jswizzle3737/ontario_laws_and_regs huggingface dataset:
Proceedings by or against Executor, Administrator or Trustee
 9.01 (1) A proceeding may be brought by or against an executor, administrator or trustee as representing an estate or trust and its beneficiaries without joining the beneficiaries as parties.  R.R.O. 1990, Reg. 194, r. 9.01 (1). Exceptions (2) Subrule (1) does not apply to a proceeding, (a) to establish or contest the validity of a will; (b) for the interpretation of a will; (c) to remove or replace an executor, administrator or trustee; (d) against an executor, administrator or trustee for fraud or misconduct; or (e) for the administration of an estate or the execution of a trust by the court.  R.R.O. 1990, Reg. 194, r. 9.01 (2). Executor, Administrator or Trustee Refusing to be Joined (3) Where a proceeding is commenced by executors, administrators or trustees, any executor, administrator or trustee who does not consent to be joined as a plaintiff or applicant shall be made a defendant or respondent.  R.R.O. 1990, Reg. 194, r. 9.01 (3). Beneficiaries and Others Added by Order (4) The court may order that any beneficiary, creditor or other interested person be made a party to a proceeding by or against an executor, administrator or trustee.  R.R.O. 1990, Reg. 194, r. 9.01 (4).
RULE 10 REPRESENTATION ORDER
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Representation of an Interested Person Who Cannot Be Ascertained
 10.01 (1) In a proceeding concerning, (a) the interpretation of a deed, will, contract or other instrument, or the interpretation of a statute, order in council, regulation or municipal by-law or resolution; (b) the determination of a question arising in the administration of an estate or trust; (c) the approval of a sale, purchase, settlement or other transaction; (d) the approval of an arrangement under the Variation of Trusts Act; (e) the administration of the estate of a deceased person; or (f) any other matter where it appears necessary or desirable to make an order under this subrule, a judge may by order appoint one or more persons to represent any person or class of persons who are unborn or unascertained or who have a present, future, contingent or unascertained interest in or may be affected by the proceeding and who cannot be readily ascertained, found or served.  R.R.O. 1990, Reg. 194, r. 10.01 (1). Order Binds Represented Persons (2) Where an appointment is made under subrule (1), an order in the proceeding is binding on a person or class so represented, subject to rule 10.03.  R.R.O. 1990, Reg. 194, r. 10.01 (2). Settlement Affecting Persons who are not Parties (3) Where in a proceeding referred to in subrule (1) a settlement is proposed and some of the persons interested in the settlement are not parties to the proceeding, but, (a) those persons are represented by a person appointed under subrule (1) who assents to the settlement; or (b) there are other persons having the same interest who are parties to the proceeding and assent to the settlement, the judge, if satisfied that the settlement will be for the benefit of the interested persons who are not parties and that to require service on them would cause undue expense or delay, may approve the settlement on behalf of those persons.  R.R.O. 1990, Reg. 194, r. 10.01 (3). (4) A settlement approved under subrule (3) binds the interested persons who are not parties, subject to rule 10.03.  R.R.O. 1990, Reg. 194, r. 10.01 (4).
Representation of a Deceased Person
 10.02 Where it appears to a judge that the estate of a deceased person has an interest in a matter in question in the proceeding and there is no executor or administrator of the estate, the judge may order that the proceeding continue in the absence of a person representing the estate of the deceased person or may by order appoint a person to represent the estate for the purposes of the proceeding, and an order in the proceeding binds the estate of the deceased person, subject to rule 10.03, as if the executor or administrator of the estate of that person had been a party to the proceeding.  R.R.O. 1990, Reg. 194, r. 10.02.
Relief from Binding Effect of Order
 10.03 Where a person or an estate is bound by reason of a representation order made under subrule 10.01 (1) or rule 10.02, an approval under subrule 10.01 (3) or an order that the proceeding continue made under rule 10.02, a judge may order in the same or a subsequent proceeding that the person or estate not be bound where the judge is satisfied that, (a) the order or approval was obtained by fraud or non-disclosure of material facts; (b) the interests of the person or estate were different from those represented at the hearing; or (c) for some other sufficient reason the order or approval should be set aside.  R.R.O. 1990, Reg. 194, r. 10.03; O. Reg. 259/14, s. 3. RULE 11  TRANSFER OR TRANSMISSION OF INTEREST
RULE 11 TRANSFER OR TRANSMISSION OF INTEREST
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Effect of Transfer or Transmission
 11.01 Where at any stage of a proceeding the interest or liability of a party is transferred or transmitted to another person by assignment, bankruptcy, death or other means, the proceeding shall be stayed with respect to the party whose interest or liability has been transferred or transmitted until an order to continue the proceeding by or against the other person has been obtained.  R.R.O. 1990, Reg. 194, r. 11.01; O. Reg. 14/04, s. 9.
Order to Continue
 11.02 (1) Where a transfer or transmission of the interest or liability of a party takes place while a proceeding is pending, any interested person may, on filing an affidavit verifying the transfer or transmission of interest or liability, obtain on requisition from the registrar an order to continue (Form 11A), without notice to any other party.  R.R.O. 1990, Reg. 194, r. 11.02 (1). (2) An order to continue shall be served forthwith on every other party.  R.R.O. 1990, Reg. 194, r. 11.02 (2).
Failure to Obtain Order to Continue Action
 11.03 Where a transfer or transmission of the interest of a plaintiff takes place while an action is pending and no order to continue is obtained within a reasonable time, a defendant may move to have the action dismissed for delay, and rules 24.02 to 24.05 apply, with necessary modifications.  R.R.O. 1990, Reg. 194, r. 11.03. RULE 12  CLASS PROCEEDINGS AND OTHER REPRESENTATIVE PROCEEDINGS
RULE 12 CLASS PROCEEDINGS AND OTHER REPRESENTATIVE PROCEEDINGS
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Definitions
 12.01 In rules 12.02 to 12.08, “Act” means the Class Proceedings Act, 1992; (“Loi”) “Foundation” means The Law Foundation of Ontario; (“Fondation”) “Fund” means the Class Proceedings Fund of the Foundation. (“Fonds”)  O. Reg. 770/92, s. 5; O. Reg. 465/93, s. 2 (2); O. Reg. 496/20, s. 1.
Title of Proceeding
 12.02 (1) In a proceeding commenced under subsection 2 (1) of the Act, the title of the proceeding shall include, after the names of the parties, “Proceeding under the
Class Proceedings Act, 1992”.  O. Reg. 770/92, s. 5. (2) In a proceeding referred to in section 3 or 4 of the Act, the notice of motion for an order certifying the proceeding, the order certifying it and all subsequent documents shall include, after the names of the parties, “Proceeding under the Class Proceedings Act, 1992”.  O. Reg. 770/92, s. 5.
Discovery of Class Members
 12.03 (1) For the purpose of subrule 31.11 (1) (reading in examination), a class member who is examined for discovery under subsection 15 (2) of the Act is examined in addition to the party.  O. Reg. 770/92, s. 5. (2) Rule 31.10 (discovery of non-parties) and clause 34.15 (1) (b) (sanctions for default or misconduct) do not apply when a class member is examined for discovery under subsection 15 (2) of the Act.  O. Reg. 770/92, s. 5. Costs Application of Rule 12.04 (1) This rule applies to proceedings under the Act in which the plaintiff or applicant has received financial support from the Fund.  O. Reg. 770/92, s. 5; O. Reg. 496/20, s. 2. Notice to Foundation, Opportunity to Participate (2) If the court is of the opinion that the defendant or respondent may be entitled to an award of costs, the court shall direct the plaintiff or applicant to give notice to the Foundation.  O. Reg. 113/01, s. 1. (3) When the court has made a direction under subrule (2), (a) no order for costs or assessment of costs shall be made unless the Foundation has had an opportunity to present evidence and make submissions in respect of costs; and (b) the Foundation is a party for the purpose of an appeal in relation to costs.  O. Reg. 113/01, s. 1. Failure to Accept Defendant’s Offer (4) Subrule 49.10 (2) (costs consequences of offer) does not apply.  O. Reg. 113/01, s. 1.
Costs
 12.04 (1) This rule applies to proceedings under the Act in which the plaintiff or applicant has received financial support from the Fund.  O. Reg. 770/92, s. 5; O. Reg. 496/20, s. 2. Notice to Foundation, Opportunity to Participate (2) If the court is of the opinion that the defendant or respondent may be entitled to an award of costs, the court shall direct the plaintiff or applicant to give notice to the Foundation.  O. Reg. 113/01, s. 1. (3) When the court has made a direction under subrule (2), (a) no order for costs or assessment of costs shall be made unless the Foundation has had an opportunity to present evidence and make submissions in respect of costs; and (b) the Foundation is a party for the purpose of an appeal in relation to costs.  O. Reg. 113/01, s. 1. Failure to Accept Defendant’s Offer (4) Subrule 49.10 (2) (costs consequences of offer) does not apply.  O. Reg. 113/01, s. 1.
Contents of Judgments and Orders
 12.05 (1) A judgment in a proceeding under the Act, or an order approving a settlement under section 27.1 of the Act or approving a discontinuance or abandonment of a proceeding under section 29 of the Act, shall contain directions with respect to, (a) the distribution of amounts awarded under section 24 or 25 of the Act, and the costs of distribution; (b) the payment of amounts owing under an enforceable agreement made under section 32 of the Act between a lawyer and a representative party; (c) the payment of the costs of the proceeding; and (d) the payment of any levy in favour of the Fund under clause 59.5 (1) (g) of the Law Society Act.  O. Reg. 770/92, s. 5; O. Reg. 575/07, s. 1; O. Reg. 496/20, s. 3. (2) An order certifying two or more proceedings as a class proceeding under section 3 of the Act or decertifying a class proceeding under section 10 of the Act shall contain directions with respect to pleadings and other procedural matters.  O. Reg. 770/92, s. 5. Leave to Appeal Leave to be Obtained from Another Judge 12.06 (1) Leave to appeal to the Divisional Court under subsection 30 (9), (10) or (11) of the Act shall be obtained from a judge other than the judge who made the order.  O. Reg. 465/93, s. 2 (3); O. Reg. 496/20, s. 4 (1). Motion in Writing (1.1) The motion for leave to appeal shall be heard in writing, without the attendance of parties or lawyers. O. Reg. 82/17, s. 2 (1). (2) Revoked: O. Reg. 496/20, s. 4 (2). Leave to Appeal — Grounds (3) Leave to appeal from an order under subsection 30 (9), (10) or (11) of the Act shall not be granted unless, (a) there has been a miscarriage of justice; or (b) the order may be used as a precedent in determining the rights of other class members or the defendant in the proceeding under section 24 or 25 of the Act and there is good reason to doubt the correctness of the order.  O. Reg. 465/93, s. 2 (3). Procedure (4) Subrules 61.03.1 (2) to (19) apply, with the following and any other necessary modifications, to the motion for leave to appeal: 1. References in those subrules to the Court of Appeal shall be read as references to the Divisional Court. 2. For the purposes of subrule 61.03.1 (6), only one copy of each of the motion record, factum, any transcripts and any book of authorities is required to be filed. 3. For the purposes of subrule 61.03.1 (10), only one copy of each of the factum, any motion record and any book of authorities is required to be filed. O. Reg. 82/17, s. 2 (3). Subsequent Procedure if Leave Granted (5) If leave is granted, the notice of appeal required by rule 61.04, together with the appellant’s certificate respecting evidence required by subrule 61.05 (1), shall be delivered within seven days after the granting of leave, and from then on Rule 61 applies to the appeal. O. Reg. 82/17, s. 2 (3).
Leave to Appeal
 12.06 (1) Leave to appeal to the Divisional Court under subsection 30 (9), (10) or (11) of the Act shall be obtained from a judge other than the judge who made the order.  O. Reg. 465/93, s. 2 (3); O. Reg. 496/20, s. 4 (1). Motion in Writing (1.1) The motion for leave to appeal shall be heard in writing, without the attendance of parties or lawyers. O. Reg. 82/17, s. 2 (1). (2) Revoked: O. Reg. 496/20, s. 4 (2). Leave to Appeal — Grounds (3) Leave to appeal from an order under subsection 30 (9), (10) or (11) of the Act shall not be granted unless, (a) there has been a miscarriage of justice; or (b) the order may be used as a precedent in determining the rights of other class members or the defendant in the proceeding under section 24 or 25 of the Act and there is good reason to doubt the correctness of the order.  O. Reg. 465/93, s. 2 (3). Procedure (4) Subrules 61.03.1 (2) to (19) apply, with the following and any other necessary modifications, to the motion for leave to appeal: 1. References in those subrules to the Court of Appeal shall be read as references to the Divisional Court. 2. For the purposes of subrule 61.03.1 (6), only one copy of each of the motion record, factum, any transcripts and any book of authorities is required to be filed. 3. For the purposes of subrule 61.03.1 (10), only one copy of each of the factum, any motion record and any book of authorities is required to be filed. O. Reg. 82/17, s. 2 (3). Subsequent Procedure if Leave Granted (5) If leave is granted, the notice of appeal required by rule 61.04, together with the appellant’s certificate respecting evidence required by subrule 61.05 (1), shall be delivered within seven days after the granting of leave, and from then on Rule 61 applies to the appeal. O. Reg. 82/17, s. 2 (3).
Proceeding against Representative Defendant
 12.07 Where numerous persons have the same interest, one or more of them may defend a proceeding on behalf or for the benefit of all, or may be authorized by the court to do so.  O. Reg. 465/93, s. 2 (3).
Proceeding by Unincorporated Association or Trade Union
 12.08 Where numerous persons are members of an unincorporated association or trade union and a proceeding under the Act would be an unduly expensive or inconvenient means for determining their claims, one or more of them may be authorized by the court to bring a proceeding on behalf of or for the benefit of all.  O. Reg. 288/99, s. 9; O. Reg. 496/20, s. 5. RULE 13  INTERVENTION
RULE 13 INTERVENTION
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Leave to Intervene as Added Party
 13.01 (1) A person who is not a party to a proceeding may move for leave to intervene as an added party if the person claims, (a) an interest in the subject matter of the proceeding; (b) that the person may be adversely affected by a judgment in the proceeding; or (c) that there exists between the person and one or more of the parties to the proceeding a question of law or fact in common with one or more of the questions in issue in the proceeding.  R.R.O. 1990, Reg. 194, r. 13.01 (1). (2) On the motion, the court shall consider whether the intervention will unduly delay or prejudice the determination of the rights of the parties to the proceeding and the court may add the person as a party to the proceeding and may make such order as is just.  R.R.O. 1990, Reg. 194, r. 13.01 (2).
Leave to Intervene as Friend of the Court
 13.02 Any person may, with leave of a judge or at the invitation of the presiding judge or associate judge, and without becoming a party to the proceeding, intervene as a friend of the court for the purpose of rendering assistance to the court by way of argument.  R.R.O. 1990, Reg. 194, r. 13.02; O. Reg. 186/10, s. 1; O. Reg. 711/20, s. 7; O. Reg. 383/21, s. 15.
COMMENCEMENT OF PROCEEDINGS
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RULE 13.1 PLACE OF COMMENCEMENT AND HEARING OR TRIAL
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RULE 14 ORIGINATING PROCESS
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How Proceedings Commenced
 14.01 (1) A proceeding shall be commenced by the issuing of an originating process. O. Reg. 14/04, s. 11. Exceptions (2) A counterclaim that is only against persons who are already parties to the main action, and a crossclaim, shall be commenced by the delivery of the pleading containing the counterclaim or crossclaim, and the pleading need not be issued. O. Reg. 131/04, s. 4. (2.1) An application for a certificate of appointment of estate trustee under Rule 74 or for a small estate certificate or amended small estate certificate under Rule 74.1 need not be issued. O. Reg. 484/94, s. 4 (2); O. Reg. 111/21, s. 2; O. Reg. 383/21, s. 2. Where Leave Required (3) Where leave to commence a proceeding is required, it shall be obtained by motion. R.R.O. 1990, Reg. 194, r. 14.01 (3). (4) A party may rely on a fact that occurs after the commencement of a proceeding, even though the fact gives rise to a new claim or defence, and, if necessary, may move to amend an originating process or pleading to allege the fact.  R.R.O. 1990, Reg. 194, r. 14.01 (4). 14.01.1 Revoked:  O. Reg. 457/01, s. 2.
Proceedings by Action as General Rule
 14.02 Every proceeding in the court shall be by action, except where a statute or these rules provide otherwise.  R.R.O. 1990, Reg. 194, r. 14.02. Actions — By Statement of Claim or Notice of Action Statement of Claim 14.03 (1) The originating process for the commencement of an action is a statement of claim (Form 14A (general) or 14B (mortgage actions)), except as provided by, (a) subrule (2) (notice of action); (b)  Revoked:  O. Reg. 131/04, s. 5 (1). (c) rule 27.03 (counterclaim against person not already a party); (d) subrule 29.02 (1) (third party claim); and (e) rule 29.11 (fourth and subsequent party claims).  R.R.O. 1990, Reg. 194, r. 14.03 (1); O. Reg. 131/04, s. 5 (1). Notice of Action (2) Where there is insufficient time to prepare a statement of claim, an action may be commenced by the issuing of a notice of action (Form 14C) that contains a short statement of the nature of the claim.  R.R.O. 1990, Reg. 194, r. 14.03 (2); O. Reg. 131/04, s. 5 (2). (3) Where a notice of action is used, the plaintiff shall file a statement of claim (Form 14D) within thirty days after the notice of action is issued, and no statement of claim shall be filed thereafter except with the written consent of the defendant or with leave of the court obtained on notice to the defendant.  R.R.O. 1990, Reg. 194, r. 14.03 (3). (4) The notice of action shall not be served separately from the statement of claim.  R.R.O. 1990, Reg. 194, r. 14.03 (4). Information for Court Use (4.1) Form 14F (Information for court use) shall be filed together with Form 14A, 14B or 14C, as the case may be.  O. Reg. 206/02, s. 2; O. Reg. 263/03, s. 2; O. Reg. 487/16, s. 5; O. Reg. 584/17, s. 5. Statement of Claim may Alter or Extend Claim (5) In an action commenced by the issuing of a notice of action, the statement of claim may alter or extend the claim stated in the notice of action.  R.R.O. 1990, Reg. 194, r. 14.03 (5).
Actions — By Statement of Claim or Notice of Action
 14.03 (1) The originating process for the commencement of an action is a statement of claim (Form 14A (general) or 14B (mortgage actions)), except as provided by, (a) subrule (2) (notice of action); (b)  Revoked:  O. Reg. 131/04, s. 5 (1). (c) rule 27.03 (counterclaim against person not already a party); (d) subrule 29.02 (1) (third party claim); and (e) rule 29.11 (fourth and subsequent party claims).  R.R.O. 1990, Reg. 194, r. 14.03 (1); O. Reg. 131/04, s. 5 (1). Notice of Action (2) Where there is insufficient time to prepare a statement of claim, an action may be commenced by the issuing of a notice of action (Form 14C) that contains a short statement of the nature of the claim.  R.R.O. 1990, Reg. 194, r. 14.03 (2); O. Reg. 131/04, s. 5 (2). (3) Where a notice of action is used, the plaintiff shall file a statement of claim (Form 14D) within thirty days after the notice of action is issued, and no statement of claim shall be filed thereafter except with the written consent of the defendant or with leave of the court obtained on notice to the defendant.  R.R.O. 1990, Reg. 194, r. 14.03 (3). (4) The notice of action shall not be served separately from the statement of claim.  R.R.O. 1990, Reg. 194, r. 14.03 (4). Information for Court Use (4.1) Form 14F (Information for court use) shall be filed together with Form 14A, 14B or 14C, as the case may be.  O. Reg. 206/02, s. 2; O. Reg. 263/03, s. 2; O. Reg. 487/16, s. 5; O. Reg. 584/17, s. 5. Statement of Claim may Alter or Extend Claim (5) In an action commenced by the issuing of a notice of action, the statement of claim may alter or extend the claim stated in the notice of action.  R.R.O. 1990, Reg. 194, r. 14.03 (5).
Ordinary and Simplified Procedure
 14.03.1 The simplified procedure set out in Rule 76 shall be used in actions to which subrule 76.02 (1), (2) or (2.1) applies, and may be used in other actions in accordance with subrule 76.02 (3); otherwise, the ordinary procedure set out in these Rules shall be used in all proceedings.  O. Reg. 652/00, s. 1; O. Reg. 284/01, s. 4; O. Reg. 132/04, s. 3. 14.04 Revoked: O. Reg. 584/17, s. 6.
Applications — By Notice of Application or Application for Certificate
 14.05 (1) The originating process for the commencement of an application is, as applicable, (a) a notice of application (Form 14E, 14E.1, 68A or 73A); or (b) an application for a certificate of appointment of estate trustee (Form 74A or 74J), small estate certificate (Form 74.1A) or amended small estate certificate (Form 74.1E). O. Reg. 383/21, s. 3; O. Reg. 709/21, s. 2. Information for Court Use (1.1) Form 14F (Information for court use) shall be filed together with a notice of application in Form 14E, 14E.1, 68A or 73A.  O. Reg. 260/05, s. 2; O. Reg. 43/14, s. 5 (2). Application under Statute (2) A proceeding may be commenced by an application to the Superior Court of Justice or to a judge of that court, if a statute so authorizes.  R.R.O. 1990, Reg. 194, r. 14.05 (2); O. Reg. 292/99, s. 1 (2). Application under Rules (3) A proceeding may be brought by application where these rules authorize the commencement of a proceeding by application or where the relief claimed is, (a) the opinion, advice or direction of the court on a question affecting the rights of a person in respect of the administration of the estate of a deceased person or the execution of a trust; (b) an order directing executors, administrators or trustees to do or abstain from doing any particular act in respect of an estate or trust for which they are responsible; (c) the removal or replacement of one or more executors, administrators or trustees, or the fixing of their compensation; (d) the determination of rights that depend on the interpretation of a deed, will, contract or other instrument, or on the interpretation of a statute, order in council, regulation or municipal by-law or resolution; (e) the declaration of an interest in or charge on land, including the nature and extent of the interest or charge or the boundaries of the land, or the settling of the priority of interests or charges; (f) the approval of an arrangement or compromise or the approval of a purchase, sale, mortgage, lease or variation of trust; (g) an injunction, mandatory order or declaration or the appointment of a receiver or other consequential relief when ancillary to relief claimed in a proceeding properly commenced by a notice of application; (g.1) for a remedy under the Canadian Charter of Rights and Freedoms; or (h) in respect of any matter where it is unlikely that there will be any material facts in dispute requiring a trial. R.R.O. 1990, Reg. 194, r. 14.05 (3); O. Reg. 396/91, s. 3; O. Reg. 537/18, s. 2.
Title of Proceeding
 14.06 (1) Every originating process shall contain a title of the proceeding setting out the names of all the parties and the capacity in which they are made parties, if other than their personal capacity.  R.R.O. 1990, Reg. 194, r. 14.06 (1). (2) In an action, the title of the proceeding shall name the party commencing the action as the plaintiff and the opposite party as the defendant.  R.R.O. 1990, Reg. 194, r. 14.06 (2); O. Reg. 131/04. s. 7. (3) In an application, the title of the proceeding shall name the party commencing the application as the applicant and the opposite party, if any, as the respondent and the notice of application shall state the statutory provision or rule, if any, under which the application is made.  R.R.O. 1990, Reg. 194, r. 14.06 (3). Exception (4) Subrules (1), (2) and (3) do not apply to a proceeding under Rule 74, 74.1 or 75.  O. Reg. 484/94, s. 6; O. Reg. 111/21, s. 3.
How Originating Process Issued
 14.07 (1) An originating process is issued by the registrar’s act of dating, signing and sealing it with the seal of the court and assigning to it a court file number.  R.R.O. 1990, Reg. 194, r. 14.07 (1). (2) A copy of the originating process shall be filed in the court file when it is issued.  R.R.O. 1990, Reg. 194, r. 14.07 (2); O. Reg. 248/21, s. 14. (3) Revoked: O. Reg. 584/17, s. 7.
Time for Service in Actions
 14.08 (1) Where an action is commenced by a statement of claim, the statement of claim shall be served within six months after it is issued.  R.R.O. 1990, Reg. 194, r. 14.08 (1). (2) Where an action is commenced by a notice of action, the notice of action and the statement of claim shall be served together within six months after the notice of action is issued.  R.R.O. 1990, Reg. 194, r. 14.08 (2). (3) Revoked: O. Reg. 170/14, s. 2. (4) Revoked:  R.R.O. 1990, Reg. 194, r. 14.08 (5). (5) Spent:  O. Reg. 198/05, s. 1. (as amended by O. Reg. 438/08, s. 11 (2)).
Striking out or Amending
 14.09 An originating process that is not a pleading may be struck out or amended in the same manner as a pleading.  R.R.O. 1990, Reg. 194, r. 14.09.
Dismissal of Action Where Defendant Pays Claim
 14.10 (1) Where the plaintiff’s claim is for money only, a defendant, on paying within the time prescribed for delivery of a defence or at any time before being noted in default, the amount of the plaintiff’s claim and the amount claimed for costs, may on motion have the court dismiss the action.  R.R.O. 1990, Reg. 194, r. 14.10 (1). (2) A defendant who considers the amount claimed for costs to be excessive may pay, within the time prescribed for delivery of a defence or at any time before being noted in default, the amount of the plaintiff’s claim and the sum of $400 for costs, and the court on motion may dismiss the action and may fix and order payment of the plaintiff’s costs or may order payment of the plaintiff’s costs as assessed under Rule 58.  R.R.O. 1990, Reg. 194, r. 14.10 (2); O. Reg. 653/00, s. 2. RULE 15  REPRESENTATION BY LAWYER
RULE 15 REPRESENTATION BY LAWYER
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Notice of Authority to Commence Proceeding
 15.02 (1) A person who is served with an originating process may deliver a request that the lawyer who is named in the originating process as the lawyer for the plaintiff or applicant deliver a notice declaring whether he or she commenced or authorized the commencement of the proceeding or whether his or her client authorized the commencement of the proceeding.  O. Reg. 427/01, s. 9; O. Reg. 575/07, s. 1. Power of Court (2) If the lawyer fails to deliver a notice in accordance with the request, the court may, (a) order the lawyer to do so; (b) stay the proceeding; and (c) order the lawyer to pay the costs of the proceeding.  O. Reg. 427/01, s. 9; O. Reg. 575/07, s. 1. Proceeding Commenced without Lawyer’s Authority (3) If the lawyer declares that he or she did not commence or authorize the commencement of the proceeding, the court may, on motion without notice, stay or dismiss the proceeding.  O. Reg. 427/01, s. 9; O. Reg. 575/07, s. 1. Proceeding Commenced without Client’s Authority (4) If a lawyer has commenced a proceeding without the authority of his or her client, the court may, on motion, stay or dismiss the proceeding and order the lawyer to pay the costs of the proceeding.  O. Reg. 427/01, s. 9; O. Reg. 575/07, s. 1. Effect of Stay (5) If a proceeding is stayed under this rule, no further step may be taken without leave of the court.  O. Reg. 427/01, s. 9. Change in Representation by Party Notice of Change of Lawyer 15.03 (1) A party who has a lawyer of record may change the lawyer of record by serving on the lawyer and every other party and filing, with proof of service, a notice of change of lawyer (Form 15A) giving the name, address and telephone number of the new lawyer.  O. Reg. 575/07, s. 12. Notice of Appointment of Lawyer (2) A party acting in person may appoint a lawyer of record by serving on every other party and filing, with proof of service, a notice of appointment of lawyer (Form 15B) giving the name, address and telephone number of the lawyer of record.  O. Reg. 575/07, s. 12. Notice of Intention to Act in Person (3) Subject to subrule 15.01 (1) or (2), a party who has a lawyer of record may elect to act in person by serving on the lawyer and every other party and filing, with proof of service, a notice of intention to act in person (Form 15C) that sets out the party’s address for service and telephone number.  O. Reg. 575/07, s. 12; O. Reg. 248/21, s. 13. Claim for Lawyer’s Lien (4) A party may move, on notice to the party’s former lawyer of record, for an order determining whether and to what extent the lawyer has a right to a lawyer’s lien.  O. Reg. 575/07, s. 12. (5) In the order, the court may impose such terms as are just in connection with the lien and its discharge.  O. Reg. 377/95, s. 3.
Change in Representation by Party
 15.03 (1) A party who has a lawyer of record may change the lawyer of record by serving on the lawyer and every other party and filing, with proof of service, a notice of change of lawyer (Form 15A) giving the name, address and telephone number of the new lawyer.  O. Reg. 575/07, s. 12. Notice of Appointment of Lawyer (2) A party acting in person may appoint a lawyer of record by serving on every other party and filing, with proof of service, a notice of appointment of lawyer (Form 15B) giving the name, address and telephone number of the lawyer of record.  O. Reg. 575/07, s. 12. Notice of Intention to Act in Person (3) Subject to subrule 15.01 (1) or (2), a party who has a lawyer of record may elect to act in person by serving on the lawyer and every other party and filing, with proof of service, a notice of intention to act in person (Form 15C) that sets out the party’s address for service and telephone number.  O. Reg. 575/07, s. 12; O. Reg. 248/21, s. 13. Claim for Lawyer’s Lien (4) A party may move, on notice to the party’s former lawyer of record, for an order determining whether and to what extent the lawyer has a right to a lawyer’s lien.  O. Reg. 575/07, s. 12. (5) In the order, the court may impose such terms as are just in connection with the lien and its discharge.  O. Reg. 377/95, s. 3.
Duty of Lawyer of Record
 15.05 A lawyer of record shall act as and remains the lawyer of record for his or her client until, (a) the client delivers a notice under rule 15.03; or (b) an order removing the lawyer from the record has been entered and the lawyer has satisfied the service and filing requirements of subrules 15.04 (2), (3) (if applicable) and (5). O. Reg. 575/07, s. 14; O. Reg. 281/16, s. 5.
Where a Lawyer of Record Has Ceased to Practise
 15.06 Where the lawyer of record for a party has ceased to practise law, and the party for whom the lawyer acted has not served a notice under rule 15.03, any other party may serve a document on the party by mailing a copy to the party at the party’s last known address, or may move for directions.  O. Reg. 575/07, s. 14.
Lawyer from Another Province
 15.07 If a lawyer from another province represents a party to a proceeding, any party to the proceeding may move for directions for the conduct of the proceeding.  O. Reg. 575/07, s. 14. SERVICE RULE 16  SERVICE OF DOCUMENTS General Rules for Manner of Service Originating Process 16.01 (1) An originating process shall be served personally as provided in rule 16.02 or by an alternative to personal service as provided in rule 16.03.  R.R.O. 1990, Reg. 194, r. 16.01 (1); O. Reg. 131/04, s. 8. (2) A party who has not been served with the originating process but delivers a defence, notice of intent to defend or notice of appearance shall be deemed to have been served with the originating process as of the date of delivery.  O. Reg. 113/01, s. 2. All Other Documents (3) No other document need be served personally, or by an alternative to personal service, unless these rules or an order require personal service or an alternative to personal service.  R.R.O. 1990, Reg. 194, r. 16.01 (3). (4) Any document that is not required to be served personally or by an alternative to personal service, (a) shall be served on a party who has a lawyer of record by serving the lawyer, and service may be made in a manner provided in rule 16.05; (b) may be served on a party acting in person or on a person who is not a party, (i) by mailing a copy of the document to the last address for service provided by the party or other person or, if no such address has been provided, to the party’s or person’s last known address, (ii) by personal service or by an alternative to personal service, (iii) by use of an electronic document exchange of which the party or person is a member or subscriber, but, where service is made under this subclause between 4 p.m. and midnight, it is deemed to have been made on the following day, or (iv) by e-mailing a copy to the last e-mail address for service provided by the party or other person or, if no such e-mail address has been provided, to the party’s or person’s last known e-mail address in accordance with subrule 16.06.1 (1), but, where service is made under this subclause between 4 p.m. and midnight, it is deemed to have been made on the following day. R.R.O. 1990, Reg. 194, r. 16.01 (4); O. Reg. 260/05, s. 3; O. Reg. 575/07, s. 15; O. Reg. 170/14, s. 3; O. Reg. 689/20, s. 14; O. Reg. 248/21, s. 3.
SERVICE
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RULE 16 SERVICE OF DOCUMENTS
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General Rules for Manner of Service
 16.01 (1) An originating process shall be served personally as provided in rule 16.02 or by an alternative to personal service as provided in rule 16.03.  R.R.O. 1990, Reg. 194, r. 16.01 (1); O. Reg. 131/04, s. 8. (2) A party who has not been served with the originating process but delivers a defence, notice of intent to defend or notice of appearance shall be deemed to have been served with the originating process as of the date of delivery.  O. Reg. 113/01, s. 2. All Other Documents (3) No other document need be served personally, or by an alternative to personal service, unless these rules or an order require personal service or an alternative to personal service.  R.R.O. 1990, Reg. 194, r. 16.01 (3). (4) Any document that is not required to be served personally or by an alternative to personal service, (a) shall be served on a party who has a lawyer of record by serving the lawyer, and service may be made in a manner provided in rule 16.05; (b) may be served on a party acting in person or on a person who is not a party, (i) by mailing a copy of the document to the last address for service provided by the party or other person or, if no such address has been provided, to the party’s or person’s last known address, (ii) by personal service or by an alternative to personal service, (iii) by use of an electronic document exchange of which the party or person is a member or subscriber, but, where service is made under this subclause between 4 p.m. and midnight, it is deemed to have been made on the following day, or (iv) by e-mailing a copy to the last e-mail address for service provided by the party or other person or, if no such e-mail address has been provided, to the party’s or person’s last known e-mail address in accordance with subrule 16.06.1 (1), but, where service is made under this subclause between 4 p.m. and midnight, it is deemed to have been made on the following day. R.R.O. 1990, Reg. 194, r. 16.01 (4); O. Reg. 260/05, s. 3; O. Reg. 575/07, s. 15; O. Reg. 170/14, s. 3; O. Reg. 689/20, s. 14; O. Reg. 248/21, s. 3.
Substituted Service or Dispensing with Service
 16.04 (1) Where it appears to the court that it is impractical for any reason to effect prompt service of an originating process or any other document required to be served personally or by an alternative to personal service under these rules, the court may make an order for substituted service or, where necessary in the interest of justice, may dispense with service.  R.R.O. 1990, Reg. 194, r. 16.04 (1). Effective Date of Service (2) In an order for substituted service, the court shall specify when service in accordance with the order is effective.  R.R.O. 1990, Reg. 194, r. 16.04 (2). (3) Where an order is made dispensing with service of a document, the document shall be deemed to have been served on the date of the order for the purpose of the computation of time under these rules.  R.R.O. 1990, Reg. 194, r. 16.04 (3).
Service on Lawyer of Record
 16.05 (1) Service of a document on the lawyer of record of a party may be made, (a) by mailing a copy to the lawyer’s office; (b) by leaving a copy with a lawyer or employee in the lawyer’s office; (c) by depositing a copy at a document exchange of which the lawyer is a member or subscriber, but service under this clause is effective only if the document or a copy of it and the copy deposited are date stamped by the document exchange in the presence of the person depositing the copy; (c.1) by use of an electronic document exchange of which the lawyer is a member or subscriber, but, where service is made under this clause between 4 p.m. and midnight, it is deemed to have been made on the following day; (d)  Revoked: O. Reg. 689/20, s. 15 (1). (e) by sending a copy to the lawyer’s office by courier; or (f) by e-mailing a copy to the last e-mail address for service provided by the lawyer or, if no such e-mail address has been provided, to the lawyer’s last known e-mail address in accordance with subrule 16.06.1 (1), but, where service is made under this clause between 4 p.m. and midnight, it is deemed to have been made on the following day. O. Reg. 575/07, s. 18; O. Reg. 170/14, s. 5 (1-3); O. Reg. 689/20, s. 15 (1, 2). (2) Service of a document by depositing a copy at a document exchange under clause (1) (c) is effective on the day following the day on which it was deposited and date stamped, unless that following day is a holiday, in which case service is effective on the next day that is not a holiday.  R.R.O. 1990, Reg. 194, r. 16.05 (2). (2.1), (3) Revoked: O. Reg. 689/20, s. 15 (3). (3.1) Revoked: O. Reg. 170/14, s. 5 (4). (3.2) Revoked: O. Reg. 689/20, s. 15 (3). (4) Revoked: O. Reg. 170/14, s. 5 (5). Service by Mail Manner of Service 16.06 (1) Where a document is to be served by mail under these rules, a copy of the document shall be served by regular lettermail or by registered mail.  O. Reg. 535/92, s. 6 (1). Effective Date (2) Service of a document by mail, except under subrule 16.03 (4), is effective on the fifth day after the document is mailed but the document may be filed with proof of service before service becomes effective.  R.R.O. 1990, Reg. 194, r. 16.06 (2); O. Reg. 535/92, s. 6 (2). Service by E-mail Required Information 16.06.1 (1) The e-mail message to which a document served by e-mail in accordance with these rules is attached shall include, (a) the sender’s name, address, telephone number and e-mail address; (b) the date and time of transmission; and (c) the name and telephone number of a person to contact in the event of a transmission problem. O. Reg. 170/14, s. 6; O. Reg. 689/20, s. 16 (1, 2). (2) Revoked: O. Reg. 689/20, s. 16 (3).
Service by Mail
 16.06 (1) Where a document is to be served by mail under these rules, a copy of the document shall be served by regular lettermail or by registered mail.  O. Reg. 535/92, s. 6 (1). Effective Date (2) Service of a document by mail, except under subrule 16.03 (4), is effective on the fifth day after the document is mailed but the document may be filed with proof of service before service becomes effective.  R.R.O. 1990, Reg. 194, r. 16.06 (2); O. Reg. 535/92, s. 6 (2). Service by E-mail Required Information 16.06.1 (1) The e-mail message to which a document served by e-mail in accordance with these rules is attached shall include, (a) the sender’s name, address, telephone number and e-mail address; (b) the date and time of transmission; and (c) the name and telephone number of a person to contact in the event of a transmission problem. O. Reg. 170/14, s. 6; O. Reg. 689/20, s. 16 (1, 2). (2) Revoked: O. Reg. 689/20, s. 16 (3).
Service by E-mail
 16.06.1 (1) The e-mail message to which a document served by e-mail in accordance with these rules is attached shall include, (a) the sender’s name, address, telephone number and e-mail address; (b) the date and time of transmission; and (c) the name and telephone number of a person to contact in the event of a transmission problem. O. Reg. 170/14, s. 6; O. Reg. 689/20, s. 16 (1, 2). (2) Revoked: O. Reg. 689/20, s. 16 (3).
Service by Courier
 16.06.2 Service of a document by courier in accordance with these rules is effective on the second day following the day the courier was given the document, or, if the second day is a holiday, on the next day that is not a holiday. O. Reg. 689/20, s. 17.
Where Document Does Not Reach Person Served
 16.07 Even though a person has been served with a document in accordance with these rules, the person may show on a motion to set aside the consequences of default, for an extension of time or in support of a request for an adjournment, that the document, (a) did not come to the person’s notice; or (b) came to the person’s notice only at some time later than when it was served or is deemed to have been served.  R.R.O. 1990, Reg. 194, r. 16.07.
Validating Service
 16.08 Where a document has been served in a manner other than one authorized by these rules or an order, the court may make an order validating the service where the court is satisfied that, (a) the document came to the notice of the person to be served; or (b) the document was served in such a manner that it would have come to the notice of the person to be served, except for the person’s own attempts to evade service.  R.R.O. 1990, Reg. 194, r. 16.08. Proof of Service Affidavit of Service 16.09 (1) Service of a document may be proved by an affidavit of the person who served it (Form 16B).  R.R.O. 1990, Reg. 194, r. 16.09 (1). Lawyer’s Certificate (1.1) A lawyer may prove service of a document by a lawyer’s certificate of service (Form 16B.1) if the lawyer served the document or caused it to be served and is satisfied that service was effected. O. Reg. 520/22, s. 3 (1). Sheriff’s Certificate (2) Personal service or service under subrule 16.03 (5) (service at place of residence) of a document by a sheriff may be proved by a sheriff’s certificate of service (Form 16C).  R.R.O. 1990, Reg. 194, r. 16.09 (2); O. Reg. 520/22, s. 3 (2). Lawyer’s Admission or Acceptance Sufficient Proof (3) Where a lawyer admits or accepts service of a document on behalf of a party, the lawyer’s written admission or acceptance of service is sufficient proof of service and need not be verified by any other proof of service. O. Reg. 520/22, s. 3 (3). Document Exchange (4) Service of a document under clause 16.05 (1) (c) (document exchange) may be proved by the date stamp on the document or a copy of it.  R.R.O. 1990, Reg. 194, r. 16.09 (4). Electronic Document Exchange (4.1) Service of a document under subclause 16.01 (4) (b) (iii) or clause 16.05 (1) (c.1) (electronic document exchange) may be proved by a record of service generated by the electronic document exchange that identifies the document that was served and indicates, (a) the total number of pages served; (b) the name of the person who served the document and, if the person served the document on behalf of a party, the name of the party and the nature of the relationship between the person and the party; (c) the name of the person on whom the document was served; and (d) the date on and time at which the document was served through the electronic document exchange. O. Reg. 170/14, s. 7 (1). Proof of Service on Document (5) The affidavit or certificate of service may be printed on the backsheet or on a stamp or sticker affixed to the backsheet of the document served.  R.R.O. 1990, Reg. 194, r. 16.09 (5). (6) Revoked: O. Reg. 689/20, s. 18. RULE 17  SERVICE OUTSIDE ONTARIO
Proof of Service
 16.09 (1) Service of a document may be proved by an affidavit of the person who served it (Form 16B).  R.R.O. 1990, Reg. 194, r. 16.09 (1). Lawyer’s Certificate (1.1) A lawyer may prove service of a document by a lawyer’s certificate of service (Form 16B.1) if the lawyer served the document or caused it to be served and is satisfied that service was effected. O. Reg. 520/22, s. 3 (1). Sheriff’s Certificate (2) Personal service or service under subrule 16.03 (5) (service at place of residence) of a document by a sheriff may be proved by a sheriff’s certificate of service (Form 16C).  R.R.O. 1990, Reg. 194, r. 16.09 (2); O. Reg. 520/22, s. 3 (2). Lawyer’s Admission or Acceptance Sufficient Proof (3) Where a lawyer admits or accepts service of a document on behalf of a party, the lawyer’s written admission or acceptance of service is sufficient proof of service and need not be verified by any other proof of service. O. Reg. 520/22, s. 3 (3). Document Exchange (4) Service of a document under clause 16.05 (1) (c) (document exchange) may be proved by the date stamp on the document or a copy of it.  R.R.O. 1990, Reg. 194, r. 16.09 (4). Electronic Document Exchange (4.1) Service of a document under subclause 16.01 (4) (b) (iii) or clause 16.05 (1) (c.1) (electronic document exchange) may be proved by a record of service generated by the electronic document exchange that identifies the document that was served and indicates, (a) the total number of pages served; (b) the name of the person who served the document and, if the person served the document on behalf of a party, the name of the party and the nature of the relationship between the person and the party; (c) the name of the person on whom the document was served; and (d) the date on and time at which the document was served through the electronic document exchange. O. Reg. 170/14, s. 7 (1). Proof of Service on Document (5) The affidavit or certificate of service may be printed on the backsheet or on a stamp or sticker affixed to the backsheet of the document served.  R.R.O. 1990, Reg. 194, r. 16.09 (5). (6) Revoked: O. Reg. 689/20, s. 18. RULE 17  SERVICE OUTSIDE ONTARIO
RULE 17 SERVICE OUTSIDE ONTARIO
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Definition
 17.01 In rules 17.02 to 17.06,  “originating process” includes a counterclaim against only parties to the main action, and a crossclaim.  R.R.O. 1990, Reg. 194, r. 17.01.