Action
TYPICAL STEPS IN AN ACTION
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Who | Does what | Rule and Form | When |
---|---|---|---|
Plaintiff |
Files Statement of Claim |
Form 171A |
|
Plaintiff | Serves Statement of Claim | Rule 203(1) | Within 60 days of issuance of Statement of Claim |
Plaintiff |
Files Proof of service |
Within 30 days (in Canada or in U.S.) or 60 days (elsewhere) from date of service |
|
Defendant |
Serves/Files Statement of Defence |
Form 171B |
Within 30 days (in Canada or in U.S.) or 60 days (elsewhere) of service of the Statement of Claim If the defendant serves and files a Notice of intention to respond in accordance with rule 204.1, the time for serving and filing the Statement of Defence is extended by 10 days |
Plaintiff |
Serves/Files Reply |
Form 171C |
Within 10 days after service of Statement of Defence |
All parties |
Serves Affidavit of documents |
Rule 223 Form 223 |
Within 30 days after close of pleadings, as defined in Rule 202 |
Any party |
May serve Request to admit facts or documents on adverse party |
Rule 255 Form 255 |
After close of pleadings |
Party served with Request to admit |
Serves Response to the Request |
Rule 256 Form 256 |
Within 20 days after service of Request to admit |
Any party |
Examination for discovery of an adverse party |
Rules 236 |
After close of pleadings |
All parties |
Settlement discussions |
Rule 257 |
Within 60 days after close of pleadings |
Any party ready for Trial |
Serves/Files Requisition for pre-trial conference and Memorandum |
Rule 258 Form 258 |
After close of pleadings |
Court |
Fixes time/place for pre-trial conference |
Rule 259 |
Not more than 60 days after filing of the requisition |
Each party other than Requisitioning party |
Serves/Files Pre-trial conference Memorandum |
Within 30 days after service of requisition |
|
Court |
Fixes date/place of trial |
Rule 264 |
At the pre-trial conference |
Plaintiff |
Serves/Files Trial record |
Rule 268 |
Not later than 40 days before trial |
Court |
Trial Management Conference |
Rule 270 |
Once matter is scheduled for trial - before or during trial |
IMPORTANT: All documents other than the Statement of Claim must be filed with proof of service.
Date modified: 2021-10-06