Where Trial is Necessary
 20.05 (1) Where summary judgment is refused or is granted only in part, the court may make an order specifying what material facts are not in dispute and defining the issues to be tried, and order that the action proceed to trial expeditiously.  O. Reg. 438/08, s. 14. Directions and Terms (2) If an action is ordered to proceed to trial under subrule (1), the court may give such directions or impose such terms as are just, including an order, (a) that each party deliver, within a specified time, an affidavit of documents in accordance with the court’s directions; (b) that any motions be brought within a specified time; (c) that a statement setting out what material facts are not in dispute be filed within a specified time; (d) that examinations for discovery be conducted in accordance with a discovery plan established by the court, which may set a schedule for examinations and impose such limits on the right of discovery as are just, including a limit on the scope of discovery to matters not covered by the affidavits or any other evidence filed on the motion and any cross-examinations on them; (e) that a discovery plan agreed to by the parties under Rule 29.1 (discovery plan) be amended; (f) that the affidavits or any other evidence filed on the motion and any cross-examinations on them may be used at trial in the same manner as an examination for discovery; (g) that any examination of a person under Rule 36 (taking evidence before trial) be subject to a time limit; (h) that a party deliver, within a specified time, a written summary of the anticipated evidence of a witness; (i) that any oral examination of a witness at trial be subject to a time limit; (j) that the evidence of a witness be given in whole or in part by affidavit; (j.1) that any oral examination of a person or witness proceed by video conference; (k) that any experts engaged by or on behalf of the parties in relation to the action meet on a without prejudice basis in order to identify the issues on which the experts agree and the issues on which they do not agree, to attempt to clarify and resolve any issues that are the subject of disagreement and to prepare a joint statement setting out the areas of agreement and any areas of disagreement and the reasons for it if, in the opinion of the court, the cost or time savings or other benefits that may be achieved from the meeting are proportionate to the amounts at stake or the importance of the issues involved in the case and, (i) there is a reasonable prospect for agreement on some or all of the issues, or (ii) the rationale for opposing expert opinions is unknown and clarification on areas of disagreement would assist the parties or the court; (l) that each of the parties deliver a concise summary of his or her opening statement; (m) that the parties appear before the court by a specified date, at which appearance the court may make any order that may be made under this subrule; (n) that the action be set down for trial on a particular date or on a particular trial list, subject to the direction of the regional senior judge; (o) for payment into court of all or part of the claim; and (p) for security for costs.  O. Reg. 438/08, s. 14; O. Reg. 689/20, s. 19. Specified Facts (3) At the trial, any facts specified under subrule (1) or clause (2) (c) shall be deemed to be established unless the trial judge orders otherwise to prevent injustice.  O. Reg. 438/08, s. 14. Order re Affidavit Evidence (4) In deciding whether to make an order under clause (2) (j), the fact that an adverse party may reasonably require the attendance of the deponent at trial for cross-examination is a relevant consideration.  O. Reg. 438/08, s. 14. Order re Experts, Costs (5) If an order is made under clause (2) (k), each party shall bear his or her own costs.  O. Reg. 438/08, s. 14. Failure to Comply with Order (6) Where a party fails to comply with an order under clause (2) (o) for payment into court or under clause (2) (p) for security for costs, the court on motion of the opposite party may dismiss the action, strike out the statement of defence or make such other order as is just.  O. Reg. 438/08, s. 14. (7) Where on a motion under subrule (6) the statement of defence is struck out, the defendant shall be deemed to be noted in default.  O. Reg. 438/08, s. 14.