SUMMARY OF CONTENTS SC-1.

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1 SUMMARY OF CONTENTS VOLUME 1 SUMMARY OF CONTENTS VOLUME 1 Chapter 1. Preliminary Matters Chapter 2. Parties Chapter 3. Service Chapter 4. General Forms of Pleadings Chapter 5. Sample Pleadings in Particular Cases Chapter 6. Preliminary Motions Chapter 7. Default Proceedings Chapter 8. Summary Judgment VOLUME 2 Chapter 9. Discovery of Documents Chapter 10. Examination for Discovery Chapter 11. Inspection of Property Chapter 12. Medical Examination Chapter 13. General Motions Chapter 14. Preservation of Rights Pending Trial Chapter 15. Pre-trial Procedures Chapter 16. Status Hearings and Delay Chapter 17. Trial Preparation Chapter 18. Judgments and Orders VOLUME 3 Chapter 19. References Chapter 20. Payment Into and Out of Court Chapter 21. Settlement Chapter 22. Enforcement Chapter 23. Party and Party Costs in Proceedings Chapter 24. Solicitor and Client Costs Assessments Chapter 25. Security for Costs VOLUME 4 Chapter 26. Class Proceedings Chapter 27. Applications Chapter 28. Appeals Chapter 29. Judicial Review Chapter 30. Estates Chapter 31. Simplified Procedure Chapter 32. Small Claims Court TABLE OF CASES CA-1 INDEX IN-1 SC-1 November 2012

2 TABLE OF CONTENTS VOLUME 1 TABLE OF CONTENTS VOLUME 1 Publisher s Foreword v Preface vii Note on Form Use xi CHAPTER 1. PRELIMINARY MATTERS :01 Initial Checklists and Authorizations :02 General Form of Documents :03 Civil Case Management :04 Retainers and Representation :05 Limitation Periods :06 Notice Periods :07 Time :08 Mandatory Mediation :09 Estates List CHAPTER 2. PARTIES :01 Partnership :02 Sole Proprietorship :03 Persons Under Disability :04 Joinder of Parties and Claims CHAPTER 3. SERVICE :01 Affidavits of Personal Service :02 Motion for Substituted Service :03 Motion to Validate Service :04 Service Outside Ontario CHAPTER 4. GENERAL FORMS OF PLEADINGS :01 Statement of Claim :02 Notice of Action :03 Defence :04 Reply :05 Counterclaim :06 Crossclaim :07 Third Party Claims :08 Consent CHAPTER 5. SAMPLE PLEADINGS IN PARTICULAR CASES :01 Contracts :02 Torts :03 Professional Malpractice :04 Occupiers Liability :05 Product Liability TC-1

3 ONTARIO COURT FORMS VOLUME 1 5:06 Foreign Judgments :07 Money Paid in Error :08 Bailment :09 Breach of Fiduciary Duty :10 Family Members Claims Under the Family Law Act :11 Intellectual Property CHAPTER 6. PRELIMINARY MOTIONS :01 Motions to Dismiss or Stay Action :02 Determination of a Question of Law :03 Special Case :04 Particulars :05 Leave to Deliver Pleading Subsequent to Reply :06 Motions to Strike Pleadings :07 Motions to Amend Statements of Claim :08 Motions to Amend Statements of Defence CHAPTER 7. DEFAULT PROCEEDINGS :01 Noting in Default :02 Requisition for Default Judgment :03 Motion for Default Judgment :04 Motion for Judgment :05 Forms of Default Judgment :06 Motion to Set Aside Default Judgment CHAPTER 8. SUMMARY JUDGMENT :01 Motion for Summary Judgment (Plaintiff) :02 Motion by Plaintiff for Leave to Serve Summary Judgment Motion with Statement of Claim :03 Motion for Summary Judgment (Defendant) :04 Motion to Dismiss Action or Strike Defence for Failure to Comply with Terms Imposed on a Prior Motion for Judgment :05 Motion for Judgment Based on Admission of Fact or Document TC-2

4 TABLE OF CONTENTS VOLUME 2 TABLE OF CONTENTS VOLUME 2 Publisher s Foreword v Preface vii Note on Form Use xi CHAPTER 9. DISCOVERY OF DOCUMENTS :01 Affidavit of Documents :02 Lawyer s Certificate :03 Schedules :04 Motion to Compel Delivery of Affidavit of Documents :05 Motion to Require Better Affidavit of Documents :06 Inspection of Documents :07 Motion to Determine Privilege Claim :08 Motion for Production from Non-parties :09 Motion for Divided Disclosure or Production :10 Deposit of Document CHAPTER 10. EXAMINATION FOR DISCOVERY :01 Procedural Matters :02 Compelling Attendance at Discovery :03 Discovery Witness :04 Conduct of the Examination :05 Sanctions for Improper Conduct :06 Discovery by Written Questions and Answers :07 Deemed Undertaking at Discovery :08 Discovery Plan CHAPTER 11. INSPECTION OF PROPERTY :01 Real Property :02 Personal Property CHAPTER 12. MEDICAL EXAMINATION :01 Motion for Medical Examination :02 Motion for Psychiatric Examination :03 Motion for Dental Examination :04 Motion for Psychological Examination :05 Motion for Directions as to Scope of Examination :06 Directions as to Who May Attend Examination :07 Motion for Second Examination :08 Sanctions for Failure to Comply :09 Consent to Examination CHAPTER 13. GENERAL MOTIONS :01 Motions to be Heard Orally TC-1

5 ONTARIO COURT FORMS VOLUME 2 13:02 Evidence on Motions to be Heard Orally :03 Motion Record :04 Factum (Motion) :05 Motions in Writing :06 Case Management Motions :07 Motion for Leave to Hold Hearing in Camera :08 Motion to Vary Order Obtained on Motion Without Notice :09 Motion to Designate Judge to Hear all Motions in Complex Cases :10 Motion to Prohibit Vexatious Motions Without Leave :11 Sample Terms on Disposition of Motions :12 Costs Orders on Motions CHAPTER 14. PRESERVATION OF RIGHTS PENDING TRIAL :01 Interlocutory Injunctions :02 Interlocutory Mandatory Order :03 Mareva Injunctions :04 Appointment of Receiver :05 Certificate of Pending Litigation :06 Interpleader :07 Interim Recovery of Personal Property :08 Interim Preservation of Personal Property CHAPTER 15. PRE-TRIAL PROCEDURES :01 Trial Venue :02 Delivery of Jury Notice :03 Motions to Strike Out Jury Notice :04 Listing for Trial :05 Obtaining Evidence Before Trial :06 Admissions :07 Pre-trial Conference CHAPTER 16. STATUS HEARINGS AND DELAY :01 Status Hearings :02 Motion to Restore Action Struck Off List :03 Dismissal for Delay :04 Motion to Set Aside Order of Dismissal for Delay :05 Motion to Stay Subsequent Action :06 Counterclaim Election CHAPTER 17. TRIAL PREPARATION :01 Trial Brief :02 Summonses :03 Motion for Substituted Service of Summons :04 Motion to Secure Attendance of Witness in Custody TC-2

6 TABLE OF CONTENTS VOLUME 2 17:05 Notice to Call Adverse Party :06 Defaulting Witness :07 Affidavit Evidence at Trial :08 Statement of Agreed Facts :09 Notices :10 Certificate of Corporate Document :11 Scott Schedule CHAPTER 18. JUDGMENTS AND ORDERS :01 General Forms of Judgments and Orders :02 Sample Judgment Terms :03 Settlement of Orders :04 Motions to Amend, Vary or Set Aside Judgment :05 Satisfaction of Judgment or Order TC-3

7 TABLE OF CONTENTS VOLUME 3 TABLE OF CONTENTS VOLUME 3 Publisher s Foreword v Preface vii Note on Form Use xi CHAPTER 19. REFERENCES :01 Hearing for Directions :02 Contested Proceedings :03 Taking of Accounts :04 Conduct of a Sale on the Reference :05 Appointment of New Referee :06 Report :07 Confirmation of Report :08 Payment of Claims CHAPTER 20. PAYMENT INTO AND OUT OF COURT :01 Payment into Court :02 Payment out of Court :03 Motion for Interim Payment out where Party Remains under Disability :04 Stop Order CHAPTER 21. SETTLEMENT :01 Letters to Client Explaining Costs Consequences of Offer to Settle :02 Client Instructions :03 Offer to Settle (Plaintiff) :04 Offer to Settle (Defendant) :05 Offer to Settle (Third Party Claim) :06 Offer to Settle (Application) :07 Withdrawal of Offer :08 Acceptance of Offer :09 Motion for Judgment on Accepted Settlement :10 Approval of Settlement Involving Person under Disability :11 Proposal to Settle Motion :12 Notice of Discontinuance :13 Minutes of Settlement :14 Releases :15 Covenant Not to Sue CHAPTER 22. ENFORCEMENT TC-1

8 ONTARIO COURT FORMS VOLUME 3 22:01 Seizure and Sale :02 Garnishment :03 Sequestration :04 Possession :05 Delivery :06 Contempt :07 Sanctions for Failure to Comply with Interlocutory Order :08 Sheriff s Report on Execution of Writ Withdrawal of Writ :10 Receiver (Enforcement Proceeding) :11 Examination in Aid of Execution :12 Attachment under the Absconding Debtors Act :13 Creditors Relief Act CHAPTER 23. PARTY AND PARTY COSTS IN PROCEEDINGS :01 Forms of Costs in Actions :02 Forms of Costs Orders in Applications :03 Forms of Costs Orders in Appeals :04 Costs of Abandoned Motion, Application or Appeal :05 Forms of Costs Orders in Estate Matters :06 Forms of Costs Orders in Class Actions :07 Award to Unsuccessful Party :08 Award Against Officer of Party :09 Forms of Costs Orders Against Lawyer Personally :10 Litigation Guardian :11 Intervenor :12 Costs if Demanded :13 No Costs :14 Reduced Costs :15 Costs Fixed :16 Directions of the Trial Judge Regarding Assessment :17 Bills of Costs :18 Affidavit of Disbursements :19 Assessment of Costs :20 Motion for Sanctions where Costs of Motion Unpaid CHAPTER 24. SOLICITOR AND CLIENT COSTS ASSESSMENTS :01 Order for Assessment :02 Report CHAPTER 25. SECURITY FOR COSTS :01 Draft Bills of Costs :02 Foreign Plaintiff :03 Another Proceeding for the Same Relief TC-2

9 TABLE OF CONTENTS VOLUME 3 25:04 Unpaid Costs :05 Corporate or Nominal Plaintiff :06 Frivolous and Vexatious :07 Security for Costs of an Appeal :08 Security for Costs by Statute :09 Third Party Claim :10 Counterclaim :11 Enforcement :12 Security TC-3

10 TABLE OF CONTENTS VOLUME 4 TABLE OF CONTENTS VOLUME 4 Publisher s Foreword v Preface vii Note on Form Use xi CHAPTER 26. CLASS PROCEEDINGS :01 Statement of Claim :02 Notice of Application :03 Plaintiff s Motion for Certification :04 Applicant s Motion for Certification :05 Defendant s Motion for Certification :06 Respondent s Motion for Certification :07 Motion for Certification with Representative Defendant :08 Notices to Class Members :09 Appeal from Order Regarding Certification :10 Statistical Evidence CHAPTER 27. APPLICATIONS :01 Preliminary Documents :02 Commercial List Applications :03 Opinion, Advice and Directions of a Will or Trust or Interpretation of a Will :04 Removal or Replacement of Executors, Administrators and Trustees :05 Order to Executors, Administrators or Trustees to do or Abstain from doing an Act in Administration of an Estate or Trust :06 Approval of an Arrangement, Compromise, Purchase, Sale, Mortgage, Lease or Variation of Trust :07 Interpretation of Deed, Will, Contract, Instrument, Statute, Order in Council, Regulation, Municipal By-law or Resolution :08 Declaration of Interest in Land or Priority of Charges :09 Remedy under the Canadian Charter of Rights and Freedoms :10 Approval of Settlement Involving a Person under Disability Medical Malpractice :11 Application to Pass Accounts :12 Application for Directions :13 Applications under Statutes TC-1 October 2014

11 ONTARIO COURT FORMS VOLUME 4 27:14 Counter-Applications :15 Examinations and Cross-Examinations :16 Records :17 Factums CHAPTER 28. APPEALS :01 Interlocutory Appeals :02 Appeals from Final Orders :03 Cross-appeals :04 Abandoned Appeals :05 Cross-appeal Where Appeal Dismissed for Delay or Abandonment :06 Costs Appeals and Costs of Appeals :07 Motions in Appeal Courts :08 Certificates Respecting Evidence :09 Supplementary Notice of Appeal or Cross-appeal :10 Appeal Book and Compendium :11 Factum :12 Respondent s Compendium :13 Court of Appeal Motion Confirmation Form CHAPTER 29. JUDICIAL REVIEW :01 Application for Judicial Review to Divisional Court :02 Applications for Judicial Review to the Superior Court of Justice Urgent Matters :03 Record :04 Factum :05 Appearances CHAPTER 30. ESTATES :01 Affidavits Concerning a Will or Codicil :02 Commencement of Proceedings :03 Estate Trustee Application with a Will :04 Estate Trustee Application without a Will :05 Estate Trustee Application for Confirmation by Resealing or Ancillary Appointment :06 Estate Trustee Application by Nominee of Foreign Estate Trustee without a Will :07 Estate Trustee Application by Succeeding Estate Trustee with a Will :08 Estate Trustee Application by Succeeding Estate Trustee without a Will :09 Estate Trustee During Litigation :10 Estate Bonds :11 Orders for Assistance :12 Passing Accounts TC-2 October 2014

12 TABLE OF CONTENTS VOLUME 4 30:13 Objections to Issuing a Certificate of Appointment :14 Application for Directions :15 Motion for Directions :16 Submission of Rights to the Court :17 Settlement :18 Claims Against the Estate :19 Mandatory Mediation in Estate Matters :20 Deposit and Withdrawal of Wills CHAPTER 31. SIMPLIFIED PROCEDURE :01 Originating Process Endorsement :02 Objections to the Simplified Procedure :03 Abandonment by Plaintiff :04 Notice Whether Action Under Rule :05 Consent to Continue :06 Simplified Procedure Motions :07 Readiness for Pre-trial Conference :08 Statement of Issues :09 Trial Management :10 Trial Record :11 Summary Trial CHAPTER 32. SMALL CLAIMS COURT :01 Pleadings :02 Service :03 Request to Clerk :04 Default Judgment :05 Consent Orders :06 Telephone and Video Conferences :07 Contested Motions :08 Settlement Conferences :09 Settlement :10 Trial :11 Enforcement :12 Payment Into and Out of Court TABLE OF CASES CA-1 INDEX IN-1 TC-3 October 2014