.
Time for Delivery of Defence to Crossclaim
 28.05 (1) Subject to subrule (2), a defence to crossclaim (Form 28B) shall be delivered within twenty days after service of the statement of defence and crossclaim.  R.R.O. 1990, Reg. 194, r. 28.05 (1). Where Defence to Crossclaim not Required (2) Where, (a) a crossclaim contains no claim other than a claim for contribution or indemnity under the Negligence Act; (b) the defendant to the crossclaim has delivered a statement of defence in the main action; and (c) the defendant to the crossclaim in response to the crossclaim relies on the facts pleaded in the defendant’s statement of defence in the main action and not on a different version of the facts or on any matter that might, if not specifically pleaded, take the crossclaiming defendant by surprise, the defendant to the crossclaim need not deliver a defence to the crossclaim and shall be deemed to deny the allegations of fact made in the crossclaim and to rely on the facts pleaded in the statement of defence in the main action.  R.R.O. 1990, Reg. 194, r. 28.05 (2). Contents of Defence to Crossclaim May Defend Against Crossclaim and Against Plaintiff’s Claim Against Co-defendant 28.06 (1) In a defence to crossclaim, the defendant may, (a) defend against the crossclaim; and (b) where appropriate, defend against the plaintiff’s claim against the crossclaiming defendant, in which case the defendant may raise any defence open to the crossclaiming defendant.  R.R.O. 1990, Reg. 194, r. 28.06 (1). Separate Part for Defence Against Plaintiff (2) Where the defendant defends against the plaintiff’s claim against the crossclaiming defendant, the defence to crossclaim shall contain a separate part entitled a defence to plaintiff’s claim against crossclaiming defendant.  R.R.O. 1990, Reg. 194, r. 28.06 (2). Consequence of Defending Against Plaintiff (3) A defendant who defends against the plaintiff’s claim against the crossclaiming defendant, (a) has the same rights and obligations in the action, including those in respect of discovery, trial and appeal, as a defendant to that claim; and (b) is bound by any order or determination made in the main action between the plaintiff and the crossclaiming defendant.  R.R.O. 1990, Reg. 194, r. 28.06 (3). Time for Reply by Plaintiff (4) The plaintiff’s reply, if any, to the defence to plaintiff’s claim against crossclaiming defendant shall be delivered within ten days after service of that defence.  R.R.O. 1990, Reg. 194, r. 28.06 (4). Consequence of Not Defending Against Plaintiff (5) A defendant who does not defend against the plaintiff’s claim against the crossclaiming defendant is bound by any order or determination made in the main action between the plaintiff and the crossclaiming defendant.  R.R.O. 1990, Reg. 194, r. 28.06 (5).
Contents of Defence to Crossclaim
 28.06 (1) In a defence to crossclaim, the defendant may, (a) defend against the crossclaim; and (b) where appropriate, defend against the plaintiff’s claim against the crossclaiming defendant, in which case the defendant may raise any defence open to the crossclaiming defendant.  R.R.O. 1990, Reg. 194, r. 28.06 (1). Separate Part for Defence Against Plaintiff (2) Where the defendant defends against the plaintiff’s claim against the crossclaiming defendant, the defence to crossclaim shall contain a separate part entitled a defence to plaintiff’s claim against crossclaiming defendant.  R.R.O. 1990, Reg. 194, r. 28.06 (2). Consequence of Defending Against Plaintiff (3) A defendant who defends against the plaintiff’s claim against the crossclaiming defendant, (a) has the same rights and obligations in the action, including those in respect of discovery, trial and appeal, as a defendant to that claim; and (b) is bound by any order or determination made in the main action between the plaintiff and the crossclaiming defendant.  R.R.O. 1990, Reg. 194, r. 28.06 (3). Time for Reply by Plaintiff (4) The plaintiff’s reply, if any, to the defence to plaintiff’s claim against crossclaiming defendant shall be delivered within ten days after service of that defence.  R.R.O. 1990, Reg. 194, r. 28.06 (4). Consequence of Not Defending Against Plaintiff (5) A defendant who does not defend against the plaintiff’s claim against the crossclaiming defendant is bound by any order or determination made in the main action between the plaintiff and the crossclaiming defendant.  R.R.O. 1990, Reg. 194, r. 28.06 (5).
Effect of Default of Defence to Crossclaim
 28.07 Where a defendant against whom a crossclaim is made is noted in default in respect of the crossclaim, the crossclaiming defendant may obtain judgment against the other defendant only at the trial of the main action or on motion to a judge.  R.R.O. 1990, Reg. 194, r. 28.07.
Time for Delivery of Reply to Defence to Crossclaim
 28.08 A reply to defence to crossclaim (Form 28C), if any, shall be delivered within ten days after service of the defence to crossclaim.  R.R.O. 1990, Reg. 194, r. 28.08.
Trial of Crossclaim
 28.09 A crossclaim shall be tried at or immediately after the trial of the main action, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 28.09.
Prejudice or Delay to Plaintiff
 28.10 A plaintiff is not to be prejudiced or unnecessarily delayed by reason of a crossclaim, and on motion by the plaintiff the court may make such order or impose such terms, including an order that the crossclaim proceed as a separate action, as are necessary to prevent prejudice or delay where that may be done without injustice to the parties to the crossclaim.  R.R.O. 1990, Reg. 194, r. 28.10.
Application to Counterclaims and Third Party Claims
 28.11 Rules 28.01 to 28.10 apply, with necessary modifications, to the assertion of a crossclaim between co-defendants to a counterclaim or between third parties to a third party claim.  R.R.O. 1990, Reg. 194, r. 28.11. RULE 29  THIRD PARTY CLAIM
RULE 29 THIRD PARTY CLAIM
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Where Available
 29.01 A defendant may commence a third party claim against any person who is not a party to the action and who, (a) is or may be liable to the defendant for all or part of the plaintiff’s claim; (b) is or may be liable to the defendant for an independent claim for damages or other relief arising out of, (i) a transaction or occurrence or series of transactions or occurrences involved in the main action, or (ii) a related transaction or occurrence or series of transactions or occurrences; or (c) should be bound by the determination of an issue arising between the plaintiff and the defendant.  R.R.O. 1990, Reg. 194, r. 29.01. Time for Third Party Claim Issuing 29.02 (1) A third party claim (Form 29A) shall be issued within 10 days after the defendant delivers a statement of defence, or at any time before the defendant is noted in default.  O. Reg. 351/94, s. 2; O. Reg. 55/12, s. 2. Exception, reply (1.1) A third party claim may be issued within 10 days after the plaintiff delivers a reply in the main action to the defendant’s statement of defence.  O. Reg. 351/94, s. 2. Exceptions, consent and leave (1.2) A third party claim may be issued at any time with the plaintiff’s consent or with leave, which the court shall grant unless the plaintiff would be prejudiced thereby.  O. Reg. 351/94, s. 2. Service (2) A third party claim shall be served on the third party personally or by an alternative to personal service under rule 16.03, together with all the pleadings previously delivered in the main action or in any counterclaim, crossclaim or third or subsequent party claim in the main action, within thirty days after the third party claim is issued.  R.R.O. 1990, Reg. 194, r. 29.02 (2). (3) A third party claim shall also be served on every other party to the main action within the time for service on the third party, but personal service is not required.  R.R.O. 1990, Reg. 194, r. 29.02 (3).
Time for Third Party Claim
 29.02 (1) A third party claim (Form 29A) shall be issued within 10 days after the defendant delivers a statement of defence, or at any time before the defendant is noted in default.  O. Reg. 351/94, s. 2; O. Reg. 55/12, s. 2. Exception, reply (1.1) A third party claim may be issued within 10 days after the plaintiff delivers a reply in the main action to the defendant’s statement of defence.  O. Reg. 351/94, s. 2. Exceptions, consent and leave (1.2) A third party claim may be issued at any time with the plaintiff’s consent or with leave, which the court shall grant unless the plaintiff would be prejudiced thereby.  O. Reg. 351/94, s. 2. Service (2) A third party claim shall be served on the third party personally or by an alternative to personal service under rule 16.03, together with all the pleadings previously delivered in the main action or in any counterclaim, crossclaim or third or subsequent party claim in the main action, within thirty days after the third party claim is issued.  R.R.O. 1990, Reg. 194, r. 29.02 (2). (3) A third party claim shall also be served on every other party to the main action within the time for service on the third party, but personal service is not required.  R.R.O. 1990, Reg. 194, r. 29.02 (3).
Third Party Defence
 29.03 Except as provided in subrule 18.02 (3) (notice of intent to defend) or 19.01 (5) (late filing of defence), a third party may defend against the third party claim by delivering a third party defence (Form 29B), (a) within twenty days after service of the third party claim, where the third party is served in Ontario; (b) within forty days after service of the third party 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 third party claim, where the third party is served anywhere else.  R.R.O. 1990, Reg. 194, r. 29.03.
Reply to Third Party Defence
 29.04 A reply to third party defence (Form 29C), if any, shall be delivered within ten days after service of the third party defence.  R.R.O. 1990, Reg. 194, r. 29.04. Defence of Main Action By Third Party Third Party May Defend Main Action 29.05 (1) Where appropriate, the third party may defend against the plaintiff’s claim against the defendant by delivering a statement of defence in the main action, in which the third party may raise any defence open to the defendant.  R.R.O. 1990, Reg. 194, r. 29.05 (1). Consequence of Defending Main Action (2) A third party who delivers a statement of defence in the main action, (a) has the same rights and obligations in the main action, including those in respect of discovery, trial and appeal, as a defendant in the main action; and (b) is bound by any order or determination made in the main action between the plaintiff and the defendant who made the third party claim.  R.R.O. 1990, Reg. 194, r. 29.05 (2). Time for Statement of Defence (3) The statement of defence of the third party shall be delivered within the time prescribed by rule 29.03 for the delivery of the third party defence.  R.R.O. 1990, Reg. 194, r. 29.05 (3). Time for Reply (4) The plaintiff’s reply, if any, to the statement of defence of the third party shall be delivered within ten days after service of that statement of defence.  R.R.O. 1990, Reg. 194, r. 29.05 (4). Consequence of Not Defending Main Action (5) A third party who does not deliver a statement of defence in the main action is bound by any order or determination made in the main action between the plaintiff and the defendant who made the third party claim.  R.R.O. 1990, Reg. 194, r. 29.05 (5).
Defence of Main Action By Third Party
 29.05 (1) Where appropriate, the third party may defend against the plaintiff’s claim against the defendant by delivering a statement of defence in the main action, in which the third party may raise any defence open to the defendant.  R.R.O. 1990, Reg. 194, r. 29.05 (1). Consequence of Defending Main Action (2) A third party who delivers a statement of defence in the main action, (a) has the same rights and obligations in the main action, including those in respect of discovery, trial and appeal, as a defendant in the main action; and (b) is bound by any order or determination made in the main action between the plaintiff and the defendant who made the third party claim.  R.R.O. 1990, Reg. 194, r. 29.05 (2). Time for Statement of Defence (3) The statement of defence of the third party shall be delivered within the time prescribed by rule 29.03 for the delivery of the third party defence.  R.R.O. 1990, Reg. 194, r. 29.05 (3). Time for Reply (4) The plaintiff’s reply, if any, to the statement of defence of the third party shall be delivered within ten days after service of that statement of defence.  R.R.O. 1990, Reg. 194, r. 29.05 (4). Consequence of Not Defending Main Action (5) A third party who does not deliver a statement of defence in the main action is bound by any order or determination made in the main action between the plaintiff and the defendant who made the third party claim.  R.R.O. 1990, Reg. 194, r. 29.05 (5).
Effect of Third Party Defence
 29.06 Where a third party has delivered a third party defence, (a) the third party shall be served with all subsequent documents in the main action; (b) judgment in the main action on consent or after the noting of the defendant in default may be obtained only on notice to the third party; and (c) where the defendant making the third party claim has also made a crossclaim against a co-defendant, the co-defendant and the third party have the same rights to discovery from each other as if they were parties to the same action.  R.R.O. 1990, Reg. 194, r. 29.06.
Effect of Default of Third Party
 29.07 Where a third party has been noted in default, the defendant may obtain judgment against the third party only at the trial of the main action or on motion to a judge.  R.R.O. 1990, Reg. 194, r. 29.07.
Trial of Third Party Claim
 29.08 (1) After the close of pleadings in the third party claim it shall be listed for trial as an action as provided in Rule 48 without undue delay and placed on the trial list immediately after the main action.  R.R.O. 1990, Reg. 194, r. 29.08 (1). (2) The third party claim shall be tried at or immediately after the trial of the main action, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 29.08 (2).
Prejudice or Delay to Plaintiff
 29.09 A plaintiff is not to be prejudiced or unnecessarily delayed by reason of a third party claim, and on motion by the plaintiff the court may make such order or impose such terms, including an order that the third party claim proceed as a separate action, as are necessary to prevent prejudice or delay where that may be done without injustice to the defendant or the third party.  R.R.O. 1990, Reg. 194, r. 29.09.
Third Party Directions
 29.10 Any party affected by a third party claim may move for directions in respect of any matter of procedure not otherwise provided for in these rules.  R.R.O. 1990, Reg. 194, r. 29.10.