jswizzle3737/ontario_laws_and_regs huggingface dataset:
Multiple Defendants
 49.11 Where there are two or more defendants, the plaintiff may offer to settle with any defendant and any defendant may offer to settle with the plaintiff, but where the defendants are alleged to be jointly or jointly and severally liable to the plaintiff in respect of a claim and rights of contribution or indemnity may exist between the defendants, the costs consequences prescribed by rule 49.10 do not apply to an offer to settle unless, (a) in the case of an offer made by the plaintiff, the offer is made to all the defendants, and is an offer to settle the claim against all the defendants; or (b) in the case of an offer made to the plaintiff, (i) the offer is an offer to settle the plaintiff’s claim against all the defendants and to pay the costs of any defendant who does not join in making the offer, or (ii) the offer is made by all the defendants and is an offer to settle the claim against all the defendants, and, by the terms of the offer, they are made jointly and severally liable to the plaintiff for the whole amount of the offer.  R.R.O. 1990, Reg. 194, r. 49.11.
Offer to Contribute
 49.12 (1) Where two or more defendants are alleged to be jointly or jointly and severally liable to the plaintiff in respect of a claim, any defendant may serve on any other defendant an offer to contribute (Form 49D) toward a settlement of the claim.  R.R.O. 1990, Reg. 194, r. 49.12 (1); O. Reg. 627/98, s. 5. (2) The court may take an offer to contribute into account in determining whether another defendant should be ordered, (a) to pay the costs of the defendant who made the offer; or (b) to indemnify the defendant who made the offer for any costs that defendant is liable to pay to the plaintiff, or to do both.  R.R.O. 1990, Reg. 194, r. 49.12 (2). (3) Rules 49.04, 49.05, 49.06 and 49.13 apply to an offer to contribute as if it were an offer to settle.  R.R.O. 1990, Reg. 194, r. 49.12 (3).
Discretion of Court
 49.13 Despite rules 49.03, 49.10 and 49.11, the court, in exercising its discretion with respect to costs, may take into account any offer to settle made in writing, the date the offer was made and the terms of the offer.  R.R.O. 1990, Reg. 194, r. 49.13.
Application to Counterclaims, Crossclaims and Third Party Claims
 49.14 Rules 49.01 to 49.13 apply, with necessary modifications, to counterclaims, crossclaims and third party claims.  R.R.O. 1990, Reg. 194, r. 49.14. RULE 50  CONFERENCES
RULE 50 CONFERENCES
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Purpose
 50.01 The purpose of this Rule is to provide an opportunity for any or all of the issues in a proceeding to be settled without a hearing and, with respect to any issues that are not settled, to obtain from the court orders or directions to assist in the just, most expeditious and least expensive disposition of the proceeding, including orders or directions to ensure that any hearing proceeds in an orderly and efficient manner.  O. Reg. 438/08, s. 47.
Pre-Trial Conferences for Actions
 50.02 (1) Unless the court orders otherwise, within 180 days after an action is set down for trial, the parties shall schedule with the registrar a date and time acceptable to all parties and consistent with the requirements of subrule (2.1) to appear before a judge or associate judge for a pre-trial conference. O. Reg. 394/09, s. 22; O. Reg. 170/14, s. 12 (1); O. Reg. 383/21, s. 15; O. Reg. 18/22, s. 3 (1). (2) If the parties do not schedule a pre-trial conference within 180 days after the action is set down for trial, the registrar shall, subject to any previous order, (a) schedule a date and time consistent with the requirements of subrule (2.1) for the parties to appear before a judge or associate judge for a pre-trial conference; and (b) give notice to the parties to appear at the scheduled date and time. O. Reg. 394/09, s. 22; O. Reg. 170/14, s. 12 (2); O. Reg. 383/21, s. 15; O. Reg. 18/22, s. 3 (2). (2.1) Unless otherwise provided by a court order or applicable practice direction, a pre-trial conference shall be scheduled for a date that is not more than 120 days and not less than 30 days before the later of the following dates: 1. The first day fixed for the trial. 2. The first day of the sitting during which the trial is expected to be held. O. Reg. 18/22, s. 3 (3). (3) In addition to the pre-trial conference required to be held under this rule, a judge may at any time, on his or her own initiative or at a party’s request, direct that a pre-trial conference be held before a judge or associate judge. O. Reg. 170/14, s. 12 (3); O. Reg. 383/21, s. 15. (4) This rule, as it read on March 30, 2022, continues to apply to an action that was set down for trial before March 31, 2022. O. Reg. 18/22, s. 3 (3).
Pre-Trial Conferences for Applications
 50.03 In an application, a judge may at any time, on his or her own initiative or at a party’s request, direct that a pre-trial conference be held before a judge or associate judge. O. Reg. 170/14, s. 13; O. Reg. 383/21, s. 15.
Certificate of Readiness to be Filed (Actions)
 50.03.1 (1) At least 30 days before a pre-trial conference in an action, each party shall deliver a certificate of readiness (Form 50A) indicating whether the party intends to call any expert evidence at trial, and, if so, for each expert, (a) whether the report of the expert required by subrule 53.03 (1) or (2), as the case may be, was served on the other parties within the time specified by that subrule; and (b) if the expert’s report was not served on the other parties within the time specified by subrule 53.03 (1) or (2), the reason why. O. Reg. 18/22, s. 4. Application (2) Subrule (1) applies regardless of any extension of the time to file the report. O. Reg. 18/22, s. 4. (3) For greater certainty, if a pre-trial conference is rescheduled, subrule (1) applies with respect to the rescheduled pre-trial conference date. O. Reg. 18/22, s. 4.
Materials to be Filed
 50.04 At least five days before a pre-trial conference, each party shall file with proof of service a pre-trial conference brief containing concise statements, without argument, of the following matters: 1. The nature of the proceeding. 2. The issues raised and the party’s position. 3. In the case of an action, the names of the witnesses that the party is likely to call at the trial and the length of time that the evidence of each of those witnesses is estimated to take. 4. The steps that need to be completed before the action is ready for trial or the application is ready to be heard, and the length of time that it is estimated that the completion of those steps will take.  O. Reg. 438/08, s. 47.
Attendance
 50.05 (1) The lawyers for the parties shall appear at the pre-trial conference and, unless the presiding judge or associate judge orders otherwise, the parties shall also participate. O. Reg. 689/20, s. 32; O. Reg. 383/21, s. 15. Authority to Settle (2) A party who requires another person’s approval before agreeing to a settlement shall, before the pre-trial conference, arrange to have ready telephone access to the other person throughout the conference, whether it takes place during or after regular business hours.  O. Reg. 438/08, s. 47. Duty of Lawyers (3) Every lawyer attending the pre-trial conference shall ensure that he or she has the authority to deal with the matters referred to in rule 50.06 and that he or she is fully acquainted with the facts and legal issues in the proceeding. O. Reg. 170/14, s. 14.
Matters to be Considered
 50.06 The following matters shall be considered at a pre-trial conference: 1. The possibility of settlement of any or all of the issues in the proceeding. 2. Simplification of the issues. 3. The possibility of obtaining admissions that may facilitate the hearing. 4. The question of liability. 5. The amount of damages, if damages are claimed. 6. The estimated duration of the trial or hearing. 7. The advisability of having the court appoint an expert. 8. In the case of an action, the number of expert witnesses and other witnesses that may be called by each party, and dates for the service of any outstanding or supplementary experts’ reports. 9.  Revoked: O. Reg. 18/22, s. 5. 10. The advisability of directing a reference. 11. Any other matter that may assist in the just, most expeditious and least expensive disposition of the proceeding. O. Reg. 438/08, s. 47; O. Reg. 18/22, s. 5.
Powers
 50.07 (1) If the proceeding is not settled at the pre-trial conference, the presiding judge or associate judge may, (a) establish a timetable; (a.1) if necessary, and subject to the direction of the regional senior judge or a judge designated by the regional senior judge, adjourn the date for the trial or hearing; (b) order a case conference under rule 50.13 if it is impractical to establish a timetable; and (c) make such order as the judge or associate judge considers necessary or advisable with respect to the conduct of the proceeding, including any order under subrule 20.05 (1) or (2). O. Reg. 438/08, s. 47; O. Reg. 170/14, s. 15; O. Reg. 383/21, s. 15; O. Reg. 18/22, s. 6. Order Binds Parties (2) An order made under this rule binds the parties unless the judge or officer presiding at the hearing of the proceeding orders otherwise to prevent injustice. O. Reg. 438/08, s. 47. Copy of Order (3) A copy of any order made under this rule shall be placed with the trial or application record. O. Reg. 438/08, s. 47. Pre-Trial Conference Report Requirement 50.08 (1) Following the pre-trial conference, the presiding judge or associate judge shall complete a pre-trial conference report, (a) stating what steps need to be completed before the action is ready for the trial or hearing, and how much time is needed to complete those steps; (b) stating the anticipated length of the trial or hearing; and (c) setting out any other matter relevant to the trial or hearing. O. Reg. 438/08, s. 47; O. Reg. 383/21, s. 15; O. Reg. 18/22, s. 7. Copy of Report (2) A copy of the pre-trial conference report shall be placed with the trial or application record. O. Reg. 438/08, s. 47. Certificate (3) Each party or the party’s lawyer shall certify on the copy of the pre-trial conference report that is to be placed with the trial or application record that he or she understands the contents of the report and acknowledges the obligation to be ready to proceed on the date fixed for the trial or hearing. O. Reg. 438/08, s. 47. Duty of Lawyer (4) Each lawyer who represents a party shall, in addition to giving the certificate described in subrule (3), undertake to the court to advise the party of, (a) the contents of the pre-trial conference report; and (b) the obligation to be ready to proceed on the date fixed for the trial or hearing. O. Reg. 438/08, s. 47.
Pre-Trial Conference Report
 50.08 (1) Following the pre-trial conference, the presiding judge or associate judge shall complete a pre-trial conference report, (a) stating what steps need to be completed before the action is ready for the trial or hearing, and how much time is needed to complete those steps; (b) stating the anticipated length of the trial or hearing; and (c) setting out any other matter relevant to the trial or hearing. O. Reg. 438/08, s. 47; O. Reg. 383/21, s. 15; O. Reg. 18/22, s. 7. Copy of Report (2) A copy of the pre-trial conference report shall be placed with the trial or application record. O. Reg. 438/08, s. 47. Certificate (3) Each party or the party’s lawyer shall certify on the copy of the pre-trial conference report that is to be placed with the trial or application record that he or she understands the contents of the report and acknowledges the obligation to be ready to proceed on the date fixed for the trial or hearing. O. Reg. 438/08, s. 47. Duty of Lawyer (4) Each lawyer who represents a party shall, in addition to giving the certificate described in subrule (3), undertake to the court to advise the party of, (a) the contents of the pre-trial conference report; and (b) the obligation to be ready to proceed on the date fixed for the trial or hearing. O. Reg. 438/08, s. 47.
No Disclosure
 50.09 No communication shall be made to the judge or officer presiding at the hearing of the proceeding or a motion or reference in the proceeding with respect to any statement made at a pre-trial conference, except as disclosed in an order under rule 50.07 or in a pre-trial conference report under rule 50.08.  O. Reg. 438/08, s. 47.
Pre-Trial Judge not to Preside at Hearing
 50.10 (1) A judge who conducts a pre-trial conference shall not preside at the trial of the action or the hearing of the application, except with the written consent of all parties.  O. Reg. 438/08, s. 47. Conference Before Trial Judge (2) Subrule (1) does not prevent a judge before whom a proceeding has been called for hearing from holding a conference either before or during the hearing to consider any matter that may assist in the just, most expeditious and least expensive disposition of the proceeding without disqualifying himself or herself from presiding at the hearing.  O. Reg. 438/08, s. 47.
Documents to be Made Available
 50.11 All documents intended to be used at the trial or hearing that may be of assistance in achieving the purposes of a pre-trial conference, such as any medical reports and reports of experts, shall be provided to the presiding judge or associate judge at the conference.  O. Reg. 438/08, s. 47; O. Reg. 383/21, s. 15.
Costs of Pre-Trial Conference
 50.12 (1) At the pre-trial conference, the presiding judge or associate judge may make an order for costs of the conference, but in the absence of such an order the costs shall be assessed as part of the costs of the proceeding. O. Reg. 438/08, s. 47; O. Reg. 383/21, s. 15. Unproductive Pre-Trial Conference (2) If the judge or associate judge determines that a pre-trial conference over which the judge or associate judge presided was unproductive for reasons relating to a party’s conduct, an order made under subrule (1) may require that the costs be paid immediately. O. Reg. 18/22, s. 8.
Case Conferences
 50.13 (1) A judge may at any time, on his or her own initiative or at a party’s request, direct that a case conference be held before a judge or associate judge. O. Reg. 170/14, s. 16; O. Reg. 383/21, s. 15. Attendance (2) The lawyers for the parties shall appear at the case conference and, unless the judge or associate judge orders otherwise, the parties shall also participate. O. Reg. 689/20, s. 33; O. Reg. 383/21, s. 15. (3) A party who requires another person’s approval before agreeing to a settlement shall, before the case conference, arrange to have ready telephone access to the other person throughout the case conference, whether it takes place during or after regular business hours. O. Reg. 170/14, s. 16. (4) Every lawyer attending the case conference shall ensure that he or she has the authority to deal with the matters referred to in subrule (5) and that he or she is fully acquainted with the facts and legal issues in the proceeding. O. Reg. 170/14, s. 16. Matters to be Dealt With (5) At the case conference, the judge or associate judge may, (a) identify the issues and note those that are contested and those that are not; (b) explore methods to resolve the contested issues; (c) if possible, secure the parties’ agreement on a specific schedule of events in the proceeding; (d) establish a timetable for the proceeding; and (e) review and, if necessary, amend an existing timetable. O. Reg. 170/14, s. 16; O. Reg. 383/21, s. 15. Powers (6) At the case conference, the judge or associate judge may, if notice has been given and it is appropriate to do so or on consent of the parties, (a) make a procedural order; (b) convene a pre-trial conference; (c) give directions; and (d) in the case of a judge, (i) make an order for interlocutory relief, or (ii) convene a hearing. O. Reg. 170/14, s. 16; O. Reg. 383/21, s. 15. RULE 51  ADMISSIONS
RULE 51 ADMISSIONS
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Interpretation
 51.01 In rules 51.02 to 51.06, “authenticity” includes the fact that, (a) a document that is said to be an original was printed, written, signed or executed as it purports to have been, (b) a document that is said to be a copy is a true copy of the original, and (c) where the document is a copy of a letter or e-mail or other telecommunication, the original was sent as it purports to have been sent and received by the person to whom it is addressed.  R.R.O. 1990, Reg. 194, r. 51.01; O. Reg. 689/20, s. 34.
Request to Admit Fact or Document
 51.02 (1) A party may at any time, by serving a request to admit (Form 51A), request any other party to admit, for the purposes of the proceeding only, the truth of a fact or the authenticity of a document.  R.R.O. 1990, Reg. 194, r. 51.02 (1). (2) A copy of any document mentioned in the request to admit shall, where practicable, be served with the request, unless a copy is already in the possession of the other party.  R.R.O. 1990, Reg. 194, r. 51.02 (2). Effect of Request to Admit Response Required Within Twenty Days 51.03 (1) A party on whom a request to admit is served shall respond to it within twenty days after it is served by serving on the requesting party a response to request to admit (Form 51B).  R.R.O. 1990, Reg. 194, r. 51.03 (1). Deemed Admission Where No Response (2) Where the party on whom the request is served fails to serve a response as required by subrule (1), the party shall be deemed, for the purposes of the proceeding only, to admit the truth of the facts or the authenticity of the documents mentioned in the request to admit.  R.R.O. 1990, Reg. 194, r. 51.03 (2). Deemed Admission Unless Response Contains Denial or Reason for Refusal to Admit (3) A party shall also be deemed, for the purposes of the proceeding only, to admit the truth of the facts or the authenticity of the documents mentioned in the request, unless the party’s response, (a) specifically denies the truth of a fact or the authenticity of a document mentioned in the request; or (b) refuses to admit the truth of a fact or the authenticity of a document and sets out the reason for the refusal.  R.R.O. 1990, Reg. 194, r. 51.03 (3).
Effect of Request to Admit
 51.03 (1) A party on whom a request to admit is served shall respond to it within twenty days after it is served by serving on the requesting party a response to request to admit (Form 51B).  R.R.O. 1990, Reg. 194, r. 51.03 (1). Deemed Admission Where No Response (2) Where the party on whom the request is served fails to serve a response as required by subrule (1), the party shall be deemed, for the purposes of the proceeding only, to admit the truth of the facts or the authenticity of the documents mentioned in the request to admit.  R.R.O. 1990, Reg. 194, r. 51.03 (2). Deemed Admission Unless Response Contains Denial or Reason for Refusal to Admit (3) A party shall also be deemed, for the purposes of the proceeding only, to admit the truth of the facts or the authenticity of the documents mentioned in the request, unless the party’s response, (a) specifically denies the truth of a fact or the authenticity of a document mentioned in the request; or (b) refuses to admit the truth of a fact or the authenticity of a document and sets out the reason for the refusal.  R.R.O. 1990, Reg. 194, r. 51.03 (3).
Costs on Refusal to Admit
 51.04 Where a party denies or refuses to admit the truth of a fact or the authenticity of a document after receiving a request to admit, and the fact or document is subsequently proved at the hearing, the court may take the denial or refusal into account in exercising its discretion respecting costs.  R.R.O. 1990, Reg. 194, r. 51.04; O. Reg. 259/14, s. 9.
Withdrawal of Admission
 51.05 An admission made in response to a request to admit, a deemed admission under rule 51.03 or an admission in a pleading may be withdrawn on consent or with leave of the court.  R.R.O. 1990, Reg. 194, r. 51.05. Order Based on Admission of Fact or Document Motion 51.06 (1) Where an admission of the truth of a fact or the authenticity of a document is made, (a) in an affidavit filed by a party; (b) in the examination for discovery of a party or a person examined for discovery on behalf of a party; or (c) by a party on any other examination under oath or affirmation in or out of court, any party may make a motion to a judge in the same or another proceeding for such order as the party may be entitled to on the admission without waiting for the determination of any other question between the parties, and the judge may make such order as is just.  R.R.O. 1990, Reg. 194, r. 51.06 (1). (2) Where an admission of the truth of a fact or the authenticity of a document is made by a party in a pleading or is made or deemed to be made by a party in response to a request to admit, any party may make a motion in the same proceeding to a judge for such order as the party may be entitled to on the admission without waiting for the determination of any question between the parties, and the judge may make such order as is just.  R.R.O. 1990, Reg. 194, r. 51.06 (2). Exception: Deemed Undertaking (3) If Rule 30.1 applies to the admission, its use in another proceeding is subject to Rule 30.1 (deemed undertaking).  O. Reg. 61/96, s. 3. TRIALS RULE 52  TRIAL PROCEDURE
Order Based on Admission of Fact or Document
 51.06 (1) Where an admission of the truth of a fact or the authenticity of a document is made, (a) in an affidavit filed by a party; (b) in the examination for discovery of a party or a person examined for discovery on behalf of a party; or (c) by a party on any other examination under oath or affirmation in or out of court, any party may make a motion to a judge in the same or another proceeding for such order as the party may be entitled to on the admission without waiting for the determination of any other question between the parties, and the judge may make such order as is just.  R.R.O. 1990, Reg. 194, r. 51.06 (1). (2) Where an admission of the truth of a fact or the authenticity of a document is made by a party in a pleading or is made or deemed to be made by a party in response to a request to admit, any party may make a motion in the same proceeding to a judge for such order as the party may be entitled to on the admission without waiting for the determination of any question between the parties, and the judge may make such order as is just.  R.R.O. 1990, Reg. 194, r. 51.06 (2). Exception: Deemed Undertaking (3) If Rule 30.1 applies to the admission, its use in another proceeding is subject to Rule 30.1 (deemed undertaking).  O. Reg. 61/96, s. 3. TRIALS RULE 52  TRIAL PROCEDURE
TRIALS
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RULE 52 TRIAL PROCEDURE
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Failure to Attend at Trial
 52.01 (1) Where an action is called for trial and all the parties fail to attend, the trial judge may strike the action off the trial list.  R.R.O. 1990, Reg. 194, r. 52.01 (1). (2) Where an action is called for trial and a party fails to attend, the trial judge may, (a) proceed with the trial in the absence of the party; (b) where the plaintiff attends and the defendant fails to attend, dismiss the counterclaim, if any, and allow the plaintiff to prove the claim; (c) where the defendant attends and the plaintiff fails to attend, dismiss the action and allow the defendant to prove the counterclaim, if any; or (d) make such other order as is just.  R.R.O. 1990, Reg. 194, r. 52.01 (2). (3) A judge may set aside or vary, on such terms as are just, a judgment obtained against a party who failed to attend at the trial.  R.R.O. 1990, Reg. 194, r. 52.01 (3).
Exhibits
 52.04 (1) Exhibits shall be marked and numbered consecutively, and the registrar attending the trial shall make a list of the exhibits, giving a description of each exhibit, and stating by whom it was put in evidence and, where the person who produced it is not a party or a party’s lawyer, the name of that person.  R.R.O. 1990, Reg. 194, r. 52.04 (1); O. Reg. 575/07, s. 1. Return of Exhibits (2) At any time following the trial judgment, on requisition by the lawyer or party who put an exhibit in evidence or the person who produced it and on the filing of the consent of all parties represented at the trial, the registrar may return the exhibit to the person making the requisition.  R.R.O. 1990, Reg. 194, r. 52.04 (2); O. Reg. 575/07, s. 1. (3) Subject to subrule (2), the exhibits shall remain in the possession of the registrar or the registrar of the court to which an appeal is taken, (a) until the time for an appeal has expired; or (b) where an appeal has been taken, until it has been disposed of.  R.R.O. 1990, Reg. 194, r. 52.04 (3). (4) On the expiration of the time for appeal or on the disposition of the appeal, the registrar on his or her own initiative shall return the exhibits to the respective lawyers or parties who put the exhibits in evidence at the trial.  R.R.O. 1990, Reg. 194, r. 52.04 (4); O. Reg. 575/07, s. 2.
View by Judge or Jury
 52.05 The judge or judge and jury by whom an action is being tried or the court before whom an appeal is being heard may, in the presence of the parties or their lawyers, inspect any property concerning which any question arises in the action, or the place where the cause of action arose.  R.R.O. 1990, Reg. 194, r. 52.05; O. Reg. 575/07, s. 4. Exclusion of Witnesses Order for Exclusion 52.06 (1) The trial judge may, at the request of any party, order that a witness be excluded from the courtroom until called to give evidence, subject to subrule (2).  R.R.O. 1990, Reg. 194, r. 52.06 (1). Order not to Apply to Party or Witness Instructing Lawyer (2) An order under subrule (1) may not be made in respect of a party to the action or a witness whose presence is essential to instruct the lawyer for the party calling the witness, but the trial judge may require any such party or witness to give evidence before any other witnesses are called to give evidence on behalf of that party.  R.R.O. 1990, Reg. 194, r. 52.06 (2); O. Reg. 575/07, s. 3; O. Reg. 248/21, s. 7. No Communication with Excluded Witnesses (3) Where an order is made excluding a witness from the courtroom, there shall be no communication to the witness of any evidence given during his or her absence from the courtroom, except with leave of the trial judge, until after the witness has been called and has given evidence.  R.R.O. 1990, Reg. 194, r. 52.06 (3). Exclusion of Persons Interfering with Trial (4) Nothing in this rule prevents the trial judge from excluding from the courtroom any person who is interfering with the proper conduct of the trial.  R.R.O. 1990, Reg. 194, r. 52.06 (4).
Exclusion of Witnesses
 52.06 (1) The trial judge may, at the request of any party, order that a witness be excluded from the courtroom until called to give evidence, subject to subrule (2).  R.R.O. 1990, Reg. 194, r. 52.06 (1). Order not to Apply to Party or Witness Instructing Lawyer (2) An order under subrule (1) may not be made in respect of a party to the action or a witness whose presence is essential to instruct the lawyer for the party calling the witness, but the trial judge may require any such party or witness to give evidence before any other witnesses are called to give evidence on behalf of that party.  R.R.O. 1990, Reg. 194, r. 52.06 (2); O. Reg. 575/07, s. 3; O. Reg. 248/21, s. 7. No Communication with Excluded Witnesses (3) Where an order is made excluding a witness from the courtroom, there shall be no communication to the witness of any evidence given during his or her absence from the courtroom, except with leave of the trial judge, until after the witness has been called and has given evidence.  R.R.O. 1990, Reg. 194, r. 52.06 (3). Exclusion of Persons Interfering with Trial (4) Nothing in this rule prevents the trial judge from excluding from the courtroom any person who is interfering with the proper conduct of the trial.  R.R.O. 1990, Reg. 194, r. 52.06 (4).
Order of Presentation in Jury Trials
 52.07 (1) On the trial of an action with a jury, the order of presentation shall be regulated as follows, unless the trial judge directs otherwise: 1. The plaintiff may make an opening address and, subject to paragraph 2, shall then adduce evidence. 2. A defendant may, with leave of the trial judge, make an opening address immediately after the opening address of the plaintiff, and before the plaintiff adduces any evidence. 3. When the plaintiff’s evidence is concluded, the defendant may make an opening address, unless he or she has already done so, and shall then adduce evidence. 4. When the defendant’s evidence is concluded, the plaintiff may adduce any proper reply evidence and the defendant shall then make a closing address, followed by the closing address of the plaintiff. 5. Where a defendant adduces no evidence after the conclusion of the plaintiff’s evidence, the plaintiff shall make a closing address, followed by the closing address of the defendant.  R.R.O. 1990, Reg. 194, r. 52.07 (1). (2) Where the burden of proof in respect of all matters in issue in the action lies on the defendant, the trial judge may reverse the order of presentation.  R.R.O. 1990, Reg. 194, r. 52.07 (2). (3) Where there are two or more defendants separately represented, the order of presentation shall be as directed by the trial judge.  R.R.O. 1990, Reg. 194, r. 52.07 (3); O. Reg. 575/07, s. 25 (1). (4) Where a party is represented by a lawyer, the right to address the jury shall be exercised by the lawyer.  O. Reg. 575/07, s. 25 (2).
Disagreement of the Jury
 52.08 (1) Where the jury, (a) disagrees; (b) makes no finding on which judgment can be granted; or (c) answers some but not all of the questions directed to it or gives conflicting answers, so that judgment cannot be granted on its findings, the trial judge may direct that the action be retried with another jury at the same or any subsequent sitting, but where there is no evidence on which a judgment for the plaintiff could be based or where for any other reason the plaintiff is not entitled to judgment, the judge shall dismiss the action.  R.R.O. 1990, Reg. 194, r. 52.08 (1). (2) Where the answers given by a jury are sufficient to entitle a party to judgment on some but not all of the claims in the action, the judge may grant judgment on the claims in respect of which the answers are sufficient, and subrule (1) applies to the remaining claims.  R.R.O. 1990, Reg. 194, r. 52.08 (2).
Recording Jury Verdict
 52.09 The verdict of a jury shall be endorsed on the trial record or on a separate document in accordance with subrule 59.02 (2), with necessary modifications. O. Reg. 689/20, s. 35.
Compelling Attendance at Trial
 53.04 (1) A party who requires the attendance of a person in Ontario as a witness at a trial may serve the person with a summons to witness (Form 53A) requiring him or her to attend the trial at the time and place stated in the summons, and the summons may also require the person to produce at the trial the documents or other things in his or her possession, control or power relating to the matters in question in the action that are specified in the summons.  R.R.O. 1990, Reg. 194, r. 53.04 (1). Summons may be Issued in Blank (2) On the request of a party or a lawyer and on payment of the prescribed fee, a registrar shall sign, seal and issue a blank summons to witness and the party or lawyer may complete the summons and insert the names of any number of witnesses.  R.R.O. 1990, Reg. 194, r. 53.04 (2); O. Reg. 575/07, s. 1. Where Document may be Proved by Certified Copy (3) No summons to witness for the production of an original record or document that may be proved by a certified copy shall be served without leave of the court.  R.R.O. 1990, Reg. 194, r. 53.04 (3). Summons to be Served Personally (4) A summons to witness shall be served on the witness personally and not by an alternative to personal service and, at the same time, attendance money calculated in accordance with Tariff A shall be paid or tendered to the witness.  R.R.O. 1990, Reg. 194, r. 53.04 (4). (5) Service of a summons to witness and the payment or tender of attendance money may be proved by affidavit.  R.R.O. 1990, Reg. 194, r. 53.04 (5). Summons in Effect until Attendance No Longer Required (6) A summons to witness continues to have effect until the attendance of the witness is no longer required.  R.R.O. 1990, Reg. 194, r. 53.04 (6). Sanctions for Failure to Obey Summons (7) Where a witness whose evidence is material to an action is served with a summons to witness and the proper attendance money is paid or tendered to him or her, and the witness fails to attend at the trial or to remain in attendance in accordance with the requirements of the summons, the presiding judge may by a warrant for arrest (Form 53B) cause the witness to be apprehended anywhere within Ontario and forthwith brought before the court.  R.R.O. 1990, Reg. 194, r. 53.04 (7). (8) On being apprehended, the witness may be detained in custody until his or her presence is no longer required, or released on such terms as are just, and the witness may be ordered to pay the costs arising out of the failure to attend or remain in attendance.  R.R.O. 1990, Reg. 194, r. 53.04 (8).
Interprovincial Subpoena
 53.05 A summons to a witness outside Ontario to compel his or her attendance under the Interprovincial Summonses Act shall be in Form 53C.  R.R.O. 1990, Reg. 194, r. 53.05.
Compelling Attendance of Witness in Custody
 53.06 The court may make an order (Form 53D) for attendance of a witness in custody whose evidence is material to an action, directing the officer having custody of a prisoner to produce him or her, on payment of the fee prescribed under the Administration of Justice Act, for an examination authorized by these rules or as a witness at a hearing.  R.R.O. 1990, Reg. 194, r. 53.06. Calling Adverse Party as Witness Persons to Whom Rule Applies 53.07 (1) Subrules (2) to (7) apply in respect of the following persons: 1. An adverse party. 2. An officer, director, employee or sole proprietor of an adverse party. 3. A partner of a partnership that is an adverse party.  O. Reg. 536/96, s. 4. Securing Attendance (2) A party may secure the attendance of a person referred to in subrule (1) as a witness at a trial, (a) by serving the person with a summons to witness, or by serving on the adverse party or the lawyer for the adverse party, at least 10 days before the commencement of the trial, a notice of intention to call the person as a witness; and (b) by paying or tendering attendance money calculated in accordance with Tariff A at the same time.  O. Reg. 536/96, s. 4; O. Reg. 575/07, s. 1. (3) If a person referred to in subrule (1) is in attendance at the trial, it is unnecessary to serve the person with a summons or to pay attendance money to call the person as a witness.  O. Reg. 536/96, s. 4. When Adverse Party may be Called (4) A party may call a person referred to in subrule (1) as a witness unless, (a) the person has already testified; or (b) the adverse party or the adverse party’s lawyer undertakes to call the person as a witness.  O. Reg. 536/96, s. 4; O. Reg. 575/07, s. 4. Cross-examination (5) A person referred to in subrule (1) may be cross-examined by the party who called him or her as a witness and by any other party who is adverse in interest to that person.  O. Reg. 536/96, s. 4. Re-examination (6) After a cross-examination under subrule (5), the person may be re-examined by any party who is not entitled to cross-examine under that subrule.  O. Reg. 536/96, s. 4. Failure to Testify (7) The court may grant judgment in favour of the party calling the witness, adjourn the trial or make such other order as is just where a person required to testify under this rule, (a) refuses or neglects to attend at the trial or to remain in attendance at the trial; (b) refuses to be sworn; or (c) refuses to answer any proper question put to him or her or to produce any document or other thing that he or she is required to produce.  O. Reg. 536/96, s. 4.
Calling Adverse Party as Witness
 53.07 (1) Subrules (2) to (7) apply in respect of the following persons: 1. An adverse party. 2. An officer, director, employee or sole proprietor of an adverse party. 3. A partner of a partnership that is an adverse party.  O. Reg. 536/96, s. 4. Securing Attendance (2) A party may secure the attendance of a person referred to in subrule (1) as a witness at a trial, (a) by serving the person with a summons to witness, or by serving on the adverse party or the lawyer for the adverse party, at least 10 days before the commencement of the trial, a notice of intention to call the person as a witness; and (b) by paying or tendering attendance money calculated in accordance with Tariff A at the same time.  O. Reg. 536/96, s. 4; O. Reg. 575/07, s. 1. (3) If a person referred to in subrule (1) is in attendance at the trial, it is unnecessary to serve the person with a summons or to pay attendance money to call the person as a witness.  O. Reg. 536/96, s. 4. When Adverse Party may be Called (4) A party may call a person referred to in subrule (1) as a witness unless, (a) the person has already testified; or (b) the adverse party or the adverse party’s lawyer undertakes to call the person as a witness.  O. Reg. 536/96, s. 4; O. Reg. 575/07, s. 4. Cross-examination (5) A person referred to in subrule (1) may be cross-examined by the party who called him or her as a witness and by any other party who is adverse in interest to that person.  O. Reg. 536/96, s. 4. Re-examination (6) After a cross-examination under subrule (5), the person may be re-examined by any party who is not entitled to cross-examine under that subrule.  O. Reg. 536/96, s. 4. Failure to Testify (7) The court may grant judgment in favour of the party calling the witness, adjourn the trial or make such other order as is just where a person required to testify under this rule, (a) refuses or neglects to attend at the trial or to remain in attendance at the trial; (b) refuses to be sworn; or (c) refuses to answer any proper question put to him or her or to produce any document or other thing that he or she is required to produce.  O. Reg. 536/96, s. 4.
Calculation of Awards for Future Pecuniary Damages
 53.09 (1) The discount rate to be used in determining the amount of an award in respect of future pecuniary damages, to the extent that it reflects the difference between estimated investment and price inflation rates, is, (a) for the 15-year period that follows the start of the trial, the greater of, (i) the average of the value for the last Wednesday in each month of the real rate of interest on long-term Government of Canada real return bonds (Series V121808, formerly Series B113911), as published in the Bank of Canada’s Weekly Financial Statistics
for the period starting on March 1 and ending on August 31 in the year before the year in which the trial begins, less ½ per cent and rounded to the nearest 1/10 per cent, and (ii) zero; and (b) for any later period covered by the award, 2.5 per cent per year for each year in that period.  O. Reg. 488/99, s. 2; O. Reg. 263/03, s. 4 (1); O. Reg. 231/13, s. 9 (1). Gross Up (2) In calculating the amount to be included in the award to offset any liability for income tax on income from investment of the award, the court shall, (a) assume that the entire award will be invested in fixed income securities; and (b) determine the rate to be assumed for future inflation in accordance with the following formula: g rounded to the nearest 1/10 per cent where, g = (1 + i) / (1 + d) – 1 “i” is the average of the value for the last Wednesday in each month of the nominal rate of interest on long-term Government of Canada bonds (Series V121758, formerly Series B113867), as published in the Bank of Canada’s Weekly Financial Statistics
for the period starting on March 1 and ending on August 31 in the year before the year in which the trial begins; “d” is, (a) for the 15-year period that follows the start of the trial, the greater of, (i) the average of the value for the last Wednesday in each month of the real rate of interest on long-term Government of Canada real return bonds (Series V121808, formerly Series B113911), as published in the Bank of Canada’s Weekly Financial Statistics for the period starting on March 1 and ending on August 31 in the year before the year in which the trial begins, less ½ per cent, and (ii) zero, and (b) for any later period covered by the award, 2.5 per cent per year for each year in that period. O. Reg. 488/99, s. 2; O. Reg. 263/03, s. 4 (2); O. Reg. 231/13, s. 9 (2). Transition (3) This rule, as it read on December 31, 2013, continues to apply with respect to actions in which the trial commenced before January 1, 2014. O. Reg. 231/13, s. 9 (3).
Prejudgment Interest Rate for Non-Pecuniary Damages
 53.10 The prejudgment interest rate on damages for non-pecuniary loss in an action for personal injury is 5 per cent per year.  R.R.O. 1990, Reg. 194, r. 53.10. REFERENCES RULE 54  DIRECTING A REFERENCE
REFERENCES
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RULE 54 DIRECTING A REFERENCE
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Application of Rules 54 and 55
 54.01 Rules 54 and 55 apply to references directed, (a) under rule 54.02 or any other rule; and (b) under a statute, subject to the provisions of the statute.  R.R.O. 1990, Reg. 194, r. 54.01. Where Reference may be Directed Reference of Whole Proceeding or Issue 54.02 (1) Subject to any right to have an issue tried by a jury, a judge may at any time in a proceeding direct a reference of the whole proceeding or a reference to determine an issue where, (a) all affected parties consent; (b) a prolonged examination of documents or an investigation is required that, in the opinion of the judge, cannot conveniently be made at trial; or (c) a substantial issue in dispute requires the taking of accounts.  R.R.O. 1990, Reg. 194, r. 54.02 (1). Reference of Issue (2) Subject to any right to have an issue tried by a jury, a judge may at any time in a proceeding direct a reference to determine an issue relating to, (a) the taking of accounts; (b) the conduct of a sale; (c) the appointment by the court of a guardian or receiver, or the appointment by a person of an attorney under a power of attorney; (d) the conduct of a guardianship or receivership or the exercise of the authority of an attorney acting under a power of attorney; or (e) the enforcement of an order.  R.R.O. 1990, Reg. 194, r. 54.02 (2); O. Reg. 69/95, s. 7. To Whom Reference may be Directed Judge or Officer 54.03 (1) A reference may be directed to the referring judge, to another judge with that judge’s consent, to a registrar or other officer of the court or to a person agreed on by the parties.  O. Reg. 570/98, s. 4. Person Agreed on by Parties (2) Where a reference is directed to a person agreed on by the parties, the person is, for the purposes of the reference, an officer of the court directing the reference.  R.R.O. 1990, Reg. 194, r. 54.03 (2). (3) The judge directing a reference to a person agreed on by the parties may, (a) determine his or her remuneration and the liability of the parties for its payment; (b) refer that issue to the person to whom the reference is directed; or (c) reserve that issue until the report on the reference is confirmed.  R.R.O. 1990, Reg. 194, r. 54.03 (3).
Where Reference may be Directed
 54.02 (1) Subject to any right to have an issue tried by a jury, a judge may at any time in a proceeding direct a reference of the whole proceeding or a reference to determine an issue where, (a) all affected parties consent; (b) a prolonged examination of documents or an investigation is required that, in the opinion of the judge, cannot conveniently be made at trial; or (c) a substantial issue in dispute requires the taking of accounts.  R.R.O. 1990, Reg. 194, r. 54.02 (1). Reference of Issue (2) Subject to any right to have an issue tried by a jury, a judge may at any time in a proceeding direct a reference to determine an issue relating to, (a) the taking of accounts; (b) the conduct of a sale; (c) the appointment by the court of a guardian or receiver, or the appointment by a person of an attorney under a power of attorney; (d) the conduct of a guardianship or receivership or the exercise of the authority of an attorney acting under a power of attorney; or (e) the enforcement of an order.  R.R.O. 1990, Reg. 194, r. 54.02 (2); O. Reg. 69/95, s. 7. To Whom Reference may be Directed Judge or Officer 54.03 (1) A reference may be directed to the referring judge, to another judge with that judge’s consent, to a registrar or other officer of the court or to a person agreed on by the parties.  O. Reg. 570/98, s. 4. Person Agreed on by Parties (2) Where a reference is directed to a person agreed on by the parties, the person is, for the purposes of the reference, an officer of the court directing the reference.  R.R.O. 1990, Reg. 194, r. 54.03 (2). (3) The judge directing a reference to a person agreed on by the parties may, (a) determine his or her remuneration and the liability of the parties for its payment; (b) refer that issue to the person to whom the reference is directed; or (c) reserve that issue until the report on the reference is confirmed.  R.R.O. 1990, Reg. 194, r. 54.03 (3).
To Whom Reference may be Directed
 54.03 (1) A reference may be directed to the referring judge, to another judge with that judge’s consent, to a registrar or other officer of the court or to a person agreed on by the parties.  O. Reg. 570/98, s. 4. Person Agreed on by Parties (2) Where a reference is directed to a person agreed on by the parties, the person is, for the purposes of the reference, an officer of the court directing the reference.  R.R.O. 1990, Reg. 194, r. 54.03 (2). (3) The judge directing a reference to a person agreed on by the parties may, (a) determine his or her remuneration and the liability of the parties for its payment; (b) refer that issue to the person to whom the reference is directed; or (c) reserve that issue until the report on the reference is confirmed.  R.R.O. 1990, Reg. 194, r. 54.03 (3).
Order Directing a Reference
 54.04 (1) An order directing a reference shall specify the nature and subject matter of the reference and who is to conduct it and may, (a) direct in general terms that all necessary inquiries be made, accounts taken and costs assessed; (b) contain directions for the conduct of the reference; and (c) designate which party is to have carriage of the reference.  R.R.O. 1990, Reg. 194, r. 54.04 (1). (2) An order of an associate judge or registrar directing a reference shall not require a report back, and the report or an interim report on the reference shall be confirmed under rule 54.09 (confirmation by passage of time).  R.R.O. 1990, Reg. 194, r. 54.04 (2); O. Reg. 711/20, s. 7; O. Reg. 383/21, s. 15. (3) A referee has, subject to the order directing the reference, all the powers these rules give to a referee.  R.R.O. 1990, Reg. 194, r. 54.04 (3).
Motions on a Reference
 54.05 (1) A referee shall hear and dispose of any motion made in connection with the reference, but in the absence of or with the consent of the referee, a motion may be heard and disposed of by a judge or associate judge.  R.R.O. 1990, Reg. 194, r. 54.05 (1); O. Reg. 219/91, s. 7; O. Reg. 711/20, s. 7; O. Reg. 383/21, s. 15. (2) Rule 37.03 (where motions to be brought) does not apply to a motion made in connection with a reference and heard by the referee.  R.R.O. 1990, Reg. 194, r. 54.05 (2); O. Reg. 689/20, s. 36. (3) Where a referee has made an order on a motion in the reference, a person who is affected by the order may make a motion to a judge to set aside or vary the order by a notice of motion served within seven days after the order is made and naming the first available hearing date that is at least three days after service of the notice of motion.  R.R.O. 1990, Reg. 194, r. 54.05 (3).
Report on Reference
 54.06 A referee shall make a report that contains his or her findings and conclusions.  R.R.O. 1990, Reg. 194, r. 54.06.
Report must be Confirmed
 54.07 (1) A report has no effect until it has been confirmed.  R.R.O. 1990, Reg. 194, r. 54.07. (2) A report shall be entered immediately after it has been confirmed and rule 59.05 (entry of order) applies, with necessary modifications.  O. Reg. 396/91, s. 9.