Simplified Action
TYPICAL STEPS IN A SIMPLIFIED ACTION
Simplified Action PDF version
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 of Statement of Claim |
|
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 a Notice of Intention to Respond, 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 |
Serve List of documents OR Affidavit of documents |
Form 223
|
Within 30 days after close of pleadings, as defined in Rule 202 |
Any party |
Serves Request to admit facts or documents on another 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 |
Written examination of an adverse party (maximum of 50 questions) |
After close of pleadings |
|
All parties |
Conduct 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 pleading |
Court |
Fixes Time/place for pre-trial conference |
Rule 259 |
Not more than 60 days following 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 |
All parties |
Serve expert reports if any |
Rule 299 (1.1) |
At least 60 days before trial |
All parties |
Serve rebuttal expert reports if any |
Rule 299 (1.2) |
At least 30 days before trial |
Plaintiff |
Serves/Files Trial record |
Rule 268 |
Not later than 40 days before trial |
Plaintiff |
Serves/Files Affidavit(s) of evidence to be adduced at trial |
Rule 299 |
At least 20 days before trial |
Defendant |
Serves/Files Affidavit(s) of evidence to be adduced at trial |
Rule 299 |
At least 10 days before trial |
IMPORTANT: All documents other than the Statement of Claim must be filed with proof of service.
Date modified: 2021-10-06