Superior (Civil) Court

Legislative Currency

The Courts of Justice Act ('CJA') the Rules of Civil Procedure ('RCP' or 'Rules'), are at the heart of Ontario's civil court system. With this Superior Court topic I have focussed on trial level civil litigation, locating appeals and judicial reviews elsewhere (see the header).

Rules of Civil Procedure
Courts of Justice Act

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GENERAL
Irregularities
Rule 1 Citation, Application and Interpretation
Rule 2 - Non-Compliance with the Rules
CJA 1. Definitions
CJA 96. Rules of law and equity

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ADJOURNMENTS
Adjournments

AFFIDAVITS
Affidavits
Cross-Examination
Rule 4.06 - Affidavits
Rule 39 - Evidence on Motions and Application

APPLICATIONS
Applications | Part 2
Rule 38 Applications — Jurisdiction and Procedure

CONFERENCES
Pre-trial Conferences
Rule 50 - Conferences

CHARTER/CONSTITUTIONAL
CJA 109. Notice of constitutional question

CLASS PROCEEDINGS
Rule 12 - Class Proceedings and Other Representative Proceedings

CONSOLIDATION OR HEARING TOGETHER OR SEPARATE
Consolidation
Separate Hearings
Multiplicity of Proceedings
Rule 6 - Consolidation or Hearing Together
Rule 6.1 - Separate Hearing
CJA 107. Consolidation of proceedings in different courts
CJA 138. Multiplicity of proceedings
CJA 139. Joint liability not affected by judgment or release

COSTS AND INTEREST
Costs - General
Costs - History
Costs - Interim
Costs - Deterrent
Costs in Public Interest Litigation
Costs - Nature of Issues
Costs - Contractually-Determined
Costs - Presence of Insurance
Costs - Access to Justice
Costs - Substantial Indemnity
Costs - Dismissal of Action for Non-Payment
Costs - Disbursements
Costs - Non-Parties
Costs - Pro Bono
Costs - Discretion [CJA s.130]
Costs - Against a Lawyer Personally
Costs - Effect of Allegation of Fraud
Costs - Self-Represented Parties
Costs - Impecuniosity
Costs - Assessment
Rule 57 - Costs of Proceedings
CJA 127. Prejudgment and postjudgment interest rates
CJA 128. Prejudgment interest
CJA 129. Postjudgment interest
CJA 130. Discretion of court
CJA 131. Costs

COURTS AND JUDGES (GENERAL)
Courts - Overview
Courts - Inherent Powers
Courts - Jurisdiction
CJA 10. Court of Ontario
CJA 11. Superior Court of Justice
CJA 12. Composition of Superior Court of Justice
CJA 13. Assignment of judges from Court of Appeal
CJA 14. Chief Justice, Associate Chief Justice and regional senior judges of Superior Court of Justice; Senior Judge of Family Court
CJA 15. Judges assigned to regions
CJA 16. Composition of court for hearings
CJA 52. Meetings of judges
CJA 71.Goals
CJA 75. Powers re sittings and assignment of judicial duties
CJA 79.1 Regions
CJA 81. Persona designata abolished
CJA 82. Liability of judges and other officers
CJA 84. Extra-judicial service
CJA 86. How certain judges to be addressed
CJA 146. Where procedures not provided

CROWN
CJA 72 - Role of Attorney General

DAMAGES
CJA 99. Damages in substitution for injunction or specific performance
CJA 116. Periodic payment and review of damages
CJA 116.1 Periodic payment, medical malpractice actions
CJA 117. Assessment of damages

DECLARATIONS
Declarations
CJA 97. Declaratory orders
JRPA 8. Summary disposition of actions

DEEMED UNDERTAKINGS
Deemed Undertaking
Rule 30.1 - Deemed Undertaking

DEFAULT JUDGMENT
Default Judgment - Consequences
Default Judgment - Setting Aside | Part 2
Default Judgment - Amendment
Rule 19 - Default Proceeding

DISABILITY
Disability
Rule 7 - Person Under Disability

DISCONTINUANCE AND WITHDRAWAL
Discontinuance
Rule 23 Discontinuance and Withdrawal

DISCOVERY
Discovery, General
Discovery, Documentary
Rule 29.1 Discovery Plan
Rule 29.2 Proportionality in Discovery
Rule 30 - Discovery of Documents
Rule 31 - Examination for Discovery

DISCRETION
Discretion

DISMISSAL FOR DELAY
Dismissal for Delay - Generally
Dismissal for Delay - Setting Aside
Rule 48 - Listing for Trial

DOCUMENTS
Documents
Rule 4 - Court Documents
CJA 74. Destruction of Documents

ENFORCEMENT
Enforcement
Rule 60 Enforcement of Orders
CJA 141. Civil orders directed to sheriffs
CJA 143. Enforcement
CJA 144. Orders enforceable by police

ESTATES
Rule 9 Estates and Trusts
Rule 74 Estates — Non-Contentious Proceedings
Rule 75 Estates — Contentious Proceedings

EVIDENCE
Admissions
Rule 4.1 - Duty of Expert
Rule 32 Inspection of Property
Rule 33 Medical Examination of Parties
Rule 34 Procedure on Oral Examinations
Rule 35 Procedure on Examination for Discovery by Written Questions
Rule 36 Taking Evidence Before Trial
Rule 50.03.1 Certificate of Readiness to be Filed
Rule 51 - Admissions
Rule 53 - Evidence at Trial
CJA 105. Physical or mental examination

FEDERAL-PROVINCIAL COMPETING JURISDICTIONS
Federal-Provincial Competing Jurisdictions
CJA 148. Jurisdiction of Federal Court

FOREIGN JUDGMENTS
Rule 73 - Reciprocal Enforcement of United Kingdom Judgments

FRIVOLOUS AND VEXATIOUS
Frivolous and Vexatious | Part 2 | Part 3
Rule 2.1 - General Powers to Stay or Dismiss if Vexatious, etc.
CJA 140. Vexatious proceedings

IMMUNITY
CJA 142. Protection for acting under court order

INJUNCTIONS
Injunctions and Stays
Rule 40 - Interlocutory Injunction or Mandatory Order
Rule 63 - Stay Pending Appeal
CJA 99. Damages in substitution for injunction or specific performance
CJA 101. Injunctions and receivers
CJA 102. Injunction in labour dispute
CJA 104. Interim order for recovery of personal property
CJA 106 - Stay of Proceedings
JRPA 8. Summary disposition of actions

INTERVENTION
Intervention
Rule 13 - Intervention

JOINDER
Misjoinder
Joinder - Parties
Rule 5 Joinder of Claims and Parties

JURIES
Juries | Part II
Rule 47 - Jury Notice
Rule 52 - Trial Procedure [esp. 52.05, 52.07-52.10]
CJA 108. Jury trials
CJA 118. Guidance and submissions

LAWYERS
Rule 15 - Representation by Lawyer

MASTERS, ASSESSMENT AND OTHER OFFICERS
Masters, Assessment and Other Officers
CJA 73. Court Officers and Staff
CJA 76. Direction of court staff
CJA 86.1 Case management masters
CJA 87. Masters
CJA 90. Assessment officers
CJA 91. Officers of court
CJA 92. Administration of oaths

MEDIATION
Rule 24.1 Mandatory Mediation
Rule 75.1 Mandatory Mediation — Estates, Trusts and Substitute Decisions
Rule 75.2 Court-Ordered Estates Mediation

MISCELLANEOUS
CJA 93. Money held by officer of court
CJA 115. Security
CJA 120. Advance payments
CJA 121. Foreign money obligations
CJA 122. Actions for accounting
CJA 145. Consul as official representative
CJA 147. Seal of court
CJA 148.1 Application
CJA 148.2 Enforcement of order to pay tariff costs
CJA 148.3 Regulations
Schedule

MOTIONS
Motions
Rule 37 - Motions - Jurisdiction and Procedure

ORDERS
Bullock and Sanderson Orders
Orders - Interpretation
Orders - Security for Trial
Orders by Registrar
Settling Orders
Orders - R59.06 Set-Aside Motions [multiple files]
Rule 59 - Orders
CJA 123. Judge’s retirement, etc., inability or failure to give decision

ORIGINATING PROCESS
Originating Process
Rule 14 - Originating Process

PARTIES
Rule 10 Representation Order
Rule 11 Transfer or Transmission of Interest

PARTNERSHIPS
Rule 8 - Partnerships and Sole Proprietorships

PAYMENTS INTO AND OUT OF COURT
Payment into and out of Court
Rule 72 - Payment Into and Out of Court

PIERRINGER ORDERS
Pierringer Orders

PLEADINGS
General | Part 2
Law
Particularity
Pleading in the Alternative
Defence
Cross-Claims
When Closed
Where Settlement Privilege Involved
Rule 25 - Pleadings in an Action
Rule 27 - Counterclaim
Rule 28 - Crossclaim
Rule 29 - Third Party Claim
CJA 113. Agreement preventing third party claim or crossclaim

PLEADINGS, AMENDMENT
General
Limitations
Amending Pleadings - Federal
Rule 26 - Amendment of Pleadings

PROPERTY
Interim Preservation of Property
Rule 44 - Interim Recovery of Personal Property
Rule 45 - Interim Preservation of Property

PUBLIC ACCESS
General
Recording of Proceedings
Document Access
Redactions from Record
Open Court Doctrine | Part 2
CJA 135. Public hearings
CJA 136 - Prohibition against photography, etc., at court hearing
CJA 137. Documents public

REAL ESTATE
CJA 103. Certificate of pending litigation

RECEIVERS
Receivers
CJA 101. Injunctions and receivers

REFERENCES
References
CJA 8. References to the Court of Appeal

RELIEF FROM PENALTIES
CJA 98. Relief against penalties

SECURITY FOR COSTS
Security for Costs | Part II | Part III
Rule 56 - Security for Costs

SERVICE
Service
Rule 17 - Service Outside Ontario
Rule 18 Time for Delivery of Statement of Defence

SET-OFF
CJA 111. Set off

SETTLEMENT
Settlement - General
Release
Disclosure of a Settlement
Setting Aside a Settlement
Effect of Settlement Offer on Costs
Rule 49 - Offer to Settle

SIMPLIFIED PROCEDURE
Rule 76 Simplified Procedure

SLAPP
The 2020 Leading Supreme Court of Canada Cases
SLAPP - General
SLAPP - Timing
SLAPP - Public Interest Threshold | Part II
SLAPP - Merits Exception
SLAPP - No Valid Defence
SLAPP - Harm-Expression Balancing Exception | Part II
SLAPP - Damages
SLAPP - Costs
SLAPP - Appeals
CJA 137.1-137.5 - Prevention of Proceedings that Limit Freedom of Expression on Matters of Public Interest (Gag Proceedings)

SPECIAL CASE
Rule 22 - Special Case

STAYS
Injunctions and Stays
CJA s.106 - Stay of Proceedings

STRIKING PLEADINGS (R21)
Striking Pleading - Generally
Striking Pleading - R21 v R20 Summary Judgment
Striking Pleadings - R21 Determination of an Issue Before Trial
Striking Pleading - R21 v R25.11 Striking Pleadings as Frivolous
Striking Pleadings - R25.06 Plead Material Facts, Not Evidence
Striking Pleading - R25.11 Striking Pleadings as Frivolous
Striking Pleading - No Jurisdiction
Striking Pleading - Before Defence
Striking Pleading - Leave to Amend
Striking Pleading and Limitations
Striking Pleading - Standard of Appellate Review
Striking Pleading - Evidence Not Normally Considered
Striking Pleading - Timetable Non-Compliance [R3.04]
Striking Pleading - Federal
Striking Pleading - Novel Causes
Rule 21 - Determination of an Issue Before Trial

SUMMARY JUDGMENT
Summary Judgment - General | Part 2
Summary Judgment - Partial
Summary Judgment - Practice
Summary Judgment - Issue Estoppel
Summary Judgment - Against Moving Party
Rule 20 - Summary Judgment

TIME
Time - 2020 Time Limits Suspension
Time - Extending Time Generally
Time - Extending Time for Setting Down for Trial
Time - Timetable [R3.04]
Rule 3 - Time

TRANSFERS FROM WRONG COURT
Transfer
CJA 110. Proceeding in wrong forum
JRPA 8. Summary disposition of actions

TRIAL LISTING
Trial Listing
Rule 48 - Listing for Trial

TRIAL PROCEDURE
Trial Procedure
Rule 52 - Trial Procedure

VENUE
Venue
Rule 13.1 - Place of Commencement and Hearing or Trial
Rule 46 - Place of Trial
CJA 114. Agreement as to place of hearing

VESTING ORDERS
Vesting Orders
CJA s.100 - Vesting Orders