In the Ontario Superior Court of Justice, cases may fall under Simplified Procedure or the Ordinary Procedure. The Simplified Procedure is set out in Rule 76.01 of the Rules of Civil Procedure.
The simplified procedure must be used in a civil action if:
i. Your claim is only for one or more of the following:
• Real property (e.g. land)
• Personal property AND
ii. The total amount is $200,000 or less, exclusive of interest and costs, including the amount of money claimed (if any) and the fair market value of any real property and personal property, as at the date the action is commenced.
See this fact sheet to learn more.
The Simplified Procedure is unique because it has special timelines compared to the Ordinary Procedure:
- The first stage is the pleadings, which usually begins with a statement of claim specifying that the matter is proceeding under the simplified procedure.
- After the pleadings are closed, a party can file a form 76A stating whether the matter is proceeding under simplified procedure or ordinary procedure.
- Within 10 days of the close of pleadings, the parties should exchange their affidavit of documents.
- Within the first 60 days of the first defence being filed, the parties should discuss settlement with each other.
- Within 180 days of the first defence being filed, a Notice of Readiness for Pre-trial should be served and filed (Form 76C). This sets the action down for trial.
- At least 30 days before the pre-trial, the parties should agree to a trial management plan.
- At least 5 days before the pre-trial, additional documents should be served and filed with the court (see Rule 76.10(4)).
- At least 10 days before the trial, the trial record must be served and filed.
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