Simplified Action

TYPICAL STEPS IN A SIMPLIFIED ACTION
Typical Steps in a Simplified Action
Who Does what Rule and Form When

Plaintiff

Files Statement of Claim

Rules 171, 182 (e) and 294

Form 171A

 

Plaintiff

Serves Statement of Claim

Rule 203(1)

 

Within 60 days of issuance of Statement of Claim

Plaintiff

Files Proof of service

Rules 203(2) and 204

Within 30 days (in Canada), 40 days (in U.S.) and 60 days (elsewhere) from date of service of Statement of Claim

Defendant

Serves/Files Statement of Defence

Rules 171, 204 and 294

Form 171B

Within 30 days (in Canada), 40 days (in U.S.) and 60 days (elsewhere) of service of the Statement of Claim

Plaintiff

Serves/Files Reply

Rules 171, 205 and 294

Form 171C

Within 10 days after service of Statement of Defence

All parties

Serve List of documents

OR

Affidavit of documents

Rules 295 and 223

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)

Rules 296, 99 and 100

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

Rules 262 and 258

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.

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