jswizzle3737/ontario_laws_and_regs huggingface dataset:
GENERAL MATTERS
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RULE 1 CITATION, APPLICATION AND INTERPRETATION
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Citation
 1.01 (1) These rules may be cited as the Rules of Civil Procedure.  O. Reg. 575/07, s. 6 (1). Subdivision (2) In these rules, (a) all the provisions identified by the same number to the left of the decimal point comprise a Rule (for example, Rule 1, which consists of rules 1.01 to 1.09); (b) a provision identified by a number with a decimal point is a rule (for example, rule 1.01); and (c) a rule may be subdivided into, (i) subrules (for example, subrule 1.01 (2)), (ii) clauses (for example, clause 1.01 (2) (c) or 2.02 (a)), (iii) subclauses (for example, subclause 1.01 (2) (c) (iii) or 7.01 (c) (i)), (iv) paragraphs (for example, paragraph 1 of subrule 52.07 (1)), and (v) definitions (for example, the definition of “action” in rule 1.03).  R.R.O. 1990, Reg. 194, r. 1.01 (2); O. Reg. 284/01, s. 1; O. Reg. 575/07, s. 6 (2). Alternative Method of Referring to Rules (3) In a proceeding in a court, it is sufficient to refer to a rule or subdivision of a rule as “rule” followed by the number of the rule, subrule, clause, subclause or paragraph (for example, rule 1.01, rule 1.01 (2), rule 1.01 (2) (c), rule 1.01 (2) (c) (iii) or rule 52.07 (1) 1).  R.R.O. 1990, Reg. 194, r. 1.01 (3). Application of Rules Court of Appeal and Superior Court of Justice 1.02 (1) These rules apply to all civil proceedings in the Court of Appeal and in the Superior Court of Justice, subject to the following exceptions: 1. They do not apply to proceedings in the Small Claims Court, which are governed by Ontario Regulation 258/98 (Rules of the Small Claims Court). 2. They do not apply to proceedings governed by Ontario Regulation 114/99 (Family Law Rules), except as provided in those rules. 3. They do not apply if a statute provides for a different procedure.  R.R.O. 1990, Reg. 194, r. 1.02 (1); O. Reg. 484/94, s. 1; O. Reg. 288/99, s. 1 (1, 2); O. Reg. 292/99, s. 1 (1, 2); O. Reg. 131/04, s. 1 (1, 2); O. Reg. 394/09, s. 1. Combined Proceeding in Family Court of Superior Court of Justice (1.1) Where a proceeding combines a matter to which the Family Law Rules apply with a matter to which these rules would ordinarily apply, the parties may agree, or the court on motion may order, that the Family Law Rules apply to the combined proceeding or part of it.  O. Reg. 131/04, s. 1 (3). (2)-(4) Revoked:  O. Reg. 504/00, s. 1.
Application of Rules
 1.02 (1) These rules apply to all civil proceedings in the Court of Appeal and in the Superior Court of Justice, subject to the following exceptions: 1. They do not apply to proceedings in the Small Claims Court, which are governed by Ontario Regulation 258/98 (Rules of the Small Claims Court). 2. They do not apply to proceedings governed by Ontario Regulation 114/99 (Family Law Rules), except as provided in those rules. 3. They do not apply if a statute provides for a different procedure.  R.R.O. 1990, Reg. 194, r. 1.02 (1); O. Reg. 484/94, s. 1; O. Reg. 288/99, s. 1 (1, 2); O. Reg. 292/99, s. 1 (1, 2); O. Reg. 131/04, s. 1 (1, 2); O. Reg. 394/09, s. 1. Combined Proceeding in Family Court of Superior Court of Justice (1.1) Where a proceeding combines a matter to which the Family Law Rules apply with a matter to which these rules would ordinarily apply, the parties may agree, or the court on motion may order, that the Family Law Rules apply to the combined proceeding or part of it.  O. Reg. 131/04, s. 1 (3). (2)-(4) Revoked:  O. Reg. 504/00, s. 1.
Interpretation
 1.04 (1) These rules shall be liberally construed to secure the just, most expeditious and least expensive determination of every civil proceeding on its merits.  R.R.O. 1990, Reg. 194, r. 1.04 (1). Proportionality (1.1) In applying these rules, the court shall make orders and give directions that are proportionate to the importance and complexity of the issues, and to the amount involved, in the proceeding.  O. Reg. 438/08, s. 2. Matters Not Provided For (2) Where matters are not provided for in these rules, the practice shall be determined by analogy to them.  R.R.O. 1990, Reg. 194, r. 1.04 (2). (3) Revoked: O. Reg. 231/13, s. 2. “Party and Party” Costs (4) If a statute, regulation or other document refers to party and party costs, these rules apply as if the reference were to partial indemnity costs.  O. Reg. 284/01, s. 3. “Solicitor and Client” Costs (5) If a statute, regulation or other document refers to solicitor and client costs, these rules apply as if the reference were to substantial indemnity costs.  O. Reg. 284/01, s. 3.
Communications out of Court
 1.09 When a proceeding is pending before the court, no party to the proceeding and no party’s lawyer shall communicate about the proceeding with a judge or associate judge out of court, directly or indirectly, unless, (a) all the parties consent, in advance, to the out-of-court communication; or (b) the court directs otherwise.  O. Reg. 132/04, s. 2; O. Reg. 438/08, s. 66; O. Reg. 711/20, s. 2; O. Reg. 383/21, s. 15. RULE 2  NON-COMPLIANCE WITH THE RULES
Effect of Non-Compliance
 2.01 (1) A failure to comply with these rules is an irregularity and does not render a proceeding or a step, document or order in a proceeding a nullity, and the court, (a) may grant all necessary amendments or other relief, on such terms as are just, to secure the just determination of the real matters in dispute; or (b) only where and as necessary in the interest of justice, may set aside the proceeding or a step, document or order in the proceeding in whole or in part.  R.R.O. 1990, Reg. 194, r. 2.01 (1). (2) The court shall not set aside an originating process on the ground that the proceeding should have been commenced by an originating process other than the one employed.  R.R.O. 1990, Reg. 194, r. 2.01 (2).
Attacking Irregularity
 2.02 A motion to attack a proceeding or a step, document or order in a proceeding for irregularity shall not be made, except with leave of the court, (a) after the expiry of a reasonable time after the moving party knows or ought reasonably to have known of the irregularity; or (b) if the moving party has taken any further step in the proceeding after obtaining knowledge of the irregularity.  R.R.O. 1990, Reg. 194, r. 2.02.
RULE 2.1 GENERAL POWERS TO STAY OR DISMISS IF VEXATIOUS, ETC.
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Stay, Dismissal of Frivolous, Vexatious, Abusive Motion
 2.1.02 (1) The court may, on its own initiative, stay or dismiss a motion if the motion appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court. O. Reg. 43/14, s. 1. (2) Subrules 2.1.01 (2) to (7) apply, with necessary modifications, to the making of an order under subrule (1) and, for the purpose, (a) a reference to the proceeding shall be read as a reference to the motion; and (b) a reference to the plaintiff or applicant shall be read as a reference to the moving party. O. Reg. 43/14, s. 1. Prohibition on Further Motions (3) On making an order under subrule (1), the court may also make an order under rule 37.16 prohibiting the moving party from making further motions in a proceeding without leave. O. Reg. 43/14, s. 1. Stay, Dismissal of Proceeding if No Leave under Courts of Justice Act Order for Stay, Dismissal 2.1.03 (1) If the court determines that a person who is subject to an order under subsection 140 (1) of the Courts of Justice Act has instituted or continued a proceeding without the order having been rescinded or leave granted for the proceeding to be instituted or continued, the court shall make an order staying or dismissing the proceeding. O. Reg. 43/14, s. 1. Request for Order (2) Any party to the proceeding may file with the registrar a written request for an order under subrule (1). O. Reg. 43/14, s. 1. Copy of Order (3) An order under subrule (1) may be made without notice, but the registrar shall serve a copy of the order by mail on every party to the proceeding for whom an address is provided in the originating process as soon as possible after the order is made. O. Reg. 43/14, s. 1. RULE 3  TIME
Stay, Dismissal of Proceeding if No Leave under Courts of Justice Act
 2.1.03 (1) If the court determines that a person who is subject to an order under subsection 140 (1) of the Courts of Justice Act has instituted or continued a proceeding without the order having been rescinded or leave granted for the proceeding to be instituted or continued, the court shall make an order staying or dismissing the proceeding. O. Reg. 43/14, s. 1. Request for Order (2) Any party to the proceeding may file with the registrar a written request for an order under subrule (1). O. Reg. 43/14, s. 1. Copy of Order (3) An order under subrule (1) may be made without notice, but the registrar shall serve a copy of the order by mail on every party to the proceeding for whom an address is provided in the originating process as soon as possible after the order is made. O. Reg. 43/14, s. 1. RULE 3  TIME
Extension or Abridgment
 3.02 (1) Subject to subrule (3), the court may by order extend or abridge any time prescribed by these rules or an order, on such terms as are just.  R.R.O. 1990, Reg. 194, r. 3.02 (1). (2) A motion for an order extending time may be made before or after the expiration of the time prescribed.  R.R.O. 1990, Reg. 194, r. 3.02 (2). Times in Appeals (3) An order under subrule (1) extending or abridging a time prescribed by these rules and relating to an appeal to an appellate court may be made only by a judge of the appellate court.  R.R.O. 1990, Reg. 194, r. 3.02 (3). Consent in Writing (4) A time prescribed by these rules for serving, filing or delivering a document may be extended or abridged by filing a consent.  O. Reg. 555/96, s. 1; O. Reg. 427/01, s. 2; O. Reg. 438/08, s. 5. When Proceedings May Be Heard Hearings Throughout the Year 3.03 (1) Proceedings may be heard throughout the year, except that from December 24th to the following January 6th no trial of an action shall be held unless the consent of all parties is filed or the court orders otherwise.  O. Reg. 770/92, s. 3; O. Reg. 427/01, s. 3. In Absence of Opposite Party (2) No motion, reference, examination, assessment of costs or other matter, except a motion made without notice, shall proceed before a judge, associate judge or other officer in the absence of the opposite party until fifteen minutes after the time fixed for it.  R.R.O. 1990, Reg. 194, r. 3.03 (2); O. Reg. 711/20, s. 7; O. Reg. 383/21, s. 15. Timetables Amendment 3.04 (1) Parties may, by written agreement, amend a timetable established by order of a judge or associate judge, unless the order expressly prohibits amendment by the parties.  O. Reg. 438/08, s. 6; O. Reg. 383/21, s. 15. Same (2) Parties may, by written agreement, amend a timetable established by written agreement of the parties and amended by the order of a judge or associate judge, unless the order expressly prohibits amendment by the parties.  O. Reg. 438/08, s. 6; O. Reg. 383/21, s. 15. Limitation (3) Despite subrules (1) and (2), in the case of an action, an agreement to amend a timetable shall not amend the date before which the action shall be set down for trial or restored to a trial list, as the case may be.  O. Reg. 438/08, s. 6. Non-Compliance (4) If a party fails to comply with a timetable, a judge or associate judge may, on any other party’s motion, (a) stay the party’s proceeding; (b) dismiss the party’s proceeding or strike out the party’s defence; or (c) make such other order as is just.  O. Reg. 438/08, s. 6; O. Reg. 383/21, s. 15. RULE 4  COURT DOCUMENTS
When Proceedings May Be Heard
 3.03 (1) Proceedings may be heard throughout the year, except that from December 24th to the following January 6th no trial of an action shall be held unless the consent of all parties is filed or the court orders otherwise.  O. Reg. 770/92, s. 3; O. Reg. 427/01, s. 3. In Absence of Opposite Party (2) No motion, reference, examination, assessment of costs or other matter, except a motion made without notice, shall proceed before a judge, associate judge or other officer in the absence of the opposite party until fifteen minutes after the time fixed for it.  R.R.O. 1990, Reg. 194, r. 3.03 (2); O. Reg. 711/20, s. 7; O. Reg. 383/21, s. 15. Timetables Amendment 3.04 (1) Parties may, by written agreement, amend a timetable established by order of a judge or associate judge, unless the order expressly prohibits amendment by the parties.  O. Reg. 438/08, s. 6; O. Reg. 383/21, s. 15. Same (2) Parties may, by written agreement, amend a timetable established by written agreement of the parties and amended by the order of a judge or associate judge, unless the order expressly prohibits amendment by the parties.  O. Reg. 438/08, s. 6; O. Reg. 383/21, s. 15. Limitation (3) Despite subrules (1) and (2), in the case of an action, an agreement to amend a timetable shall not amend the date before which the action shall be set down for trial or restored to a trial list, as the case may be.  O. Reg. 438/08, s. 6. Non-Compliance (4) If a party fails to comply with a timetable, a judge or associate judge may, on any other party’s motion, (a) stay the party’s proceeding; (b) dismiss the party’s proceeding or strike out the party’s defence; or (c) make such other order as is just.  O. Reg. 438/08, s. 6; O. Reg. 383/21, s. 15. RULE 4  COURT DOCUMENTS
Timetables
 3.04 (1) Parties may, by written agreement, amend a timetable established by order of a judge or associate judge, unless the order expressly prohibits amendment by the parties.  O. Reg. 438/08, s. 6; O. Reg. 383/21, s. 15. Same (2) Parties may, by written agreement, amend a timetable established by written agreement of the parties and amended by the order of a judge or associate judge, unless the order expressly prohibits amendment by the parties.  O. Reg. 438/08, s. 6; O. Reg. 383/21, s. 15. Limitation (3) Despite subrules (1) and (2), in the case of an action, an agreement to amend a timetable shall not amend the date before which the action shall be set down for trial or restored to a trial list, as the case may be.  O. Reg. 438/08, s. 6. Non-Compliance (4) If a party fails to comply with a timetable, a judge or associate judge may, on any other party’s motion, (a) stay the party’s proceeding; (b) dismiss the party’s proceeding or strike out the party’s defence; or (c) make such other order as is just.  O. Reg. 438/08, s. 6; O. Reg. 383/21, s. 15. RULE 4  COURT DOCUMENTS
RULE 4 COURT DOCUMENTS
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Document Standards
 4.01 A document in writing in a proceeding shall meet the following standards: 1. In the case of a document in paper format, i. the text shall be printed, typed, written or reproduced legibly, with double spaces between the lines and a margin of approximately 40 millimetres on the left-hand side, ii. the characters used shall be of at least 12 point or 10 pitch size, iii. good quality white paper or good quality near white recycled paper 216 millimetres by 279 millimetres shall be used, and iv. text may appear on one side or on both sides of the paper. 2. In the case of a document that is filed or submitted in electronic format using software authorized by the Ministry of the Attorney General for the purpose, the document must meet, i. the requirements set out in subparagraph 1 i and ii, and ii. any requirements specified by the authorized software. O. Reg. 689/20, s. 2.
Electronic Signatures
 4.01.1 (1) In this rule, “electronic signature” means electronic information that a person creates or adopts in order to sign a document and that is in, attached to or associated with the document. O. Reg. 689/20, s. 3. Electronic Signatures Permitted (2) A document that may or must be signed by the court, a registrar, a judge or an officer under these rules may be signed with an electronic signature. O. Reg. 689/20, s. 3. Contents General Heading 4.02 (1) Every document in a proceeding shall have a heading in accordance with Form 4A (actions) or 4B (applications) that sets out, (a) the name of the court and the court file number; and (b) the title of the proceeding in accordance with rule 14.06 (action or application), but in a document other than an originating process, pleading, record, order or report, where there are more than two parties to the proceeding, a short title showing the names of the first party on each side followed by the words “and others” may be used.  R.R.O. 1990, Reg. 194, r. 4.02 (1); O. Reg. 131/04, s. 3. (1.1) Clause (1) (b) does not apply to documents in a proceeding under Rule 74, 74.1 or 75.  O. Reg. 484/94, s. 3; O. Reg. 111/21, s. 1. Body of Document (2) Every document in a proceeding shall contain, (a) the title of the document; (b) its date; (c) where the document is filed by a party and not issued by a registrar or is an originating process, the name, address and telephone number of the lawyer filing the document or, where a party acts in person, his or her name, address for service and telephone number; and (d) where the document is issued by a registrar, the address of the court office in which the proceeding was commenced or, in the case of an application to the Divisional Court, the address of the court office in the place where the application is to be heard.  R.R.O. 1990, Reg. 194, r. 4.02 (2); O. Reg. 575/07, s. 1; O. Reg. 248/21, s. 13. Backsheet (3) Every document in a proceeding shall have a backsheet in accordance with Form 4C that sets out, (a) the short title of the proceeding; (b) the name of the court and the court file number; (c) in the case of an affidavit, the deponent’s name and the date when he or she swore it; (d) the location of the court office in which the proceeding was commenced; (e) the title of the document; (f) if a lawyer is serving or filing the document, the lawyer’s name, address, telephone number, e-mail address and law society membership number; (g) if a party is acting in person, his or her name, address for service, telephone number and e-mail address (if any); and (h) if the document is to be served, the e-mail address, if known, of the person on whom the document is to be served. R.R.O. 1990, Reg. 194, r. 4.02 (3); O. Reg. 333/96, s. 1 (1); O. Reg. 457/01, s. 1; O. Reg. 575/07, s. 1; O. Reg. 281/16, s. 1; O. Reg. 689/20, s. 4; O. Reg. 248/21, s. 13. (4) Revoked:  O. Reg. 333/96, s. 1 (2).
Contents
 4.02 (1) Every document in a proceeding shall have a heading in accordance with Form 4A (actions) or 4B (applications) that sets out, (a) the name of the court and the court file number; and (b) the title of the proceeding in accordance with rule 14.06 (action or application), but in a document other than an originating process, pleading, record, order or report, where there are more than two parties to the proceeding, a short title showing the names of the first party on each side followed by the words “and others” may be used.  R.R.O. 1990, Reg. 194, r. 4.02 (1); O. Reg. 131/04, s. 3. (1.1) Clause (1) (b) does not apply to documents in a proceeding under Rule 74, 74.1 or 75.  O. Reg. 484/94, s. 3; O. Reg. 111/21, s. 1. Body of Document (2) Every document in a proceeding shall contain, (a) the title of the document; (b) its date; (c) where the document is filed by a party and not issued by a registrar or is an originating process, the name, address and telephone number of the lawyer filing the document or, where a party acts in person, his or her name, address for service and telephone number; and (d) where the document is issued by a registrar, the address of the court office in which the proceeding was commenced or, in the case of an application to the Divisional Court, the address of the court office in the place where the application is to be heard.  R.R.O. 1990, Reg. 194, r. 4.02 (2); O. Reg. 575/07, s. 1; O. Reg. 248/21, s. 13. Backsheet (3) Every document in a proceeding shall have a backsheet in accordance with Form 4C that sets out, (a) the short title of the proceeding; (b) the name of the court and the court file number; (c) in the case of an affidavit, the deponent’s name and the date when he or she swore it; (d) the location of the court office in which the proceeding was commenced; (e) the title of the document; (f) if a lawyer is serving or filing the document, the lawyer’s name, address, telephone number, e-mail address and law society membership number; (g) if a party is acting in person, his or her name, address for service, telephone number and e-mail address (if any); and (h) if the document is to be served, the e-mail address, if known, of the person on whom the document is to be served. R.R.O. 1990, Reg. 194, r. 4.02 (3); O. Reg. 333/96, s. 1 (1); O. Reg. 457/01, s. 1; O. Reg. 575/07, s. 1; O. Reg. 281/16, s. 1; O. Reg. 689/20, s. 4; O. Reg. 248/21, s. 13. (4) Revoked:  O. Reg. 333/96, s. 1 (2).
Bilingual Documents
 4.02.1 A pleading or any other document written in French that may be filed under section 126 of the Courts of Justice Act may also include a version of all or part of the text written in English. O. Reg. 584/17, s. 1.
Certified Copies of Court Documents
 4.03 (1) The registrar shall provide a certified copy of a document that is in the court file to a person who is entitled to see the document under section 137 of the Courts of Justice Act, if the person files a requisition (Form 4E) and pays the prescribed fee, if any. O. Reg. 689/20, s. 5. Certified Copy in Electronic Format (2) The registrar may provide a certified copy in electronic format of a document that is in the court file. O. Reg. 689/20, s. 5. Valid Certification (3) For the purposes of these rules, a copy of a document is validly certified under this rule if, (a) the copy bears the registrar’s signature and the date of certification; and (b) in the case of a copy that is provided in electronic format, the copy accurately reproduces the information set out in the document, even if the way in which information is displayed in the document and in the copy differs. O. Reg. 689/20, s. 5. Printed Version of Electronic Certified Copy may be Used (4) If a certified copy of a document is provided by the registrar in electronic format, a requirement under these rules that a person provide a certified copy of a document to another person in paper format may be satisfied by printing the electronic certified copy by any means that produces the document in paper format and providing the printed version of the certified copy. O. Reg. 689/20, s. 5.
Binding of Documents
 4.07 (1) Records for motions, applications, trials and appeals shall have a light blue backsheet.  O. Reg. 219/91, s. 2. (1.1) Front covers of records for motions shall be, (a) green, in the case of a responding party’s motion record; (b) orange, in the case of a record for a motion under clause 134 (4) (b) of the Courts of Justice Act (motion to receive further evidence); and (c) white, in any other case. O. Reg. 82/17, s. 1. Transcripts (2) Transcripts of evidence for use on a motion or application or at trial shall have a light grey backsheet.  O. Reg. 219/91, s. 2. Appeal Book and Compendium (3) An appeal book and compendium shall be bound front and back in buff covers.  O. Reg. 19/03, s. 1 (1). Transcripts on Appeal (4) Transcripts of evidence for use in an appeal shall be bound front and back in red covers, except where the transcript forms part of the appeal book and compendium or record and, where there is more than one volume of transcripts, the volumes shall be clearly numbered.  O. Reg. 219/91, s. 2; O. Reg. 19/03, s. 1 (2). Factums and Case Books (5) A factum or case book filed by an applicant, moving party or appellant shall be bound front and back in white covers, and a factum or case book of a respondent or responding party shall be bound front and back in green covers.  O. Reg. 770/92, s. 4. (5.1) Revoked:  O. Reg. 19/03, s. 1 (3). Cover Stock (6) Backsheets and covers shall be of 176g/m2 cover stock.  O. Reg. 219/91, s. 2. Electronic Documents (7) This rule does not apply to a document that is filed electronically in accordance with these rules or submitted to CaseLines under rule 4.05.3; however, if the same document is filed or provided to the court in paper format, this rule applies to the paper version of the document. O. Reg. 689/20, s. 9.
Transmission of Documents
 4.10 (1) Where documents filed with the court or exhibits in the custody of an officer are required for use at another location, the registrar shall send them to the registrar at the other location on a party’s requisition, on payment of the prescribed fee.  R.R.O. 1990, Reg. 194, r. 4.10 (1). (2) Documents or exhibits that have been filed at or sent to a location other than where the proceeding was commenced for a hearing at that location shall be sent by the registrar, after the completion of the hearing, to the registrar at the court office where the proceeding was commenced.  R.R.O. 1990, Reg. 194, r. 4.10 (2).
Notice of Constitutional Question
 4.11 The notice of constitutional question referred to in section 109 of the Courts of Justice Act shall be in Form 4F.  R.R.O. 1990, Reg. 194, r. 4.11. E-Mailing of Documents, Communications by Registrar Documents 4.12 (1) Any document that the court or registrar may or must send, give or otherwise provide to a person under these rules may be sent to the person in electronic format by e-mail to, (a) the e-mail address most recently indicated for the person in the applicable court file, if any; or (b) in the case of a lawyer whose e-mail address is not indicated in the court file, the e-mail address for the lawyer as published on the Law Society of Ontario’s website. O. Reg. 689/20, s. 11. Communications (2) Any communication that the court or registrar may or must send to a person in connection with a proceeding under these rules may be sent to the person in electronic format by e-mail to, (a) the e-mail address most recently indicated for the person in the applicable court file, if any; or (b) in the case of a lawyer whose e-mail address is not indicated in the court file, the e-mail address for the lawyer as published on the Law Society of Ontario’s website. O. Reg. 689/20, s. 11. Application (3) This rule applies despite anything to the contrary in these rules. O. Reg. 689/20, s. 11. RULE 4.1  DUTY OF EXPERT
E-Mailing of Documents, Communications by Registrar
 4.12 (1) Any document that the court or registrar may or must send, give or otherwise provide to a person under these rules may be sent to the person in electronic format by e-mail to, (a) the e-mail address most recently indicated for the person in the applicable court file, if any; or (b) in the case of a lawyer whose e-mail address is not indicated in the court file, the e-mail address for the lawyer as published on the Law Society of Ontario’s website. O. Reg. 689/20, s. 11. Communications (2) Any communication that the court or registrar may or must send to a person in connection with a proceeding under these rules may be sent to the person in electronic format by e-mail to, (a) the e-mail address most recently indicated for the person in the applicable court file, if any; or (b) in the case of a lawyer whose e-mail address is not indicated in the court file, the e-mail address for the lawyer as published on the Law Society of Ontario’s website. O. Reg. 689/20, s. 11. Application (3) This rule applies despite anything to the contrary in these rules. O. Reg. 689/20, s. 11. RULE 4.1  DUTY OF EXPERT
RULE 4.1 DUTY OF EXPERT
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Duty of Expert
 4.1.01 (1) It is the duty of every expert engaged by or on behalf of a party to provide evidence in relation to a proceeding under these rules, (a) to provide opinion evidence that is fair, objective and non-partisan; (b) to provide opinion evidence that is related only to matters that are within the expert’s area of expertise; and (c) to provide such additional assistance as the court may reasonably require to determine a matter in issue.  O. Reg. 438/08, s. 8. Duty Prevails (2) The duty in subrule (1) prevails over any obligation owed by the expert to the party by whom or on whose behalf he or she is engaged.  O. Reg. 438/08, s. 8. PARTIES AND JOINDER RULE 5  JOINDER OF CLAIMS AND PARTIES
PARTIES AND JOINDER
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RULE 5 JOINDER OF CLAIMS AND PARTIES
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Joinder of Necessary Parties
 5.03 (1) Every person whose presence is necessary to enable the court to adjudicate effectively and completely on the issues in a proceeding shall be joined as a party to the proceeding.  R.R.O. 1990, Reg. 194, r. 5.03 (1). Claim by Person Jointly Entitled (2) A plaintiff or applicant who claims relief to which any other person is jointly entitled with the plaintiff or applicant shall join, as a party to the proceeding, each person so entitled.  R.R.O. 1990, Reg. 194, r. 5.03 (2). Claim by Assignee of Chose in Action (3) In a proceeding by the assignee of a debt or other chose in action, the assignor shall be joined as a party unless, (a) the assignment is absolute and not by way of charge only; and (b) notice in writing has been given to the person liable in respect of the debt or chose in action that it has been assigned to the assignee.  R.R.O. 1990, Reg. 194, r. 5.03 (3). Power of Court to Add Parties (4) The court may order that any person who ought to have been joined as a party or whose presence as a party is necessary to enable the court to adjudicate effectively and completely on the issues in the proceeding shall be added as a party.  R.R.O. 1990, Reg. 194, r. 5.03 (4). Party Added as Defendant or Respondent (5) A person who is required to be joined as a party under subrule (1), (2) or (3) and 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. 5.03 (5). Relief Against Joinder of Party (6) The court may by order relieve against the requirement of joinder under this rule.  R.R.O. 1990, Reg. 194, r. 5.03 (6). Misjoinder, Non-Joinder and Parties Incorrectly Named Proceeding not to be Defeated 5.04 (1) No proceeding shall be defeated by reason of the misjoinder or non-joinder of any party and the court may, in a proceeding, determine the issues in dispute so far as they affect the rights of the parties to the proceeding and pronounce judgment without prejudice to the rights of all persons who are not parties.  R.R.O. 1990, Reg. 194, r. 5.04 (1). Adding, Deleting or Substituting Parties (2) At any stage of a proceeding the court may by order add, delete or substitute a party or correct the name of a party incorrectly named, on such terms as are just, unless prejudice would result that could not be compensated for by costs or an adjournment.  R.R.O. 1990, Reg. 194, r. 5.04 (2). Adding Plaintiff or Applicant (3) No person shall be added as a plaintiff or applicant unless the person’s consent is filed.  R.R.O. 1990, Reg. 194, r. 5.04 (3).
Misjoinder, Non-Joinder and Parties Incorrectly Named
 5.04 (1) No proceeding shall be defeated by reason of the misjoinder or non-joinder of any party and the court may, in a proceeding, determine the issues in dispute so far as they affect the rights of the parties to the proceeding and pronounce judgment without prejudice to the rights of all persons who are not parties.  R.R.O. 1990, Reg. 194, r. 5.04 (1). Adding, Deleting or Substituting Parties (2) At any stage of a proceeding the court may by order add, delete or substitute a party or correct the name of a party incorrectly named, on such terms as are just, unless prejudice would result that could not be compensated for by costs or an adjournment.  R.R.O. 1990, Reg. 194, r. 5.04 (2). Adding Plaintiff or Applicant (3) No person shall be added as a plaintiff or applicant unless the person’s consent is filed.  R.R.O. 1990, Reg. 194, r. 5.04 (3).
Relief against Joinder
 5.05 Where it appears that the joinder of multiple claims or parties in the same proceeding may unduly complicate or delay the hearing or cause undue prejudice to a party, the court may, (a) order separate hearings; (b) require one or more of the claims to be asserted, if at all, in another proceeding; (c) order that a party be compensated by costs for having to attend, or be relieved from attending, any part of a hearing in which the party has no interest; (d) stay the proceeding against a defendant or respondent, pending the hearing of the proceeding against another defendant or respondent, on condition that the party against whom the proceeding is stayed is bound by the findings made at the hearing against the other defendant or respondent; or (e) make such other order as is just.  R.R.O. 1990, Reg. 194, r. 5.05. RULE 6  CONSOLIDATION OR HEARING TOGETHER
RULE 6 CONSOLIDATION OR HEARING TOGETHER
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Where Order May Be Made
 6.01 (1) Where two or more proceedings are pending in the court and it appears to the court that, (a) they have a question of law or fact in common; (b) the relief claimed in them arises out of the same transaction or occurrence or series of transactions or occurrences; or (c) for any other reason an order ought to be made under this rule, the court may order that, (d) the proceedings be consolidated, or heard at the same time or one immediately after the other; or (e) any of the proceedings be, (i) stayed until after the determination of any other of them, or (ii) asserted by way of counterclaim in any other of them.  R.R.O. 1990, Reg. 194, r. 6.01 (1). (2) In the order, the court may give such directions as are just to avoid unnecessary costs or delay and, for that purpose, the court may dispense with service of a notice of listing for trial and abridge the time for placing an action on the trial list.  R.R.O. 1990, Reg. 194, r. 6.01 (2).
Discretion of Presiding Judge
 6.02 Where the court has made an order that proceedings be heard either at the same time or one immediately after the other, the judge presiding at the hearing nevertheless has discretion to order otherwise.  R.R.O. 1990, Reg. 194, r. 6.02. RULE 6.1  SEPARATE HEARINGS
RULE 6.1 SEPARATE HEARINGS
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Representation of Persons under Disability
 7.04 (1) Unless there is some other proper person willing and able to act as litigation guardian for a party under disability, the court shall appoint, (a) the Children’s Lawyer, if the party is a minor; (b) the Public Guardian and Trustee, if the party is mentally incapable within the meaning of section 6 or 45 of the
Substitute Decisions Act, 1992 in respect of an issue in the proceeding and there is no guardian or attorney under a power of attorney with authority to act as litigation guardian; (c) either of them, if clauses (a) and (b) both apply to the party.  O. Reg. 69/95, s. 5. Legal representative for minor who is not a party (2) Where, in the opinion of the court, the interests of a minor who is not a party require separate representation in a proceeding, the court may request and may by order authorize the Children’s Lawyer, or some other proper person who is willing and able to act, to act as the person’s legal representative.  O. Reg. 69/95, s. 5. Litigation guardian for incapable person who is not a party (3) Where, in the opinion of the court, the interests of a mentally incapable person who is not a minor and not a party require separate representation in a proceeding, the court may appoint as the mentally incapable person’s litigation guardian the Public Guardian and Trustee or some other proper person who is willing and able to act.  O. Reg. 69/95, s. 5.
Powers and Duties of Litigation Guardian
 7.05 (1) Where a party is under disability, anything that a party in a proceeding is required or authorized to do may be done by the party’s litigation guardian.  R.R.O. 1990, Reg. 194, r. 7.05 (1); O. Reg. 69/95, s. 18. (2) A litigation guardian shall diligently attend to the interests of the person under disability and take all steps necessary for the protection of those interests, including the commencement and conduct of a counterclaim, crossclaim or third party claim.  R.R.O. 1990, Reg. 194, r. 7.05 (2); O. Reg. 69/95, s. 18. (3) A litigation guardian other than the Children’s Lawyer or the Public Guardian and Trustee shall be represented by a lawyer and shall instruct the lawyer in the conduct of the proceeding.  R.R.O. 1990, Reg. 194, r. 7.05 (3); O. Reg. 69/95, ss. 18-20; O. Reg. 575/07, s. 1.
Removal or Substitution of Litigation Guardian
 7.06 (1) Where, in the course of a proceeding, (a) a minor for whom a litigation guardian has been acting reaches the age of majority, the minor or the litigation guardian may, on filing an affidavit stating that the minor has reached the age of majority, obtain from the registrar an order to continue (Form 7B) authorizing the minor to continue the proceeding without the litigation guardian; (b) a party under any other disability for whom a litigation guardian has been acting ceases to be under disability, the party or the litigation guardian may move without notice for an order to continue the proceeding without the litigation guardian, and the order shall be served forthwith on every other party and on the litigation guardian.  R.R.O. 1990, Reg. 194, r. 7.06 (1); O. Reg. 69/95, s. 18. (2) Where it appears to the court that a litigation guardian is not acting in the best interests of the party under disability, the court may substitute the Children’s Lawyer, the Public Guardian and Trustee or any other person as litigation guardian.  R.R.O. 1990, Reg. 194, r. 7.06 (2); O. Reg. 69/95, ss. 19, 20.
Noting Party under Disability in Default
 7.07 (1) If a party to an action is under a disability, the party may be noted in default under rule 19.01 only with leave of a judge.  O. Reg. 19/03, s. 2. (2) Notice of a motion for leave under subrule (1) shall be served on the party’s litigation guardian and, if the litigation guardian is not the Children’s Lawyer or the Public Guardian and Trustee, (a) on the Children’s Lawyer, if the party is a minor; or (b) on the Public Guardian and Trustee, in any other case. O. Reg. 259/14, s. 1.
Approval of Settlement
 7.08 (1) No settlement of a claim made by or against a person under disability, whether or not a proceeding has been commenced in respect of the claim, is binding on the person without the approval of a judge.  R.R.O. 1990, Reg. 194, r. 7.08 (1). (2) Judgment may not be obtained on consent in favour of or against a party under disability without the approval of a judge.  R.R.O. 1990, Reg. 194, r. 7.08 (2). Exception (2.1) This rule does not apply to a settlement or judgment respecting the appointment under the Substitute Decisions Act, 1992 of a guardian of property or guardian of the person. O. Reg. 281/16, s. 3 (1). Where no Proceeding Commenced (3) Where an agreement for the settlement of a claim made by or against a person under disability is reached before a proceeding is commenced in respect of the claim, approval of a judge shall be obtained on an application.  R.R.O. 1990, Reg. 194, r. 7.08 (3). Material Required for Approval (4) On a motion or application for the approval of a judge under this rule, there shall be served and filed with the notice of motion or notice of application, (a) an affidavit of the litigation guardian setting out the material facts and the reasons supporting the proposed settlement and the position of the litigation guardian in respect of the settlement; (b) an affidavit of the lawyer acting for the litigation guardian setting out the lawyer’s position in respect of the proposed settlement; (c) where the person under disability is a minor who is over the age of sixteen years, the minor’s consent in writing, unless the judge orders otherwise; and (d) a copy of the proposed minutes of settlement.  R.R.O. 1990, Reg. 194, r. 7.08 (4); O. Reg. 69/95, s. 18; O. Reg. 575/07, s. 10. (4.1) If there is no litigation guardian and the settlement that is the subject of the motion or application is in respect of a matter under the Substitute Decisions Act, 1992 to which this rule applies, the affidavit referred to in clause (4) (a) shall be provided by the moving party or applicant (as the case may be), and the affidavit referred to in clause (4) (b) shall be provided by his or her lawyer. O. Reg. 281/16, s. 3 (1). Children’s Lawyer or Public Guardian and Trustee (5) On a motion or application for the approval of a judge under this rule, the judge may, (a) direct that material filed on the motion or application be served on the Children’s Lawyer or on the Public Guardian and Trustee; and (b) direct the Children’s Lawyer or the Public Guardian and Trustee, as the case may be, to make a written report stating any objections he or she has to the proposed settlement and making recommendations, with reasons, in connection with the proposed settlement. O. Reg. 281/16, s. 3 (2).
Money to be Paid into Court
 7.09 (1) Any money payable to a person under disability under an order or a settlement shall be paid into court, unless a judge orders otherwise.  R.R.O. 1990, Reg. 194, r. 7.09 (1). (2) Any money paid to the Children’s Lawyer on behalf of a person under disability shall be paid into court, unless a judge orders otherwise.  R.R.O. 1990, Reg. 194, r. 7.09 (2); O. Reg. 69/95, s. 19. RULE 8  PARTNERSHIPS AND SOLE PROPRIETORSHIPS
RULE 8 PARTNERSHIPS AND SOLE PROPRIETORSHIPS
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Partnerships
 8.01 (1) A proceeding by or against two or more persons as partners may be commenced using the firm name of the partnership.  R.R.O. 1990, Reg. 194, r. 8.01 (1). (2) Subrule (1) extends to a proceeding between partnerships having one or more partners in common.  O. Reg. 535/92, s. 4.
Defence
 8.02 Where a proceeding is commenced against a partnership using the firm name, the partnership’s defence shall be delivered in the firm name and no person who admits having been a partner at any material time may defend the proceeding separately, except with leave of the court.  R.R.O. 1990, Reg. 194, r. 8.02.
Notice to Alleged Partner Where Enforcement Sought against Partner
 8.03 (1) In a proceeding against a partnership using the firm name, where a plaintiff or applicant seeks an order that will be enforceable personally against a person as a partner, the plaintiff or applicant may serve the person with the originating process, together with a notice to alleged partner (Form 8A) stating that the person was a partner at a material time specified in the notice.  R.R.O. 1990, Reg. 194, r. 8.03 (1). (2) A person served as provided in subrule (1) shall be deemed to have been a partner at the material time, unless the person defends the proceeding separately denying that he or she was a partner at the material time.  R.R.O. 1990, Reg. 194, r. 8.03 (2).
Person Defending Separately
 8.04 A person becomes a party to a proceeding as a defendant or respondent, and the title of the proceeding shall be amended accordingly, if the person defends a proceeding separately, (a) denying having been a partner at the material time; or (b) with leave of the court under rule 8.02.  R.R.O. 1990, Reg. 194, r. 8.04.
Disclosure of Partners
 8.05 (1) Where a proceeding is commenced by or against a partnership using the firm name, any other party may serve a notice requiring the partnership to disclose forthwith in writing the names and addresses of all the partners constituting the partnership at a time specified in the notice and, where the present address of a partner is unknown, the partnership shall disclose the last known address of that partner.  R.R.O. 1990, Reg. 194, r. 8.05 (1). (2) Where a partnership fails to comply with a notice under subrule (1), its claim may be dismissed or the proceeding stayed or its defence may be struck out.  R.R.O. 1990, Reg. 194, r. 8.05 (2). (3) Where the name of a partner is disclosed pursuant to a notice under subrule (1) and the partner has not been served as provided in rule 8.03, the partner may be so served within fifteen days after the name is disclosed.  R.R.O. 1990, Reg. 194, r. 8.05 (3). Enforcement of Order Against Partnership Property 8.06 (1) An order against a partnership using the firm name may be enforced against the property of the partnership.  R.R.O. 1990, Reg. 194, r. 8.06 (1). Against Person Served as Alleged Partner (2) An order against a partnership using the firm name may also be enforced, where the order or a subsequent order so provides, against any person who was served as provided in rule 8.03 and who, (a) under that rule, is deemed to have been a partner; (b) has admitted having been a partner; or (c) has been adjudged to have been a partner, at the material time.  R.R.O. 1990, Reg. 194, r. 8.06 (2). Against Person not Served as Alleged Partner (3) Where, after an order has been made against a partnership using the firm name, the party obtaining it claims to be entitled to enforce it against any person alleged to be a partner other than a person who was served as provided in rule 8.03, the party may move before a judge for leave to do so, and the judge may grant leave if the liability of the person as a partner is not disputed or, if disputed, after the liability has been determined in such manner as the judge directs.  R.R.O. 1990, Reg. 194, r. 8.06 (3).
Enforcement of Order
 8.06 (1) An order against a partnership using the firm name may be enforced against the property of the partnership.  R.R.O. 1990, Reg. 194, r. 8.06 (1). Against Person Served as Alleged Partner (2) An order against a partnership using the firm name may also be enforced, where the order or a subsequent order so provides, against any person who was served as provided in rule 8.03 and who, (a) under that rule, is deemed to have been a partner; (b) has admitted having been a partner; or (c) has been adjudged to have been a partner, at the material time.  R.R.O. 1990, Reg. 194, r. 8.06 (2). Against Person not Served as Alleged Partner (3) Where, after an order has been made against a partnership using the firm name, the party obtaining it claims to be entitled to enforce it against any person alleged to be a partner other than a person who was served as provided in rule 8.03, the party may move before a judge for leave to do so, and the judge may grant leave if the liability of the person as a partner is not disputed or, if disputed, after the liability has been determined in such manner as the judge directs.  R.R.O. 1990, Reg. 194, r. 8.06 (3).
Sole Proprietorships
 8.07 (1) Where a person carries on business in a business name other than his or her own name, a proceeding may be commenced by or against the person using the business name.  R.R.O. 1990, Reg. 194, r. 8.07 (1). (2) Rules 8.01 to 8.06 apply, with necessary modifications, to a proceeding by or against a sole proprietor using a business name, as though the sole proprietor were a partner and the business name were the firm name of a partnership.  R.R.O. 1990, Reg. 194, r. 8.07 (2). RULE 9  ESTATES AND TRUSTS Proceedings by or against Executor, Administrator or Trustee General Rule 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 9 ESTATES AND TRUSTS
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