January 18, 2021 Dr. Martin Luther King Jr. day.
You start with the CLAIM:
Form 14A
Courts of Justice Act
statement of claim
(general)
(General heading)
(Court seal)
statement of claim
TO THE DEFENDANT
A LEGAL PROCEEDING HAS BEEN COMMENCED
AGAINST YOU by the plaintiff. The claim
made against you is set out in the following pages.
IF YOU WISH TO DEFEND THIS PROCEEDING, you
or an Ontario lawyer acting for you must prepare a statement of defence in Form
18A prescribed by the Rules of Civil Procedure, serve it on the plaintiff’s
lawyer or, where the plaintiff does not have a lawyer, serve it on the
plaintiff, and file it, with proof of service in this court office, WITHIN
TWENTY DAYS after this statement of claim is served on you, if you are served
in Ontario.
If you are served in another province or
territory of Canada or in the United States of America, the period for serving
and filing your statement of defence is forty days. If you are served outside Canada and the
United States of America, the period is sixty days.
Instead of serving and filing a statement
of defence, you may serve and file a notice of intent to defend in Form 18B
prescribed by the Rules of Civil Procedure.
This will entitle you to ten more days within which to serve and file
your statement of defence.
IF YOU FAIL TO DEFEND THIS PROCEEDING,
JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO
YOU. IF YOU WISH TO DEFEND THIS
PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU
BY CONTACTING A LOCAL LEGAL AID OFFICE.
(Where the claim made is for money only, include the
following:)
IF YOU PAY THE
PLAINTIFF’S CLAIM, and $......................
for costs, within the time for serving and filing your statement of defence you
may move to have this proceeding dismissed by the court. If you believe the amount claimed for costs
is excessive, you may pay the plaintiff’s claim and $400 for costs and have the
costs assessed by the court.
TAKE NOTICE: THIS ACTION WILL
AUTOMATICALLY BE DISMISSED if it has not been set down for trial or terminated
by any means within five years after the action was commenced unless otherwise
ordered by the court.
Date
........................................................................... Issued by
...........................................................................
Local
registrar
Address
of
court
office
.........................................................................
.........................................................................
TO (Name and address of each
defendant)
(In an action under the simplified procedure provided
in Rule 76, add:)
THIS ACTION IS BROUGHT AGAINST YOU
UNDER THE SIMPLIFIED PROCEDURE PROVIDED IN RULE 76 OF THE RULES OF CIVIL
PROCEDURE.
claim
1. The plaintiff claims: (State here the precise relief claimed.)
(Then set out in separate, consecutively numbered
paragraphs each allegation of material fact relied on to substantiate the
claim.)
(Where the statement of claim is to be served outside
Ontario without a court order, set out the facts and the specific provisions of
Rule 17 relied on in support of such service.)
(Date of
issue) (Name, address and
telephone number of lawyer or plaintiff)
RCP-E 14A (June
9, 2014)
Step 2 is the DEFENCE:
Form 18A
Courts of Justice Act
statement of defence
(General
heading)
statement of
defence
1. The defendant admits the
allegations contained in paragraphs .............................. of the statement of claim.
2. The defendant denies the
allegations contained in paragraphs ............................... of the statement of claim.
3. The defendant has no
knowledge in respect of the allegations contained in paragraphs ............................. of the statement of claim.
4. (Set out in separate, consecutively numbered paragraphs each allegation
of material fact relied on by way of defence.)
(Date) (Name,
address and telephone number of defendant’s lawyer or defendant)
TO (Name and
address of plaintiff’s lawyer or plaintiff)
RCP-E 18A (July 1, 2007)
1. Examination for Discovery
2. Exchange Documents and Affidavit of Documents (Form 30A or 30B)
Form 30A
Courts of Justice Act
affidavit of documents (individual)
(General heading)
affidavit of documents
I, (full
name of deponent), of the (City,
Town, etc.) of , in
the (County, Regional Municipality, etc.) of…………………………………. the plaintiff (or as may be) in this action, MAKE OATH AND SAY (or AFFIRM) :
1. I have
conducted a diligent search of my records and have made appropriate enquiries
of others to inform myself in order to make this affidavit. This affidavit discloses, to the full extent
of my knowledge, information and belief, all documents relevant to any matter
in issue in this action that are or have been in my possession, control or
power.
2. I
have listed in Schedule A those documents that are in my possession, control or
power and that I do not object to producing for inspection.
3. I
have listed in Schedule B those documents that are or were in my possession,
control or power and that I object to producing because I claim they are
privileged, and I have stated in Schedule B the grounds for each such claim.
4. I
have listed in Schedule C those documents that were formerly in my possession,
control or power but are no longer in my possession, control or power, and I
have stated in Schedule C when and how I lost possession or control of or power
over them and their present location.
5. I have never
had in my possession, control or power any document relevant to any matter in
issue in this action other than those listed in Schedules A, B and C.
6. I
have listed in Schedule D the names and addresses (and email addresses, if
known) of persons who might
reasonably be expected to have knowledge of transactions or occurrences in
issue. (Strike out this paragraph if the action is not being brought under the
simplified procedure.)
Sworn
or
Affirmed before me: (select one): in
person OR by
video conference
Complete if affidavit is being
sworn or affirmed in person:
at
the (City, Town, etc.) of ................................................................
in the (County, County, Regional Municipality, etc.) of ....................................................,
on (date).
______________________________________
__________________________________________
Signature of Commissioner (or
as may be) Signature of
Deponent
Use one of the following if affidavit
is being sworn or affirmed by video conference:
Complete if deponent and commissioner are in same city or town:
by ..................... (deponent’s
name) at the (City, Town, etc.) of ..................... in the (County,
Regional Municipality, etc.) of ....................., before me on
..................... (date) in
accordance with O. Reg. 431/20, Administering Oath or Declaration Remotely. ………………………………………………………
Commissioner for Taking Affidavits
(or as may be)
______________________________________
__________________________________________
Signature of Commissioner (or
as may be) Signature of
Deponent
Complete if deponent and
commissioner are not in same city or town:
by ..................... (deponent’s
name) of (City, Town, etc.) of ..................... in the (County,
Regional Municipality, etc.) of ....................., before me at the (City,
Town, etc.) of ..................... in the (County, Regional Municipality,
etc.) of....................., on ..................... (date) in accordance with O. Reg. 431/20, Administering Oath or Declaration Remotely. ………………………………………………………
Commissioner for Taking Affidavits
(or as may be)
______________________________________ __________________________________________
Signature of Commissioner (or as may be) Signature of Deponent
LAWYER’S certificate
I CERTIFY that I have explained to the deponent,
(a) the necessity of making full disclosure of all documents relevant to
any matter in issue in the action;
(b) what kinds of documents are likely to be relevant to the allegations
made in the pleadings; and
(c) if the action is brought under the simplified procedure, the
necessity of providing the list required under rule 76.03.
Date ………………………………………….. __________________________________________
(Signature of lawyer)
Schedule A
Documents in my possession, control or
power that I do not object to producing for inspection.
(Number
each document consecutively. Set out the
nature and date of the document and other particulars sufficient to identify
it.)
Schedule B
Documents that are or were in my
possession, control or power that I object to producing on the grounds of
privilege.
(Number
each document consecutively. Set out the
nature and date of the document and other particulars sufficient to identify
it. State the grounds for claiming
privilege for each document.)
Schedule C
Documents that were formerly in my
possession, control or power but are no longer in my possession, control or
power.
(Number
each document consecutively. Set out the
nature and date of the document and other particulars sufficient to identify
it. State when and how possession or
control of or power over each document was lost, and give the present location
of each document.)
Schedule D
(To be filled in only if the
action is being brought under the simplified procedure.)
Names and addresses (and email addresses, if
known) of persons who might
reasonably be expected to have knowledge of transactions or occurrences in
issue.
RCP-E 30A (September 1, 2020)
OR FORM 30B
Form 30B
Courts of Justice Act
affidavit of documents (corporation or
partnership)
(General heading)
affidavit of documents
I,
(full name of deponent), of the (City, Town, etc.) of........................................................................... ,
in the (County, Regional Municipality, etc.) of ……………………, MAKE OATH AND
SAY (or AFFIRM) :
1. I am the (state
the position held by the deponent in the corporation or partnership) of the
plaintiff (or as may be), which is a corporation (or
partnership).
2. I have
conducted a diligent search of the corporation’s (or partnership’s) records
and made appropriate enquiries of others to inform myself in order to make this
affidavit. This affidavit discloses, to
the full extent of my knowledge, information and belief, all documents relevant
to any matter in issue in this action that are or have been in the possession,
control or power of the corporation (or partnership).
3. I have listed
in Schedule A those documents that are in the possession, control or power of
the corporation (or partnership) and that it does not object to producing
for inspection.
4. I have listed
in Schedule B those documents that are or were in the possession, control or
power of the corporation (or partnership) and that it objects to
producing because it claims they are privileged, and I have stated in Schedule
B the grounds for each such claim.
5. I have listed
in Schedule C those documents that were formerly in the possession, control or
power of the corporation (or partnership) but are no longer in its
possession, control or power and I have stated in Schedule C when and how it
lost possession or control of or power over them and their present location.
6. The
corporation (or partnership) has never had in its possession, control or
power any documents relevant to any matter in issue in this action other than
those listed in Schedules A, B and C.
7. I have listed
in Schedule D the names and addresses (and email addresses, if known) of persons who might reasonably be
expected to have knowledge of transactions or occurrences in issue. (Strike
out this paragraph if the action is not being brought under the simplified
procedure.)
Sworn or
Affirmed before me: (select
one): in person
OR by video conference
Complete if affidavit is being sworn or affirmed in person:
at the (City, Town, etc.) of .................................................................
in the (County, County, Regional Municipality, etc.) of ...........................................................,
on (date).
______________________________________ __________________________________________
Signature of Commissioner (or as may be) Signature of Deponent
Use one of the following if affidavit is being sworn or affirmed by
video conference:
Complete if deponent and
commissioner are in same city or town:
by ..................... (deponent’s name) at the (City, Town, etc.)
of ..................... in the (County, Regional Municipality, etc.) of
....................., before me on ..................... (date) in accordance with O. Reg. 431/20, Administering
Oath or Declaration Remotely. ………………………………………………………
Commissioner for Taking Affidavits (or as may be)
______________________________________
__________________________________________
Signature
of Commissioner (or as may be) Signature
of Deponent
Complete if
deponent and commissioner are not in same city or town:
by ..................... (deponent’s name) of (City, Town, etc.) of ..................... in
the (County, Regional Municipality, etc.) of ....................., before me
at the (City, Town, etc.) of ..................... in the (County, Regional
Municipality, etc.) of....................., on ..................... (date) in accordance with O. Reg. 431/20, Administering
Oath or Declaration Remotely. ………………………………………………………
Commissioner for Taking Affidavits (or as may be)
______________________________________ __________________________________________
Signature of Commissioner (or as may be) Signature of Deponent
LAWYER’S certificate
I CERTIFY that I have explained to the deponent,
(a) the necessity of making full disclosure of all documents relevant to
any matter in issue in the action;
(b) what kinds of documents are likely to be relevant to the allegations
made in the pleadings; and
(c) if the action is brought under the simplified procedure, the
necessity of providing the list required under rule 76.03.
Date ......................................................................... ________________________________________
(Signature of lawyer)
Schedule A
Documents in the corporation’s (or partnership’s) possession, control or power that it does not object to producing
for inspection.
(Number
each document consecutively. Set out the
nature and date of the document and other particulars sufficient to identify
it.)
Schedule B
Documents that are or were in the
corporation’s (or partnership’s) possession, control or power that it
objects to producing on the grounds of privilege.
(Number
each document consecutively. Set out the
nature and date of the document and other particulars sufficient to identify
it. State the grounds for claiming
privilege for each document.)
Schedule C
Documents that were formerly in the
corporation’s (or partnership’s) possession, control or power but are
no longer in its possession, control or power.
(Number
each document consecutively. Set out the
nature and date of the document and other particulars sufficient to identify
it. State when and how possession or
control of or power over each document was lost, and give the present location
of each document.)
Schedule D
(To be filled in only if the
action is being brought under the simplified procedure.)
Names and addresses (and email addresses, if known) of persons who might reasonably be expected to
have knowledge of transactions or occurrences in issue.
RCP-E 30B (September 1, 2020)
3. Discuss Settlement
MEDIATION ----Set Down for Trial (file Notice of Readiness for Pre-trial Form 76C)
Form 76C
Courts of Justice Act
NOTICE OF READINESS FOR PRE-TRIAL
CONFERENCE
(General
heading)
NOTICE OF READINESS FOR PRE-TRIAL
CONFERENCE
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The (identify party)
is ready for a pre-trial conference and is setting this action down for
trial. A pre-trial conference in the action will proceed as scheduled and the
trial will proceed when the action is reached on the trial list, unless the
court orders otherwise. |
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CERTIFICATE |
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I CERTIFY that there was a settlement
discussion under rule 76.08. |
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Date |
(Signature) |
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(Name, address and telephone and fax
numbers of lawyer or party giving notice) |
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TO |
(Name and address of lawyer or party
receiving notice) |
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RCP-E 76C (November 1, 2005)
within 180 days Pre-trial is scheduled (r. 50.02) (Parties to schedule the pre-trial. If not, Registrar will schedule)
Form 16B
Courts of Justice Act
affidavit of service
(If a separate document insert general
heading)
affidavit of
service
I, (full name),
of the (City, Town, etc.) of ...........................,
in the (County, Regional
Municipality, etc.) of ...........................,
MAKE OATH AND SAY (or AFFIRM):
(Personal
service)
1. On
(date), at (time), I served (identify
person served) with the (identify
documents served) by leaving a copy with him (or her) at (address where service was made). (Where
the rules provide for personal service on a corporation, etc. by leaving a copy
of the document with another person, substitute: by leaving a copy with (identify person by name and title) at (address where service was made).)
2. I
was able to identify the person by means of (state
the means by which the person’s identity was ascertained.)
(Service
by leaving a copy with an adult person in the same household as an alternative
to personal service)
1. I
served (identify person served) with
the (identify documents served) by
leaving a copy on (date), at (time), with a person (insert name if known) who appeared to
be an adult member of the same household in which (identify person served) is residing, at (address where service was made), and by sending a copy by regular
lettermail (or registered mail) on (date)
to (identify person served) at the
same address.
2. I
ascertained that the person was an adult member of the household by means of (state how it was ascertained that the
person was an adult member of the household).
3. Before
serving the documents in this way, I made an unsuccessful attempt to serve (identify person) personally at the same
address on (date). (If
more than one attempt has been made, add: and again on (date).)
(Service
by mail as an alternative to personal service)
1. On
(date), I sent to the (identify person served) by regular
lettermail (or registered mail) a copy of the (identify documents served).
2. On
(date), I received the attached
acknowledgment of receipt card (or
post office receipt) bearing a signature that purports to be the signature of (identify person).
(Service
by mail on a lawyer)
1. I
served (identify party served) with
the (identify documents served) by
sending a copy by regular lettermail (or
registered mail) on (date) to (name of lawyer), the lawyer for the (identify party), at (full mailing address).
(Service
on a lawyer by courier)
1. I
served (identify party served) with
the (identify documents served) by
sending a copy by (name of courier), a
courier, to (name of lawyer), the
lawyer for the (identify party), at (full
address of place for delivery).
2. The
copy was given to the courier on (date).
(Service
by mail on a party acting in person or a non-party)
1. I
served (identify party or person served)
with the (identify documents served)
by sending a copy by regular lettermail (or
registered mail) on (date) to (full mailing address), the last address for service provided by (identify party or person) (or, where no such
address has been provided: the last known address of (identify party or person).)
(Service
on a lawyer by e-mail)
1. I served (identify party served)
with the (identify documents served) by sending a copy by e-mail to (e-mail
address) on (date) to (name of lawyer), the lawyer for the
(identify party).
(Service by e-mail on a party acting in
person or a non-party)
1. I served (identify party or person
served) with the (identify documents served) by sending a copy by
e-mail to (e-mail address) on (date).
Sworn or Affirmed
before me: (select
one): in person
OR by video conference
Complete if affidavit is being sworn or affirmed in person:
at the (City, Town, etc.) of ...................................................................
in the (County, County, Regional Municipality, etc.) of ...........................................................,
on (date).
______________________________________ __________________________________________
Signature of Commissioner (or as may be) Signature of Deponent
Use one of the following if affidavit is being sworn or affirmed by
video conference:
Complete if deponent and commissioner are in same city or town:
by ..................... (deponent’s name) at the (City, Town, etc.)
of ..................... in the (County, Regional Municipality, etc.) of
....................., before me on ..................... (date) in accordance with O. Reg. 431/20, Administering
Oath or Declaration Remotely. ………………………………………………………
Commissioner for Taking Affidavits (or as may be)
______________________________________ __________________________________________
Signature of Commissioner (or as may be) Signature of Deponent
Complete if
deponent and commissioner are not in same city or town:
by ..................... (deponent’s name) of (City, Town, etc.) of ..................... in
the (County, Regional Municipality, etc.) of ....................., before me
at the (City, Town, etc.) of ..................... in the (County, Regional
Municipality, etc.) of....................., on ..................... (date) in accordance with O. Reg. 431/20, Administering
Oath or Declaration Remotely. ………………………………………………………
Commissioner for Taking Affidavits (or as may be)
______________________________________ __________________________________________
Signature
of Commissioner (or as may be) Signature
of Deponent
RCP-E 16B (September 1, 2020)
These documents must be filed at least 5 days before pre-trial. (r. 76.10)
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