General Matters (1.01 - 4.1.01)
Motions to transfer an action shall be filed in this court location
What is the court to which the transfer is sought?
A motion confirmation form shall be filed by this time
What is 2:00 pm five days before the motion?
*note: if the moving party fails to confirm, the motion is deemed abandoned
An examination for discovery cannot exceed this many hours , except on consent or with leave
What is 7 hours?
A judge may exercise the following powers on this type of motion: evaluate credibility, draw reasonable inferences, and order oral evidence to be presented
What is a summary judgment motion?
The monetary limit for simplified procedure is _______
What is $200,000?
A party has this many days to to object to a proposed method of attendance for a hearing or step in a proceeding
What is 10 days?
*note: this does not apply to Court of Appeal Proceedings (they direct the method)
*note: case conferences are presumed to be by telephone
A judge who hears all motions in a proceeding can hear the trial only with this
What is written consent of all the parties?
This test for disclosure, production and scope of examinations asks whether something is relevant to any matter in issue
What is the semblance of relevancy test?
Upon discontinuance, any party to the action, crossclaim, or third party claim may make a motion respecting costs within this many days?
What is 30 days?
*note: costs are not automatic
Actions subsequently assigned to case management or where a jury notice has been delivered
Documents in the court file must be identical to the documents submitted in this software
What is Caselines?
*note, there is inconsistency, the document in the court file prevails
If a motion is deemed abandoned and the responding party confirmed under s.37.12.1(2), this type of issue may still be heard on the date of the abandoned motion
What are costs?
True or false: more than one party can be examined on behalf of a corporation, partnership, or sole proprietorship
True!
Only where the court is satisfied that answers cannot be obtained from one person without undue expense and inconvenience and that examination of more than one person would expedite the conduct of the action
In certain jurisdictions, this must take place within 180 days of the defence being filed
What is mediation?
*note: mandatory mediation jurisdictions are Toronto, Ottawa, and Essex County
What is 3 hours?
In computation of time, where there are seven days or less, these types of days are not counted
What are holidays?
*note: the upcoming Family Day on February 20!
The rules allowing cross-examination on affidavits and examination and cross-examination of witnesses prior to a hearing do not apply to these type of applications
What are applications involving a vexatious litigant seeking leave to continue a proceeding (s. 140(3) of the CJA)
Where parties do not agree to one of these, a court may impose one
What is a Discovery Plan?
True or false: the insured is required to attend mediation
False
This piece of information is no longer required on backsheets
What are fax numbers?
Opinion evidence provided by an expert witness in an affidavit for a motion or application shall include the information listed in this Rule of Civil Procedure
What is Rule 53.03(2.1)
In determining whether a question must be answered or document be produced, the court must consider these proportionality factors
What are:
- whether the time would be considered unreasonable
- whether the cost would be unjustified
-whether undue prejudice would be caused
-whether it would unduly interfere with the orderly progress of the file
- whether the information is available elsewhere
-whether the order would result in excessive volume of documents
If an action is dismissed for delay, the Defendant must serve the Order on these parties
Who are every Defendant who has crossclaimed
No party in action under Rule 76 may recover costs over $______ or disbursements over $______ (exclusive of HST)
What is $50,000 and $25,000
*note: except as provided under Rule 76.13 or any other Act
*note: this rule does not apply to actions before January 1, 2020