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O. Reg. 77/06: RULES OF CIVIL PROCEDURE


Published: 2006-03-10

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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.

 

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