Trial Counsel for Law Firms

How to Set an Action Down for Trial

As of January 1, 2017, actions must be set down within 5 years or they are dismissed.

The consequences of setting a case down for trial are outlined at rule 48.04.  When you set a case down for trial, you cannot start or continue any motion or form of discovery without leave of the court.  There are some exceptions to this rule if you seek to force the other side to disclose documents or answer discovery questions; see clause 48.04(2)(b).

Superior Court – Ordinary Procedure

To set a case down for trial, complete, serve and file a trial record, including a lawyer’s certificate of trial record.  This is not a pre-set form listed on the government’s website.  Click here for Mick’s precedent Trial Record and Lawyers Certificate of Trial Record

Some jurisdictions have begun asking for a requisition.  Click here for our precedent Requisition to Set Action Down for Trial

The filing fee is $405 payable to the Minister of Finance.

Addressing Mandatory Mediation

For cases subject to mandatory mediation, it is also necessary to serve and file a certificate with respect to mediation.

For actions in Toronto, starting May 1, 2017 mediation must be complete in order to set the action down for trial.  Click here for a copy of Toronto’s certificate regarding mediation.

For mandatory mediation jurisdictions outside Toronto, click here for Mick’s precedent Certificate re Mediation.  If mediation has not yet been completed, you can serve and file a notice concerning the mediation.  Click here for Mick’s precedent Notice of Name of Mediator and Date of Session.

Superior Court – Simplified Procedure

Prior to setting a simplified procedure matter down for trial, it is necessary to have settlement discussion pursuant to rule 76.08.  All that is required is a without prejudice meeting or telephone call.

To set a simplified procedure matter down for trial, serve and file a notice of readiness for pre-trial conference.  Click here for our precedent Notice of Readiness for Pre-Trial Conference

There is no filing fee for the notice of readiness, but a trial record will later have to be filed for a fee of $405 payable to the Minister of Finance at least 10 days before trial.

This article is courtesy of the Ontario Civil Trial Manual

Click here for the Ontario Civil Trial Manual

Click here for our Services for Law Firms

This manual is trial information, not trial legal advice.

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