Mechanics of Setting Cases Down for Trial

2016 is a big year to set cases down for trial due to January 1, 2017 being a significant limitation date for plaintiffs with pre-2012 cases.

Below are some comments on the mechanics of setting cases down for trial to move them forward.  Included are precedent forms.

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 a precedent Trial Record and Lawyers Certificate of Trial Record

Some jurisdictions have begun asking for a requisition.  Click here for a 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.  Generally, mediation should be complete or scheduled.  Click here for a precedent Certificate re Mediation.  If mediation has not yet been completed, you can serve and file a 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 a 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.

Small Claims Court

To set a small claims matter down for trial, the settlement conference must be complete.

Either the plaintiff or defendant can complete and file a request to clerk asking the clear to set a trial date.  Click here for a Request to Clerk to Schedule Trial in Small Claims Court

The filing fee is $145 payable to the Minister of Finance.


This article is courtesy of the Ontario Civil Trial Manual

Click here for the Ontario Civil Trial Manual

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