O. Reg. 77/06: RULES OF CIVIL PROCEDURE, Filed March 10, 2006 under Courts of Justice Act, R.S.O. 1990, c. C.43
ontario regulation 77/06
made under the
courts of justice act
Made: November 30, 2005
Approved: March 9, 2006
Filed: March 10, 2006
Published on e-Laws: March 13, 2006
Printed in The Ontario Gazette: March 25, 2006
Amending Reg. 194 of R.R.O. 1990
(Rules of Civil Procedure)
1. Rule 1.06 of Regulation 194 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:
FORMS
Use of Forms
1.06 (1) The forms prescribed by these rules shall be used where applicable and with such variations as the circumstances require.
Table of Forms
(2) In these rules, when a form is referred to by number, the reference is to the form with that number that is described in the Table of Forms at the end of these rules and is available on the Internet through www.ontariocourtforms.on.ca.
2. The Table of Forms to the Regulation is revoked and the following substituted:
TABLE OF FORMS
|
Form Number |
Form Title |
Date of Form |
|
4A |
General Heading of Documents — Actions |
November 1, 2005 |
|
4B |
General Heading of Documents — Applications |
November 1, 2005 |
|
4C |
Backsheet |
November 1, 2005 |
|
4D |
Affidavit |
November 1, 2005 |
|
4E |
Requisition |
November 1, 2005 |
|
4F |
Notice of Constitutional Question |
November 1, 2005 |
|
7A |
Request for Appointment of Litigation Guardian |
November 1, 2005 |
|
7B |
Order to Continue (Minor Reaching Age of Majority) |
November 1, 2005 |
|
8A |
Notice to Alleged Partner |
November 1, 2005 |
|
11A |
Order to Continue (Transfer or Transmission of Interest) |
November 1, 2005 |
|
14A |
Statement of Claim (General) |
November 1, 2005 |
|
14B |
Statement of Claim (Mortgage Action — Foreclosure) |
November 1, 2005 |
|
14C |
Notice of Action |
November 1, 2005 |
|
14D |
Statement of Claim (Action Commenced by Notice of Action) |
November 1, 2005 |
|
14E |
Notice of Application |
November 1, 2005 |
|
14F |
Information for Court Use |
November 1, 2005 |
|
15A |
Notice of Change of Solicitors |
November 1, 2005 |
|
15B |
Notice of Appointment of Solicitor |
November 1, 2005 |
|
15C |
Notice of Intention to Act in Person |
November 1, 2005 |
|
16A |
Acknowledgment of Receipt Card |
November 1, 2005 |
|
16B |
Affidavit of Service |
November 1, 2005 |
|
16C |
Certificate of Service by Sheriff |
November 1, 2005 |
|
17A |
Request for Service Abroad of Judicial or Extrajudicial Documents |
November 1, 2005 |
|
17B |
Summary of the Document to be Served |
November 1, 2005 |
|
17C |
Notice and Summary of Document |
November 1, 2005 |
|
18A |
Statement of Defence |
November 1, 2005 |
|
18B |
Notice of Intent to Defend |
November 1, 2005 |
|
19A |
Default Judgment (Debt or Liquidated Demand) |
November 1, 2005 |
|
19B |
Default Judgment (Recovery of Possession of Land) |
November 1, 2005 |
|
19C |
Default Judgment (Recovery of Possession of Personal Property) |
November 1, 2005 |
|
19D |
Requisition for Default Judgment |
November 1, 2005 |
|
22A |
Special Case |
November 1, 2005 |
|
23A |
Notice of Discontinuance |
November 1, 2005 |
|
23B |
Notice of Election to Proceed with Counterclaim |
November 1, 2005 |
|
23C |
Notice of Withdrawal of Defence |
November 1, 2005 |
|
24.1A |
Notice of Name of Mediator and Date of Session |
November 1, 2005 |
|
24.1B |
Notice by Assigned Mediator |
November 1, 2005 |
|
24.1C |
Statement of Issues |
November 1, 2005 |
|
24.1D |
Certificate of Non-Compliance |
November 1, 2005 |
|
25A |
Reply |
November 1, 2005 |
|
27A |
Counterclaim (Against Parties to Main Action Only) |
November 1, 2005 |
|
27B |
Counterclaim (Against Plaintiff and Person not Already Party to Main Action) |
November 1, 2005 |
|
27C |
Defence to Counterclaim |
November 1, 2005 |
|
27D |
Reply to Defence to Counterclaim |
November 1, 2005 |
|
28A |
Crossclaim |
November 1, 2005 |
|
28B |
Defence to Crossclaim |
November 1, 2005 |
|
28C |
Reply to Defence to Crossclaim |
November 1, 2005 |
|
29A |
Third Party Claim |
November 1, 2005 |
|
29B |
Third Party Defence |
November 1, 2005 |
|
29C |
Reply to Third Party Defence |
November 1, 2005 |
|
30A |
Affidavit of Documents (Individual) |
November 1, 2005 |
|
30B |
Affidavit of Documents (Corporation or Partnership) |
November 1, 2005 |
|
30C |
Request to Inspect Documents |
November 1, 2005 |
|
34A |
Notice of Examination |
November 1, 2005 |
|
34B |
Summons to Witness (Examination out of Court) |
November 1, 2005 |
|
34C |
Commission |
November 1, 2005 |
|
34D |
Letter of Request |
November 1, 2005 |
|
34E |
Order for Commission and Letter of Request |
November 1, 2005 |
|
35A |
Questions on Written Examination for Discovery |
November 1, 2005 |
|
35B |
Answers on Written Examination for Discovery |
November 1, 2005 |
|
37A |
Notice of Motion |
November 1, 2005 |
|
37B |
Confirmation of Motion |
November 1, 2005 |
|
37C |
Refusals and Undertakings Chart |
November 1, 2005 |
|
38A |
Notice of Appearance |
November 1, 2005 |
|
38B |
Confirmation of Application |
November 1, 2005 |
|
42A |
Certificate of Pending Litigation |
November 1, 2005 |
|
43A |
Interpleader Order — General |
November 1, 2005 |
|
44A |
Bond — Interim Recovery of Personal Property |
November 1, 2005 |
|
47A |
Jury Notice |
November 1, 2005 |
|
48C |
Status Notice |
November 1, 2005 |
|
48D |
Order Dismissing Action for Delay |
November 1, 2005 |
|
49A |
Offer to Settle |
November 1, 2005 |
|
49B |
Notice of Withdrawal of Offer |
November 1, 2005 |
|
49C |
Acceptance of Offer |
November 1, 2005 |
|
49D |
Offer to Contribute |
November 1, 2005 |
|
51A |
Request to Admit |
November 1, 2005 |
|
51B |
Response to Request to Admit |
November 1, 2005 |
|
53A |
Summons to Witness (at Hearing) |
November 1, 2005 |
|
53B |
Warrant for Arrest (Defaulting Witness) |
November 1, 2005 |
|
53C |
Summons to a Witness Outside Ontario |
November 1, 2005 |
|
53D |
Order for Attendance of Witness in Custody |
November 1, 2005 |
|
55A |
Notice of Hearing for Directions |
November 1, 2005 |
|
55B |
Notice to Party Added on Reference |
November 1, 2005 |
|
55C |
Report on Reference (Administration of Estate) |
November 1, 2005 |
|
55D |
Notice of Contested Claim |
November 1, 2005 |
|
55E |
Notice to Creditor |
November 1, 2005 |
|
55F |
Conditions of Sale |
November 1, 2005 |
|
55G |
Interim Report on Sale |
November 1, 2005 |
|
56A |
Order for Security for Costs |
November 1, 2005 |
|
57A |
Bill of Costs |
November 1, 2005 |
|
57B |
Costs Outline |
November 1, 2005 |
|
58A |
Notice of Appointment for Assessment of Costs |
November 1, 2005 |
|
58B |
Notice to Deliver a Bill of Costs for Assessment |
November 1, 2005 |
|
58C |
Certificate of Assessment of Costs |
November 1, 2005 |
|
59A |
Order |
November 1, 2005 |
|
59B |
Judgment |
November 1, 2005 |
|
59C |
Order on Appeal |
November 1, 2005 |
|
60A |
Writ of Seizure and Sale |
November 1, 2005 |
|
60B |
Writ of Sequestration |
November 1, 2005 |
|
60C |
Writ of Possession |
November 1, 2005 |
|
60D |
Writ of Delivery |
November 1, 2005 |
|
60E |
Request to Renew |
November 1, 2005 |
|
60F |
Direction to Enforce Writ of Seizure and Sale |
November 1, 2005 |
|
60G |
Requisition for Garnishment |
November 1, 2005 |
|
60G.1 |
Requisition for Renewal of Garnishment |
November 1, 2005 |
|
60H |
Notice of Garnishment |
November 1, 2005 |
|
60H.1 |
Notice of Renewal of Garnishment |
November 1, 2005 |
|
60I |
Garnishee’s Statement |
November 1, 2005 |
|
60I.1 |
Notice to Co-owner of the Debt |
November 1, 2005 |
|
60J |
Notice of Termination of Garnishment |
November 1, 2005 |
|
60K |
Warrant for Arrest (Contempt) |
November 1, 2005 |
|
60L |
Warrant of Committal |
November 1, 2005 |
|
60M |
Notice of Claim |
November 1, 2005 |
|
60N |
Sheriff’s Report |
November 1, 2005 |
|
60O |
Request to Withdraw a Writ |
November 1, 2005 |
|
61A |
Notice of Appeal to an Appellate Court |
November 1, 2005 |
|
61B |
General Heading in Proceedings in Appellate Courts |
November 1, 2005 |
|
61C |
Appellant’s Certificate Respecting Evidence |
November 1, 2005 |
|
61D |
Respondent’s Certificate Respecting Evidence |
November 1, 2005 |
|
61E |
Notice of Cross-Appeal |
November 1, 2005 |
|
61F |
Supplementary Notice of Appeal or Cross-Appeal |
November 1, 2005 |
|
61G |
Notice of Listing for Hearing (Appeal) |
November 1, 2005 |
|
61H |
Certificate of Completeness of Appeal Book and Compendium |
November 1, 2005 |
|
61I |
Order Dismissing Appeal or Cross-Appeal for Delay |
November 1, 2005 |
|
61J |
Order Dismissing Motion for Leave to Appeal for Delay |
November 1, 2005 |
|
61J.1 |
Order Dismissing Motion for Delay |
November 1, 2005 |
|
61K |
Notice of Abandonment of Appeal or Cross-Appeal |
November 1, 2005 |
|
61L |
Notice of Election to Proceed with Cross-Appeal |
November 1, 2005 |
|
62A |
Notice of Appeal to a Judge |
November 1, 2005 |
|
63A |
Certificate of Stay |
November 1, 2005 |
|
63B |
Certificate of Stay |
November 1, 2005 |
|
64A |
Request to Redeem |
November 1, 2005 |
|
64B |
Default Judgment for Foreclosure with a Reference |
November 1, 2005 |
|
64C |
Default Judgment for Immediate Foreclosure |
November 1, 2005 |
|
64D |
Default Judgment for Foreclosure without a Reference |
November 1, 2005 |
|
64E |
Final Order of Foreclosure |
November 1, 2005 |
|
64F |
Request for Sale |
November 1, 2005 |
|
64G |
Default Judgment for Sale with a Redemption Period (Action Converted from Foreclosure to Sale) |
November 1, 2005 |
|
64H |
Default Judgment for Immediate Sale (Action Converted from Foreclosure to Sale) |
November 1, 2005 |
|
64I |
Default Judgment for Sale Conditional on Proof of Claim (Action Converted from Foreclosure to Sale) |
November 1, 2005 |
|
64J |
Default Judgment for Immediate Sale |
November 1, 2005 |
|
64K |
Default Judgment for Sale with a Redemption Period |
November 1, 2005 |
|
64L |
Final Order for Sale |
November 1, 2005 |
|
64M |
Default Judgment for Redemption |
November 1, 2005 |
|
64N |
Notice of Reference to Subsequent Encumbrancer Added on Reference |
November 1, 2005 |
|
64O |
Notice of Reference to Subsequent Encumbrancer Named as Original Party |
November 1, 2005 |
|
64P |
Notice of Reference to Original Defendants |
November 1, 2005 |
|
64Q |
Notice to Added Defendant Having Interest in Equity |
November 1, 2005 |
|
65A |
Judgment for Administration of Estate |
November 1, 2005 |
|
66A |
Judgment for Partition or Sale |
November 1, 2005 |
|
68A |
Notice of Application to Divisional Court for Judicial Review |
November 1, 2005 |
|
68B |
Notice of Listing for Hearing (Judicial Review) |
November 1, 2005 |
|
68C |
Order Dismissing Application for Judicial Review |
November 1, 2005 |
|
72A |
Notice of Payment into Court |
November 1, 2005 |
|
72B |
Affidavit (Motion for Payment Out of Court) |
November 1, 2005 |
|
72C |
Stop Order |
November 1, 2005 |
|
73A |
Notice of Application for Registration of United Kingdom Judgment |
November 1, 2005 |
|
74.1 |
Notice to Estate Registrar of Deposit of Will or Codicil |
November 1, 2005 |
|
74.2 |
Notice to Estate Registrar of Withdrawal of Will or Codicil |
November 1, 2005 |
|
74.3 |
Request for Notice of Commencement of Proceeding |
November 1, 2005 |
|
74.4 |
Application for Certificate of Appointment of Estate Trustee with a Will (Individual Applicant) |
November 1, 2005 |
|
74.4.1 |
Application for Certificate of Appointment of Estate Trustee with a Will (Individual Applicant) Limited to Assets Referred to In the Will |
November 1, 2005 |
|
74.5 |
Application for Certificate of Appointment of Estate Trustee with a Will (Corporate Applicant) |
November 1, 2005 |
|
74.5.1 |
Application for Certificate of Appointment of Estate Trustee with a Will (Corporate Applicant) Limited to Assets Referred to in the Will |
November 1, 2005 |
|
74.6 |
Affidavit of Service of Notice |
November 1, 2005 |
|
74.7 |
Notice of an Application for a Certificate of Appointment of Estate Trustee with a Will |
November 1, 2005 |
|
74.8 |
Affidavit of Execution of Will or Codicil |
November 1, 2005 |
|
74.9 |
Affidavit Attesting to the Handwriting and Signature of a Holograph Will or Codicil |
November 1, 2005 |
|
74.10 |
Affidavit of Condition of Will or Codicil |
November 1, 2005 |
|
74.11 |
Renunciation of Right to a Certificate of Appointment of Estate Trustee (or Succeeding Estate Trustee) with a Will |
November 1, 2005 |
|
74.12 |
Consent to Applicant’s Appointment as Estate Trustee with a Will |
November 1, 2005 |
|
74.13 |
Certificate of Appointment of Estate Trustee with a Will |
November 1, 2005 |
|
74.13.1 |
Certificate of Appointment of Estate Trustee with a Will Limited to the Assets Referred to in the Will |
November 1, 2005 |
|
74.14 |
Application for Certificate of Appointment of Estate Trustee without a Will (Individual Applicant) |
November 1, 2005 |
|
74.15 |
Application for Certificate of Appointment of Estate Trustee without a Will (Corporate Applicant) |
November 1, 2005 |
|
74.16 |
Affidavit of Service of Notice |
November 1, 2005 |
|
74.17 |
Notice of an Application for a Certificate of Appointment of Estate Trustee without a Will |
November 1, 2005 |
|
74.18 |
Renunciation of Prior Right to a Certificate of Appointment of Estate Trustee without a Will |
November 1, 2005 |
|
74.19 |
Consent to Applicant’s Appointment as Estate Trustee without a Will |
November 1, 2005 |
|
74.20 |
Certificate of Appointment of Estate Trustee without a Will |
November 1, 2005 |
|
74.20.1 |
Application for Certificate of Appointment of a Foreign Estate Trustee’s Nominee as Estate Trustee without a Will |
November 1, 2005 |
|
74.20.2 |
Nomination of Applicant by Foreign Estate Trustee |
November 1, 2005 |
|
74.20.3 |
Certificate of Appointment of Foreign Estate Trustee’s Nominee as Estate Trustee without a Will |
November 1, 2005 |
|
74.21 |
Application for Certificate of Appointment as Succeeding Estate Trustee with a Will |
November 1, 2005 |
|
74.22 |
Consent to Applicant’s Appointment as Succeeding Estate Trustee with a Will |
November 1, 2005 |
|
74.23 |
Certificate of Appointment of Succeeding Estate Trustee with a Will |
November 1, 2005 |
|
74.24 |
Application for Certificate of Appointment as Succeeding Estate Trustee without a Will |
November 1, 2005 |
|
74.25 |
Consent to Applicant’s Appointment as Succeeding Estate Trustee without a Will |
November 1, 2005 |
|
74.26 |
Certificate of Appointment of Succeeding Estate Trustee without a Will |
November 1, 2005 |
|
74.27 |
Application for Confirmation by Resealing of Appointment or Certificate of Ancillary Appointment of Estate Trustee |
November 1, 2005 |
|
74.28 |
Confirmation by Resealing of Appointment of Estate Trustee |
November 1, 2005 |
|
74.29 |
Certificate of Ancillary Appointment of Estate Trustee with a Will |
November 1, 2005 |
|
74.30 |
Application for Certificate of Appointment of Estate Trustee During Litigation |
November 1, 2005 |
|
74.31 |
Certificate of Appointment of Estate Trustee During Litigation |
November 1, 2005 |
|
74.32 |
Bond — Insurance or Guarantee Company |
November 1, 2005 |
|
74.33 |
Bond — Personal Sureties |
November 1, 2005 |
|
74.34 |
Registrar’s Notice to Estate Trustee Named in a Deposited Will of Application for Certificate of Appointment of Estate Trustee with a Will |
November 1, 2005 |
|
74.35 |
Registrar’s Notice to Estate Trustee Named in a Deposited Will of Application for Certificate of Appointment of Estate Trustee without a Will |
November 1, 2005 |
|
74.36 |
Order to Accept or Refuse Appointment as Estate Trustee with a Will |
November 1, 2005 |
|
74.37 |
Order to Accept or Refuse Appointment as Estate Trustee without a Will |
November 1, 2005 |
|
74.38 |
Order to Consent or Object to a Proposed Appointment of an Estate Trustee with or without a Will |
November 1, 2005 |
|
74.39 |
Order to File a Statement of Assets of the Estate |
November 1, 2005 |
|
74.40 |
Order to Beneficiary Witness |
November 1, 2005 |
|
74.41 |
Order to Former Spouse |
November 1, 2005 |
|
74.42 |
Order to Pass Accounts |
November 1, 2005 |
|
74.43 |
Affidavit Verifying Estate Accounts |
November 1, 2005 |
|
74.44 |
Notice of Application to Pass Accounts |
November 1, 2005 |
|
74.45 |
Notice of Objection to Accounts |
November 1, 2005 |
|
74.46 |
Notice of No Objection to Accounts |
November 1, 2005 |
|
74.46.1 |
Notice of Non-Participation in Passing of Accounts |
November 1, 2005 |
|
74.47 |
Affidavit in Support of Unopposed Judgment on Passing of Accounts |
November 1, 2005 |
|
74.48 |
Notice of Withdrawal of Objection |
November 1, 2005 |
|
74.49 |
Request for Costs (Person other than Children’s Lawyer or Public Guardian and Trustee) |
November 1, 2005 |
|
74.49.1 |
Request for Costs (Children’s Lawyer or Public Guardian and Trustee) |
November 1, 2005 |
|
74.49.2 |
Request for Increased Costs (Estate Trustee) |
November 1, 2005 |
|
74.49.3 |
Request for Increased Costs (Person other than Estate Trustee) |
November 1, 2005 |
|
74.50 |
Judgment on Unopposed Passing of Accounts |
November 1, 2005 |
|
74.51 |
Judgment on Contested Passing of Accounts |
November 1, 2005 |
|
75.1 |
Notice of Objection |
November 1, 2005 |
|
75.1A |
Request for Assignment of Mediator |
November 1, 2005 |
|
75.1B |
Notice by Mediator |
November 1, 2005 |
|
75.1C |
Statement of Issues |
November 1, 2005 |
|
75.1D |
Certificate of Non-Compliance |
November 1, 2005 |
|
75.2 |
Notice that Objection has been Filed |
November 1, 2005 |
|
75.3 |
Notice to Objector |
November 1, 2005 |
|
75.4 |
Notice of Appearance |
November 1, 2005 |
|
75.5 |
Notice of Application for Directions |
November 1, 2005 |
|
75.6 |
Notice of Motion for Directions |
November 1, 2005 |
|
75.7 |
Statement of Claim Pursuant to Order Giving Directions |
November 1, 2005 |
|
75.8 |
Order Giving Directions Where Pleadings Directed |
November 1, 2005 |
|
75.9 |
Order Giving Directions Where Trial of Issues Directed |
November 1, 2005 |
|
75.10 |
Statement of Submission of Rights to the Court |
November 1, 2005 |
|
75.11 |
Notice of Settlement |
November 1, 2005 |
|
75.12 |
Rejection of Settlement |
November 1, 2005 |
|
75.13 |
Notice of Contestation |
November 1, 2005 |
|
75.14 |
Claim Against Estate |
November 1, 2005 |
|
76A |
Notice Whether Action under Rule 76 |
November 1, 2005 |
|
76B |
Simplified Procedure Motion Form |
November 1, 2005 |
|
76C |
Notice of Readiness for Pre-Trial Conference |
November 1, 2005 |
|
76D |
Trial Management Checklist |
November 1, 2005 |
|
77C |
Case Management Motion Form |
November 1, 2005 |
|
77D |
Trial Management Conference Form |
November 1, 2005 |
|
78A |
Timetable |
November 1, 2005 |
3. Forms 4A to 78A of the Regulation are revoked.
4. This Regulation comes into force on July 1, 2006.
