jswizzle3737/ontario_laws_and_regs huggingface dataset:
Confirmation of Application
 38.09.1 (1) A party who makes an application on notice to another party shall,  (a) confer or attempt to confer with the other party; (b) not later than 2 p.m. five days before the hearing date, give the registrar a confirmation of application (Form 38B) by, (i) sending it by e-mail to the court office, or (ii) leaving it at the court office; and (c) send a copy of the confirmation of application to the other party by e-mail.  O. Reg. 14/04, s. 22; O. Reg. 438/08, s. 41; O. Reg. 689/20, s. 29 (1); O. Reg. 383/21, s. 4; O. Reg. 224/22, s. 3 (1, 2). Effect of Failure to Confirm (2) If no confirmation is given, the application shall not be heard, except by order of the court.  O. Reg. 14/04, s. 22. Duty to Update (3) A party who has given a confirmation of application and later determines that the confirmation is no longer correct shall immediately, (a) give the registrar a corrected confirmation of application (Form 38B), by, (i) sending it by e-mail to the court office, or (ii) leaving it at the court office; and (b) send a copy of the corrected confirmation of application to the other party by e-mail.  O. Reg. 14/04, s. 22; O. Reg. 689/20, s. 29 (2); O. Reg. 383/21, s. 4; O. Reg. 224/22, s. 3 (2).
Disposition of Application
 38.10 (1) On the hearing of an application the presiding judge may, (a) grant the relief sought or dismiss or adjourn the application, in whole or in part and with or without terms; or (b) order that the whole application or any issue proceed to trial and give such directions as are just.  R.R.O. 1990, Reg. 194, r. 38.10 (1). (2) Where a trial of the whole application is directed, the proceeding shall thereafter be treated as an action, subject to the directions in the order directing the trial.  R.R.O. 1990, Reg. 194, r. 38.10 (2). (3) Where a trial of an issue in the application is directed, the order directing the trial may provide that the proceeding be treated as an action in respect of the issue to be tried, subject to any directions in the order, and shall provide that the application be adjourned to be disposed of by the trial judge.  R.R.O. 1990, Reg. 194, r. 38.10 (3). Exception, applications in estate matters (4) Clause (1) (b) and subrules (2) and (3) do not apply to applications under Rule 74, other than applications under rule 74.18, or Rule 74.1 or 75.  O. Reg. 484/94, s. 11; O. Reg. 193/15, s. 4; O. Reg. 111/21, s. 6.
Setting aside Judgment on Application Made without Notice
 38.11 (1) A party or other person who is affected by a judgment on an application made without notice or who fails to appear at the hearing of an application through accident, mistake or insufficient notice may move to set aside or vary the judgment, by a notice of motion that is served forthwith after the judgment comes to the person’s attention and names 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. 38.11 (1); O. Reg. 132/04, s. 10; O. Reg. 55/12, s. 3. (2) A motion under subrule (1) may be made, (a) at any place, to the judge who granted the judgment; (b) at a place determined in accordance with rule 37.03 (where motions to be brought), to any other judge; (c) to the Divisional Court, in the case of a judgment of that court.  R.R.O. 1990, Reg. 194, r. 38.11 (2); O. Reg. 689/20, s. 30. (3) On a motion under subrule (1), the judgment may be set aside or varied on such terms as are just.  R.R.O. 1990, Reg. 194, r. 38.11 (3).
Striking out a Document
 38.12 Rule 25.11 applies, with necessary modifications, with respect to any document filed on an application. O. Reg. 43/14, s. 10.
RULE 39 EVIDENCE ON MOTIONS AND APPLICATIONS
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Evidence by Examination of a Witness
 39.03 (1) Subject to subrule 39.02 (2), a person may be examined as a witness before the hearing of a pending motion or application for the purpose of having a transcript of his or her evidence available for use at the hearing.  R.R.O. 1990, Reg. 194, r. 39.03 (1). (2) A witness examined under subrule (1) may be cross-examined by the examining party and any other party and may then be re-examined by the examining party on matters raised by other parties, and the re-examination may take the form of cross-examination.  R.R.O. 1990, Reg. 194, r. 39.03 (2). (2.1) Subrules (1) and (2) do not apply to an application made under subsection 140 (3) of the
Courts of Justice Act. O. Reg. 43/14, s. 12. To be Exercised with Reasonable Diligence (3) The right to examine shall be exercised with reasonable diligence, and the court may refuse an adjournment of a motion or application for the purpose of an examination where the party seeking the adjournment has failed to act with reasonable diligence.  R.R.O. 1990, Reg. 194, r. 39.03 (3). At the Hearing (4) With leave of the presiding judge or officer, a person may be examined at the hearing of a motion or application in the same manner as at a trial.  R.R.O. 1990, Reg. 194, r. 39.03 (4). Summons to Witness (5) The attendance of a person to be examined under subrule (4) may be compelled in the same manner as provided in Rule 53 for a witness at a trial.  R.R.O. 1990, Reg. 194, r. 39.03 (5). Evidence by Examination for Discovery Adverse Party’s Examination 39.04 (1) On the hearing of a motion, a party may use in evidence an adverse party’s examination for discovery or the examination for discovery of any person examined on behalf or in place of, or in addition to, the adverse party, and rule 31.11 (use of discovery at trial) applies with necessary modifications.  O. Reg. 534/95, s. 1. Party’s Examination (2) On the hearing of a motion, a party may not use in evidence the party’s own examination for discovery or the examination for discovery of any person examined on behalf or in place of, or in addition to, the party unless the other parties consent.  O. Reg. 534/95, s. 1. PRESERVATION OF RIGHTS IN PENDING LITIGATION RULE 40  INTERLOCUTORY INJUNCTION OR MANDATORY ORDER
Evidence by Examination for Discovery
 39.04 (1) On the hearing of a motion, a party may use in evidence an adverse party’s examination for discovery or the examination for discovery of any person examined on behalf or in place of, or in addition to, the adverse party, and rule 31.11 (use of discovery at trial) applies with necessary modifications.  O. Reg. 534/95, s. 1. Party’s Examination (2) On the hearing of a motion, a party may not use in evidence the party’s own examination for discovery or the examination for discovery of any person examined on behalf or in place of, or in addition to, the party unless the other parties consent.  O. Reg. 534/95, s. 1. PRESERVATION OF RIGHTS IN PENDING LITIGATION RULE 40  INTERLOCUTORY INJUNCTION OR MANDATORY ORDER
PRESERVATION OF RIGHTS IN PENDING LITIGATION
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RULE 40 INTERLOCUTORY INJUNCTION OR MANDATORY ORDER
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How Obtained
 40.01 An interlocutory injunction or mandatory order under section 101 or 102 of the Courts of Justice Act may be obtained on motion to a judge by a party to a pending or intended proceeding.  R.R.O. 1990, Reg. 194, r. 40.01. Where Motion Made without Notice Maximum Duration 40.02 (1) An interlocutory injunction or mandatory order may be granted on motion without notice for a period not exceeding ten days.  R.R.O. 1990, Reg. 194, r. 40.02 (1). Extension (2) Where an interlocutory injunction or mandatory order is granted on a motion without notice, a motion to extend the injunction or mandatory order may be made only on notice to every party affected by the order, unless the judge is satisfied that because a party has been evading service or because there are other exceptional circumstances, the injunction or mandatory order ought to be extended without notice to the party.  R.R.O. 1990, Reg. 194, r. 40.02 (2). (3) An extension may be granted on a motion without notice for a further period not exceeding ten days.  R.R.O. 1990, Reg. 194, r. 40.02 (3). Labour Injunctions Excepted (4) Subrules (1) to (3) do not apply to a motion for an injunction in a labour dispute under section 102 of the Courts of Justice Act.  R.R.O. 1990, Reg. 194, r. 40.02 (4).
Where Motion Made without Notice
 40.02 (1) An interlocutory injunction or mandatory order may be granted on motion without notice for a period not exceeding ten days.  R.R.O. 1990, Reg. 194, r. 40.02 (1). Extension (2) Where an interlocutory injunction or mandatory order is granted on a motion without notice, a motion to extend the injunction or mandatory order may be made only on notice to every party affected by the order, unless the judge is satisfied that because a party has been evading service or because there are other exceptional circumstances, the injunction or mandatory order ought to be extended without notice to the party.  R.R.O. 1990, Reg. 194, r. 40.02 (2). (3) An extension may be granted on a motion without notice for a further period not exceeding ten days.  R.R.O. 1990, Reg. 194, r. 40.02 (3). Labour Injunctions Excepted (4) Subrules (1) to (3) do not apply to a motion for an injunction in a labour dispute under section 102 of the Courts of Justice Act.  R.R.O. 1990, Reg. 194, r. 40.02 (4).
Undertaking
 40.03 On a motion for an interlocutory injunction or mandatory order, the moving party shall, unless the court orders otherwise, undertake to abide by any order concerning damages that the court may make if it ultimately appears that the granting of the order has caused damage to the responding party for which the moving party ought to compensate the responding party.  R.R.O. 1990, Reg. 194, r. 40.03.
Factums Required
 40.04 (1) On a motion under rule 40.01, each party shall serve on every other party to the motion a factum consisting of a concise argument stating the facts and law relied on by the party.  O. Reg. 14/04, s. 23. (2) The moving party’s factum shall be served and filed with proof of service in the court office where the motion is to be heard at least seven days before the hearing.  O. Reg. 394/09, s. 18. (3) The responding party’s factum shall be served and filed with proof of service in the court office where the motion is to be heard at least four days before the hearing.  O. Reg. 394/09, s. 18. (4) Revoked:  O. Reg. 394/09, s. 18. RULE 41  APPOINTMENT OF RECEIVER
RULE 41 APPOINTMENT OF RECEIVER
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Definition
 41.01 In rules 41.02 to 41.06,  “receiver” means a receiver or receiver and manager.  R.R.O. 1990, Reg. 194, r. 41.01.
How Obtained
 41.02 The appointment of a receiver under section 101 of the Courts of Justice Act may be obtained on motion to a judge in a pending or intended proceeding.  R.R.O. 1990, Reg. 194, r. 41.02.
Form of Order
 41.03 An order appointing a receiver shall, (a) name the person appointed or refer that issue in accordance with Rule 54; (b) specify the amount and terms of the security, if any, to be furnished by the receiver for the proper performance of the receiver’s duties, or refer that issue in accordance with Rule 54; (c) state whether the receiver is also appointed as manager and, if necessary, define the scope of the receiver’s managerial powers; and (d) contain such directions and impose such terms as are just.  R.R.O. 1990, Reg. 194, r. 41.03.
Reference of Conduct of Receivership
 41.04 An order appointing a receiver may refer the conduct of all or part of the receivership in accordance with Rule 54.  R.R.O. 1990, Reg. 194, r. 41.04.
Directions
 41.05 A receiver may obtain directions at any time on motion to a judge, unless there has been a reference of the conduct of the receivership, in which case the motion shall be made to the referee.  R.R.O. 1990, Reg. 194, r. 41.05.
Discharge
 41.06 A receiver may be discharged only by the order of a judge.  R.R.O. 1990, Reg. 194, r. 41.06. RULE 42  CERTIFICATE OF PENDING LITIGATION Issuing of Certificate Court Order Required 42.01 (1) A certificate of pending litigation (Form 42A) under section 103 of the Courts of Justice Act may be issued by a registrar only under an order of the court.  R.R.O. 1990, Reg. 194, r. 42.01 (1). Claim for Certificate to be in Originating Process (2) A party who seeks a certificate of pending litigation shall include a claim for it in the originating process or pleading that commences the proceeding, together with a description of the land in question sufficient for registration.  R.R.O. 1990, Reg. 194, r. 42.01 (2). Motion Without Notice (3) A motion for an order under subrule (1) may be made without notice.  R.R.O. 1990, Reg. 194, r. 42.01 (3). Order to be Served Forthwith (4) A party who obtains an order under subrule (1) shall forthwith serve it, together with a copy of the notice of motion and all affidavits and other documents used at the hearing of the motion, on all parties against whom an interest in land is claimed in the proceeding.  O. Reg. 219/91, s. 4.
RULE 42 CERTIFICATE OF PENDING LITIGATION
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Issuing of Certificate
 42.01 (1) A certificate of pending litigation (Form 42A) under section 103 of the Courts of Justice Act may be issued by a registrar only under an order of the court.  R.R.O. 1990, Reg. 194, r. 42.01 (1). Claim for Certificate to be in Originating Process (2) A party who seeks a certificate of pending litigation shall include a claim for it in the originating process or pleading that commences the proceeding, together with a description of the land in question sufficient for registration.  R.R.O. 1990, Reg. 194, r. 42.01 (2). Motion Without Notice (3) A motion for an order under subrule (1) may be made without notice.  R.R.O. 1990, Reg. 194, r. 42.01 (3). Order to be Served Forthwith (4) A party who obtains an order under subrule (1) shall forthwith serve it, together with a copy of the notice of motion and all affidavits and other documents used at the hearing of the motion, on all parties against whom an interest in land is claimed in the proceeding.  O. Reg. 219/91, s. 4.
RULE 43 INTERPLEADER
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Disposition
 43.04 (1) On the hearing of an application or motion for an interpleader order, the court may, (a) order that the applicant or moving party deposit the property with an officer of the court, sell it as the court directs or, in the case of money, pay it into court to await the outcome of a specified proceeding; (b) declare that, on compliance with an order under clause (a), the liability of the applicant or moving party in respect of the property or its proceeds is extinguished; and (c) order that the costs of the applicant or moving party be paid out of the property or its proceeds.  O. Reg. 42/05, s. 3. (2) In an order under subrule (1), the court may, (a) order a claimant to be made a party to a proceeding already commenced in substitution for or in addition to the moving party; (b) order the trial of an issue between the claimants, define the issue to be tried and direct which claimant is to be plaintiff and which defendant; (c) where the question is one of law and the facts are not in dispute, decide the question without directing the trial of an issue; (d) on the request of a claimant, determine the rights of the claimants in a summary manner, if, having regard to the value of the property and the nature of the issues in dispute, it seems desirable to do so; (e) where a claimant fails to attend the hearing, or attends and fails to comply with an order made in the course of the proceeding, make an order declaring that the claimant and all persons claiming under the claimant are forever barred from making a claim against the applicant or moving party and all persons claiming under the applicant or moving party, without affecting the rights of the claimants as between themselves; (f) stay any further step in a proceeding in respect of the property; and (g) make such other order as is just.  O. Reg. 42/05, s. 3. Certain Motions to be Heard by Judge (3) A motion for an interpleader order that is made to an associate judge and raises a genuine issue of fact or of law shall be adjourned to be heard by a judge.  O. Reg. 42/05, s. 3; O. Reg. 711/20, s. 7; O. Reg. 383/21, s. 15. RULE 44  INTERIM RECOVERY OF PERSONAL PROPERTY
RULE 44 INTERIM RECOVERY OF PERSONAL PROPERTY
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Motion for Interim Order
 44.01 (1) An interim order under section 104 of the Courts of Justice Act for recovery of possession of personal property may be obtained on motion by the plaintiff, supported by an affidavit setting out, (a) a description of the property sufficient to make it readily identifiable; (b) the value of the property; (c) that the plaintiff is the owner or lawfully entitled to possession of the property; (d) that the property was unlawfully taken from the possession of the plaintiff or is unlawfully detained by the defendant; and (e) the facts and circumstances giving rise to the unlawful taking or detention.  R.R.O. 1990, Reg. 194, r. 44.01 (1). (2) The notice of motion shall be served on the defendant unless the court is satisfied that there is reason to believe that the defendant may improperly attempt to prevent recovery of possession of the property or that, for any other sufficient reason, the order should be made without notice.  R.R.O. 1990, Reg. 194, r. 44.01 (2).
Order to Contain Description and Value of Property
 44.02 An interim order for recovery of possession of personal property shall contain a description of the property sufficient to make it readily identifiable and shall state the value of the property.  R.R.O. 1990, Reg. 194, r. 44.02. Disposition of Motion Where Made on Notice 44.03 (1) On a motion for an interim order for recovery of possession of personal property made on notice to the defendant, the court may, (a) order the plaintiff to pay into court as security twice the value of the property as stated in the order, or such other amount as the court directs, or to give the appropriate sheriff security in such form and amount as the court approves, and direct the sheriff to take the property from the defendant and give it to the plaintiff; (b) order the defendant to pay into court as security twice the value of the property as stated in the order, or such other amount as the court directs, or to give the plaintiff security in such form and amount as the court approves, and direct that the property remain in the possession of the defendant; or (c) make such other order as is just.  R.R.O. 1990, Reg. 194, r. 44.03 (1). Where Made Without Notice (2) On a motion for an interim order for the recovery of possession of personal property made without notice to the defendant, the court may, (a) order the plaintiff to pay into court as security twice the value of the property as stated in the order, or such other amount as the court directs, or to give the appropriate sheriff security in such form and amount as the court approves, and direct the sheriff to take and detain the property for a period of ten days after service of the interim order on the defendant before giving it to the plaintiff; or (b) make such other order as is just.  R.R.O. 1990, Reg. 194, r. 44.03 (2).
Disposition of Motion
 44.03 (1) On a motion for an interim order for recovery of possession of personal property made on notice to the defendant, the court may, (a) order the plaintiff to pay into court as security twice the value of the property as stated in the order, or such other amount as the court directs, or to give the appropriate sheriff security in such form and amount as the court approves, and direct the sheriff to take the property from the defendant and give it to the plaintiff; (b) order the defendant to pay into court as security twice the value of the property as stated in the order, or such other amount as the court directs, or to give the plaintiff security in such form and amount as the court approves, and direct that the property remain in the possession of the defendant; or (c) make such other order as is just.  R.R.O. 1990, Reg. 194, r. 44.03 (1). Where Made Without Notice (2) On a motion for an interim order for the recovery of possession of personal property made without notice to the defendant, the court may, (a) order the plaintiff to pay into court as security twice the value of the property as stated in the order, or such other amount as the court directs, or to give the appropriate sheriff security in such form and amount as the court approves, and direct the sheriff to take and detain the property for a period of ten days after service of the interim order on the defendant before giving it to the plaintiff; or (b) make such other order as is just.  R.R.O. 1990, Reg. 194, r. 44.03 (2).
Condition and Form of Security
 44.04 (1) Where an interim order for the recovery of possession of personal property requires either party to give security, the condition of the security shall be that the party providing the security will return the property to the opposite party without delay when ordered to do so, and pay any damages and costs the opposite party has sustained by reason of the interim order.  R.R.O. 1990, Reg. 194, r. 44.04 (1). (2) Where the security is by bond, the bond shall be in Form 44A and shall remain in force until the security is released under rule 44.06.  R.R.O. 1990, Reg. 194, r. 44.04 (2). (3) Where the bond is to be given by a person other than an insurer licensed under the
Insurance Act to write surety and fidelity insurance, the person giving the bond shall first be approved by the court.  R.R.O. 1990, Reg. 194, r. 44.04 (3); O. Reg. 570/98, s. 2.
Setting Aside Order
 44.05 The court on motion may set aside or vary an interim order for the recovery of possession of personal property or stay enforcement of the order.  R.R.O. 1990, Reg. 194, r. 44.05.
Release of Security
 44.06 Any security furnished pursuant to an order made under rule 44.03 may be released on the filing of the written consent of the parties or by order of the court.  R.R.O. 1990, Reg. 194, r. 44.06.
Duty of Sheriff
 44.07 (1) Before proceeding to enforce an interim order for the recovery of possession of personal property, the sheriff shall ascertain that any security required by the order has been given.  R.R.O. 1990, Reg. 194, r. 44.07 (1). (2) The sheriff shall serve the order on the defendant when the property or any part of it is recovered or as soon thereafter as is possible.  R.R.O. 1990, Reg. 194, r. 44.07 (2). (3) Where the sheriff is unable to comply with the order, or it is dangerous to do so, the sheriff may move for directions from the court.  R.R.O. 1990, Reg. 194, r. 44.07 (3). (4) The sheriff shall, without delay after attempting to enforce the order and in any event within ten days after service of the order, report to the plaintiff on what property has been recovered and, where the sheriff has failed to recover possession of all or part of the property, on what property has not been recovered and the reason for his or her failure to recover it.  R.R.O. 1990, Reg. 194, r. 44.07 (4).
Where Defendant Prevents Recovery
 44.08 Where the sheriff reports that the defendant has prevented the recovery of all or part of the property, the court may make an order, (a) directing the sheriff to take any other personal property of the defendant, to the value of the property that the sheriff was prevented from recovering, and give it to the plaintiff; and (b) directing the plaintiff to hold the substituted property until the defendant surrenders to the plaintiff the property that the sheriff was prevented from recovering.  R.R.O. 1990, Reg. 194, r. 44.08. RULE 45  INTERIM PRESERVATION OF PROPERTY
RULE 45 INTERIM PRESERVATION OF PROPERTY
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Interim Order for Preservation or Sale
 45.01 (1) The court may make an interim order for the custody or preservation of any property in question in a proceeding or relevant to an issue in a proceeding, and for that purpose may authorize entry on or into any property in the possession of a party or of a person not a party.  R.R.O. 1990, Reg. 194, r. 45.01 (1). (2) Where the property is of a perishable nature or likely to deteriorate or for any other reason ought to be sold, the court may order its sale in such manner and on such terms as are just.  R.R.O. 1990, Reg. 194, r. 45.01 (2).
Specific Fund
 45.02 Where the right of a party to a specific fund is in question, the court may order the fund to be paid into court or otherwise secured on such terms as are just.  R.R.O. 1990, Reg. 194, r. 45.02.
Recovery of Personal Property Held as Security
 45.03 (1) Where in a proceeding a party from whom the recovery of personal property is claimed does not dispute the title of the party making the claim, but claims the right to retain the property as security for a debt, the court may order the party claiming recovery of the property to pay into court or otherwise give security for the debt and such further sum, if any, for interest and costs as the court directs.  R.R.O. 1990, Reg. 194, r. 45.03 (1). (2) The affidavit in support of a motion under subrule (1) shall disclose the name of every person asserting a claim to possession of the property of whom the party claiming recovery has knowledge and every such person shall be served with notice of the motion.  R.R.O. 1990, Reg. 194, r. 45.03 (2). (3) On compliance with an order under subrule (1), the property shall be given to the party claiming recovery and the money in court or the security shall await the outcome of the proceeding.  R.R.O. 1990, Reg. 194, r. 45.03 (3). PRE-TRIAL PROCEDURES RULE 46  PLACE OF TRIAL
PRE-TRIAL PROCEDURES
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RULE 46 PLACE OF TRIAL
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County where Proceeding Commenced or Transferred
 46.01 The trial of an action shall be held in the county where the proceeding was commenced or to which it has been transferred under rule 13.1.02, unless the court orders otherwise.  O. Reg. 14/04, s. 25. RULE 47  JURY NOTICE
RULE 47 JURY NOTICE
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Actions to be Tried with a Jury
 47.01 A party to an action may require that the issues of fact be tried or the damages be assessed, or both, by a jury, by delivering a jury notice (Form 47A) at any time before the close of pleadings, unless section 108 of the Courts of Justice Act or another statute requires that the action be tried without a jury.  R.R.O. 1990, Reg. 194, r. 47.01. Striking out Jury Notice Where Jury Notice not in Accordance with Statute or Rules 47.02 (1) A motion may be made to the court to strike out a jury notice on the ground that, (a) a statute requires a trial without a jury; or (b) the jury notice was not delivered in accordance with rule 47.01.  R.R.O. 1990, Reg. 194, r. 47.02 (1); O. Reg. 344/19, s. 1. Where Jury Trial Inappropriate (2) A motion to strike out a jury notice on the ground that the action ought to be tried without a jury shall be made to a judge.  R.R.O. 1990, Reg. 194, r. 47.02 (2). Discretion of Trial Judge (3) Where an order striking out a jury notice is refused, the refusal does not affect the discretion of the trial judge, in a proper case, to try the action without a jury.  R.R.O. 1990, Reg. 194, r. 47.02 (3). RULE 48  LISTING FOR TRIAL
Striking out Jury Notice
 47.02 (1) A motion may be made to the court to strike out a jury notice on the ground that, (a) a statute requires a trial without a jury; or (b) the jury notice was not delivered in accordance with rule 47.01.  R.R.O. 1990, Reg. 194, r. 47.02 (1); O. Reg. 344/19, s. 1. Where Jury Trial Inappropriate (2) A motion to strike out a jury notice on the ground that the action ought to be tried without a jury shall be made to a judge.  R.R.O. 1990, Reg. 194, r. 47.02 (2). Discretion of Trial Judge (3) Where an order striking out a jury notice is refused, the refusal does not affect the discretion of the trial judge, in a proper case, to try the action without a jury.  R.R.O. 1990, Reg. 194, r. 47.02 (3). RULE 48  LISTING FOR TRIAL
RULE 48 LISTING FOR TRIAL
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When and by Whom Action may be Set down for Trial
 48.01 After the close of pleadings, any party to an action or to a counterclaim or crossclaim in the action who is not in default under these rules or an order of the court and who is ready for trial may set the action down for trial, together with any counterclaim or crossclaim.  R.R.O. 1990, Reg. 194, r. 48.01. How Action is Set down for Trial Defended Action 48.02 (1) Where an action is defended, a party who wishes to set it down for trial may do so by serving a trial record prepared in accordance with rule 48.03 on every party to the action or to a counterclaim or crossclaim in the action and on any third or subsequent party and forthwith filing the trial record with proof of service.  O. Reg. 396/91, s. 5. Undefended Action (2) Where the court orders the trial of an undefended action, a party who wishes to set it down for trial may do so by filing a trial record prepared in accordance with rule 48.03.  O. Reg. 396/91, s. 5. Defended Third Party Claim (3) Where an action is a defended third party claim, a party who wishes to set it down for trial shall, in addition to complying with subrule (1), serve the trial record in the third party claim on the plaintiff in the main action within the time for service on the parties to the third party claim and shall forthwith file proof of service.  O. Reg. 396/91, s. 5. Undefended Third Party Claim (4) Where an action is an undefended third party claim, a party who wishes to set it down for trial shall serve the trial record in the third party claim on the plaintiff in the main action and shall forthwith file proof of service.  O. Reg. 396/91, s. 5. Trial at Another Place (5) Where an action is to be tried at a place other than where it was commenced, the party filing the trial record shall by requisition require the court file, including the trial record, to be sent to the court office at the place of trial.  O. Reg. 396/91, s. 5.
How Action is Set down for Trial
 48.02 (1) Where an action is defended, a party who wishes to set it down for trial may do so by serving a trial record prepared in accordance with rule 48.03 on every party to the action or to a counterclaim or crossclaim in the action and on any third or subsequent party and forthwith filing the trial record with proof of service.  O. Reg. 396/91, s. 5. Undefended Action (2) Where the court orders the trial of an undefended action, a party who wishes to set it down for trial may do so by filing a trial record prepared in accordance with rule 48.03.  O. Reg. 396/91, s. 5. Defended Third Party Claim (3) Where an action is a defended third party claim, a party who wishes to set it down for trial shall, in addition to complying with subrule (1), serve the trial record in the third party claim on the plaintiff in the main action within the time for service on the parties to the third party claim and shall forthwith file proof of service.  O. Reg. 396/91, s. 5. Undefended Third Party Claim (4) Where an action is an undefended third party claim, a party who wishes to set it down for trial shall serve the trial record in the third party claim on the plaintiff in the main action and shall forthwith file proof of service.  O. Reg. 396/91, s. 5. Trial at Another Place (5) Where an action is to be tried at a place other than where it was commenced, the party filing the trial record shall by requisition require the court file, including the trial record, to be sent to the court office at the place of trial.  O. Reg. 396/91, s. 5.
Trial Record
 48.03 (1) The trial record shall contain, in the following order, (a) a table of contents, describing each document by its nature and date; (b) a copy of any jury notice; (c) a copy of the pleadings, including those relating to any counterclaim or crossclaim; (d)  Revoked:
O. Reg. 131/04, s. 12 (1). (e) a copy of any demand or order for particulars of a pleading and the particulars delivered in response; (f) a copy of any notice of amounts and particulars of special damages delivered under clause 25.06 (9) (b); (g) a copy of any order respecting the trial, including an order made under Rule 6.1; and (h) a certificate signed by the lawyer setting the action down, stating, (i) that the record contains the documents required by clauses (a) to (g), (ii) that the time for delivery of pleadings has expired, (iii) where applicable, that a defendant who has failed to deliver a statement of defence has been noted in default, and (iv) where applicable, that judgment has been obtained or that the action has been discontinued or dismissed against a defendant. R.R.O. 1990, Reg. 194, r. 48.03 (1); O. Reg. 131/04, s. 12 (1, 2); O. Reg. 575/07, s. 1; O. Reg. 438/08, s. 42 (1). (2) It is the responsibility of the party who filed the trial record to place with the record, before the trial, a copy of, (a) any notice of amounts and particulars of special damages delivered after the filing of the trial record; (b) any order respecting the trial made after the filing of the trial record; (c) any order under rule 50.07; (c.1) the pre-trial conference report under rule 50.08; and (d) in an undefended action, any affidavit to be used in evidence. (e), (f) Revoked:
O. Reg. 131/04, s. 12 (3). R.R.O. 1990, Reg. 194, r. 48.03 (2); O. Reg. 69/95, s. 19; O. Reg. 131/04, s. 12 (3); O. Reg. 575/07, s. 22; O. Reg. 438/08, s. 42 (2); O. Reg. 18/22, s. 1.
Consequences of Setting down
 48.04 (1) Subject to subrule (3), a party who has set an action down for trial shall not initiate or continue any motion or form of discovery without leave of the court. O. Reg. 343/21, s. 1. (2) Subrule (1) does not, (a) relieve a party from complying with undertakings given by the party on an examination for discovery; (b) relieve a party from any obligation imposed by, (0.i) rule 29.1.03 (requirement for discovery plan), (i) rule 30.07 (disclosure of documents or errors subsequently discovered), (ii) rule 30.09 (abandonment of claim of privilege), (iii) rule 31.07 (failure to answer on discovery), (iv) rule 31.09 (disclosure of information subsequently obtained), (v) rule 51.03 (duty to respond to request to admit), (vi) rule 53.03 (service of report of expert witness); or (vii)  Revoked:  O. Reg. 131/04, s. 13. (c) preclude a party from resorting to rule 51.02 (request to admit facts or documents).  R.R.O. 1990, Reg. 194, r. 48.04 (2); O. Reg. 131/04, s. 13; O. Reg. 260/05, s. 10; O. Reg. 438/08, s. 43. (3) Leave of the court is not required for a motion to compel compliance with any obligation imposed by a rule listed in clause (2) (b).  O. Reg. 436/10, s. 1 (2).
Placing Action on Trial List
 48.05 (1) On the setting down of an action for trial, the registrar at the place of trial shall place the action on the appropriate trial list. O. Reg. 343/21, s. 2. (2) In placing an action on a trial list, the registrar shall take into account any applicable pre-trial conference scheduling requirements in rule 50.02. O. Reg. 18/22, s. 2. 48.06 Revoked: O. Reg. 343/21, s. 2.
Consequences of Action being Placed on Trial List
 48.07 Where an action is placed on a trial list, (a) all parties shall be deemed to be ready for trial; and (b)  Revoked:  O. Reg. 438/08, s. 44. (c) the trial shall proceed when the action is reached on the trial list unless a judge orders otherwise.  R.R.O. 1990, Reg. 194, r. 48.07; O. Reg. 438/08, s. 44.
Separate Trial Lists
 48.08 (1) Actions to be tried with a jury shall be placed on a trial list of jury actions and actions to be tried without a jury shall be placed on a trial list of non-jury actions.  R.R.O. 1990, Reg. 194, r. 48.08 (1). (2) Where the next scheduled sitting in a place outside Toronto is for the trial of jury actions, the trial list of non-jury actions shall be added at the end of the trial list of jury actions.  R.R.O. 1990, Reg. 194, r. 48.08 (2).
Separate Speedy Trial List
 48.09 The registrar shall keep a separate speedy trial list on which only actions for which a speedy trial has been ordered shall be listed.  R.R.O. 1990, Reg. 194, r. 48.09.
Actions Traversed or Remaining on List at Conclusion of Sitting
 48.10 Unless a judge orders otherwise, all actions traversed to the next sitting and all actions remaining on the trial list at the conclusion of a sitting shall stand in the same order at the beginning of the next appropriate trial list.  R.R.O. 1990, Reg. 194, r. 48.10.
Actions Struck off Trial List
 48.11 Where an action is struck off a trial list, it shall not thereafter be placed on any trial list except, (a) in the case of an action struck off the list by a judge, with leave of a judge; or (b) in any other case, with leave of the court.  O. Reg. 55/08, s. 4.
Duty to Inform Registrar of Settlement
 48.12 Every party to an action, whether it is placed on a trial list or not, shall promptly inform the registrar of any settlement of the action and shall confirm in writing that the action has been settled.  R.R.O. 1990, Reg. 194, r. 48.12.
Application of the Rule
 48.13 Rules 48.01 to 48.12 apply to any proceeding in which the court has directed the trial of an issue, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 48.13.
RULE 49 OFFER TO SETTLE
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Definitions
 49.01 In rules 49.02 to 49.14, “defendant” includes a respondent; (“défendeur”) “plaintiff” includes an applicant. (“demandeur”)  R.R.O. 1990, Reg. 194, r. 49.01.
Where Available
 49.02 (1) A party to a proceeding may serve on any other party an offer to settle any one or more of the claims in the proceeding on the terms specified in the offer to settle (Form 49A).  R.R.O. 1990, Reg. 194, r. 49.02 (1). (2) Subrule (1) and rules 49.03 to 49.14 also apply to motions, with necessary modifications.  O. Reg. 627/98, s. 4.
Time for Making Offer
 49.03 An offer to settle may be made at any time, but where the offer to settle is made less than seven days before the hearing commences, the costs consequences referred to in rule 49.10 do not apply.  R.R.O. 1990, Reg. 194, r. 49.03. Withdrawal or Expiry of Offer Withdrawal 49.04 (1) An offer to settle may be withdrawn at any time before it is accepted by serving written notice of withdrawal of the offer on the party to whom the offer was made.  R.R.O. 1990, Reg. 194, r. 49.04 (1). (2) The notice of withdrawal of the offer may be in Form 49B.  R.R.O. 1990, Reg. 194, r. 49.04 (2). Offer Expiring after Limited Time (3) Where an offer to settle specifies a time within which it may be accepted and it is not accepted or withdrawn within that time, it shall be deemed to have been withdrawn when the time expires.  R.R.O. 1990, Reg. 194, r. 49.04 (3). Offer Expires when Court Disposes of Claim (4) An offer may not be accepted after the court disposes of the claim in respect of which the offer is made.  R.R.O. 1990, Reg. 194, r. 49.04 (4).
Withdrawal or Expiry of Offer
 49.04 (1) An offer to settle may be withdrawn at any time before it is accepted by serving written notice of withdrawal of the offer on the party to whom the offer was made.  R.R.O. 1990, Reg. 194, r. 49.04 (1). (2) The notice of withdrawal of the offer may be in Form 49B.  R.R.O. 1990, Reg. 194, r. 49.04 (2). Offer Expiring after Limited Time (3) Where an offer to settle specifies a time within which it may be accepted and it is not accepted or withdrawn within that time, it shall be deemed to have been withdrawn when the time expires.  R.R.O. 1990, Reg. 194, r. 49.04 (3). Offer Expires when Court Disposes of Claim (4) An offer may not be accepted after the court disposes of the claim in respect of which the offer is made.  R.R.O. 1990, Reg. 194, r. 49.04 (4).
Effect of Offer
 49.05 An offer to settle shall be deemed to be an offer of compromise made without prejudice.  R.R.O. 1990, Reg. 194, r. 49.05; O. Reg. 132/04, s. 11.
Disclosure of Offer to Court
 49.06 (1) No statement of the fact that an offer to settle has been made shall be contained in any pleading.  R.R.O. 1990, Reg. 194, r. 49.06 (1). (2) Where an offer to settle is not accepted, no communication respecting the offer shall be made to the court at the hearing of the proceeding until all questions of liability and the relief to be granted, other than costs, have been determined.  R.R.O. 1990, Reg. 194, r. 49.06 (2). (3) An offer to settle shall not be filed until all questions of liability and the relief to be granted in the proceeding, other than costs, have been determined.  R.R.O. 1990, Reg. 194, r. 49.06 (3). Acceptance of Offer Generally 49.07 (1) An offer to settle may be accepted by serving an acceptance of offer (Form 49C) on the party who made the offer, at any time before it is withdrawn or the court disposes of the claim in respect of which it is made.  R.R.O. 1990, Reg. 194, r. 49.07 (1). (2) Where a party to whom an offer to settle is made rejects the offer or responds with a counter-offer that is not accepted, the party may thereafter accept the original offer to settle, unless it has been withdrawn or the court has disposed of the claim in respect of which it was made.  R.R.O. 1990, Reg. 194, r. 49.07 (2). Payment into Court or to Trustee as Term of Offer (3) An offer by a plaintiff to settle a claim in return for the payment of money by a defendant may include a term that the defendant pay the money into court or to a trustee and the defendant may accept the offer only by paying the money in accordance with the offer and notifying the plaintiff of the payment.  R.R.O. 1990, Reg. 194, r. 49.07 (3). Payment into Court or to Trustee as a Condition of Acceptance (4) Where a defendant offers to pay money to the plaintiff in settlement of a claim, the plaintiff may accept the offer with the condition that the defendant pay the money into court or to a trustee and, where the offer is so accepted and the defendant fails to pay the money in accordance with the acceptance, the plaintiff may proceed as provided in rule 49.09 for failure to comply with the terms of an accepted offer.  R.R.O. 1990, Reg. 194, r. 49.07 (4). Costs (5) Where an accepted offer to settle does not provide for the disposition of costs, the plaintiff is entitled, (a) where the offer was made by the defendant, to the plaintiff’s costs assessed to the date the plaintiff was served with the offer; or (b) where the offer was made by the plaintiff, to the plaintiff’s costs assessed to the date that the notice of acceptance was served.  R.R.O. 1990, Reg. 194, r. 49.07 (5). Incorporating into Judgment (6) Where an offer is accepted, the court may incorporate any of its terms into a judgment.  R.R.O. 1990, Reg. 194, r. 49.07 (6). Payment out of Court (7) Where money is paid into court under subrule (3) or (4), it may be paid out on consent or by order.  R.R.O. 1990, Reg. 194, r. 49.07 (7).
Acceptance of Offer
 49.07 (1) An offer to settle may be accepted by serving an acceptance of offer (Form 49C) on the party who made the offer, at any time before it is withdrawn or the court disposes of the claim in respect of which it is made.  R.R.O. 1990, Reg. 194, r. 49.07 (1). (2) Where a party to whom an offer to settle is made rejects the offer or responds with a counter-offer that is not accepted, the party may thereafter accept the original offer to settle, unless it has been withdrawn or the court has disposed of the claim in respect of which it was made.  R.R.O. 1990, Reg. 194, r. 49.07 (2). Payment into Court or to Trustee as Term of Offer (3) An offer by a plaintiff to settle a claim in return for the payment of money by a defendant may include a term that the defendant pay the money into court or to a trustee and the defendant may accept the offer only by paying the money in accordance with the offer and notifying the plaintiff of the payment.  R.R.O. 1990, Reg. 194, r. 49.07 (3). Payment into Court or to Trustee as a Condition of Acceptance (4) Where a defendant offers to pay money to the plaintiff in settlement of a claim, the plaintiff may accept the offer with the condition that the defendant pay the money into court or to a trustee and, where the offer is so accepted and the defendant fails to pay the money in accordance with the acceptance, the plaintiff may proceed as provided in rule 49.09 for failure to comply with the terms of an accepted offer.  R.R.O. 1990, Reg. 194, r. 49.07 (4). Costs (5) Where an accepted offer to settle does not provide for the disposition of costs, the plaintiff is entitled, (a) where the offer was made by the defendant, to the plaintiff’s costs assessed to the date the plaintiff was served with the offer; or (b) where the offer was made by the plaintiff, to the plaintiff’s costs assessed to the date that the notice of acceptance was served.  R.R.O. 1990, Reg. 194, r. 49.07 (5). Incorporating into Judgment (6) Where an offer is accepted, the court may incorporate any of its terms into a judgment.  R.R.O. 1990, Reg. 194, r. 49.07 (6). Payment out of Court (7) Where money is paid into court under subrule (3) or (4), it may be paid out on consent or by order.  R.R.O. 1990, Reg. 194, r. 49.07 (7).
Parties under Disability
 49.08 A party under disability may make, withdraw and accept an offer to settle, but if approval of the settlement is required under rule 7.08,  no acceptance of an offer made by the party and no acceptance by the party of an offer made by another party is binding on the party until that approval has been given. O. Reg. 281/16, s. 6.
Failure to Comply with Accepted Offer
 49.09 Where a party to an accepted offer to settle fails to comply with the terms of the offer, the other party may, (a) make a motion to a judge for judgment in the terms of the accepted offer, and the judge may grant judgment accordingly; or (b) continue the proceeding as if there had been no accepted offer to settle.  R.R.O. 1990, Reg. 194, r. 49.09. Costs Consequences of Failure to Accept Plaintiff’s Offer 49.10 (1) Where an offer to settle, (a) is made by a plaintiff at least seven days before the commencement of the hearing; (b) is not withdrawn and does not expire before the commencement of the hearing; and (c) is not accepted by the defendant, and the plaintiff obtains a judgment as favourable as or more favourable than the terms of the offer to settle, the plaintiff is entitled to partial indemnity costs to the date the offer to settle was served and substantial indemnity costs from that date, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 49.10 (1); O. Reg. 284/01, s. 11 (1). Defendant’s Offer (2) Where an offer to settle, (a) is made by a defendant at least seven days before the commencement of the hearing; (b) is not withdrawn and does not expire before the commencement of the hearing; and (c) is not accepted by the plaintiff, and the plaintiff obtains a judgment as favourable as or less favourable than the terms of the offer to settle, the plaintiff is entitled to partial indemnity costs to the date the offer was served and the defendant is entitled to partial indemnity costs from that date, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 49.10 (2); O. Reg. 284/01, s. 11 (2). Burden of Proof (3) The burden of proving that the judgment is as favourable as the terms of the offer to settle, or more or less favourable, as the case may be, is on the party who claims the benefit of subrule (1) or (2).  O. Reg. 219/91, s. 6.
Costs Consequences of Failure to Accept
 49.10 (1) Where an offer to settle, (a) is made by a plaintiff at least seven days before the commencement of the hearing; (b) is not withdrawn and does not expire before the commencement of the hearing; and (c) is not accepted by the defendant, and the plaintiff obtains a judgment as favourable as or more favourable than the terms of the offer to settle, the plaintiff is entitled to partial indemnity costs to the date the offer to settle was served and substantial indemnity costs from that date, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 49.10 (1); O. Reg. 284/01, s. 11 (1). Defendant’s Offer (2) Where an offer to settle, (a) is made by a defendant at least seven days before the commencement of the hearing; (b) is not withdrawn and does not expire before the commencement of the hearing; and (c) is not accepted by the plaintiff, and the plaintiff obtains a judgment as favourable as or less favourable than the terms of the offer to settle, the plaintiff is entitled to partial indemnity costs to the date the offer was served and the defendant is entitled to partial indemnity costs from that date, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 49.10 (2); O. Reg. 284/01, s. 11 (2). Burden of Proof (3) The burden of proving that the judgment is as favourable as the terms of the offer to settle, or more or less favourable, as the case may be, is on the party who claims the benefit of subrule (1) or (2).  O. Reg. 219/91, s. 6.