How to Set an Action Down for Trial

As of January 1, 2017, most actions must be set down within 5 years (from the date they are issued) or they are dismissed, unless there is a Court-ordered timetable otherwise.

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 standard form listed on the government’s website, it is based on rule 48.03.

Some jurisdictions require a requisition to set the matter down for trial.

The filing fee is $859 (as of January 1, 2023) payable to the Minister of Finance.

Please click here to purchase a template trial record and requisition.

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 link to the form to confirm mediation is complete for Toronto actions.  Or click here to purchase a formatted version of the template.

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 to purchase 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 $810 payable to the Minister of Finance at least 10 days before trial.  Please note the requirements for a trial record in a simplified procedure action were changed as of January 1, 2020 to include a Trial Management Plan, and affidavits, including the affidavits of experts.

Please click here to purchase a template trial record compliant with the January 1, 2020 changes

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