In that situation the party who is disadvantaged by the jury will often move under Rule On such a motion, the decision to retain or strike the Jury Notice is one of judicial discretion. When a motion to strike the Jury Notice is brought the moving party bears the burden of persuasion and must point to features in the legal or factual issues to be resolved in the evidence or the conduct of the trial which merit the discharge of the jury 8.
The Supreme Court of Canada has held that the right to a jury trial is both a statutory and a substantive right which should not be interfered with absent just cause. In considering the merit of a motion to strike out the Jury Notice under Rule One factor that the trial judge must consider in determining the legitimacy of the motion is the complexity of the case.
The case law sets out that a trial judge can take into consideration the complexity of the evidence when deciding whether or not to dismiss the jury. As the Divisional Court wrote at paragraph 23 in Soldwisch If during a trial a judge had difficulty understanding technical evidence he is in a position to ask questions to obtain the necessary explanation.
On the other hand it is not always easy to know whether the jury as a whole in understanding the evidence, much less to know whether one or more jurors are experiencing difficulty. It is frequently difficult enough for an expert to explain a technical matter so that one person can understand it. It is substantially more difficult to explain it in a way that a number of different persons, each with different educational and occupational backgrounds, can do so.
Often one person can be educated more quickly than a group. It is, we think, more probable within some reasonable time constraints that one person — the judge — can be educated more quickly than can a group of people — the jury.
A consideration of the complexity of the case relates not only to the facts and the evidence, but also to the applicable legal principles. The area of medical malpractice is one type of civil litigation that often sees motions to strike the Jury Notice simply because cases in this area often involve highly complex evidence.
A certificate of action under section 36 of the Construction Act Form 14 under that Act. Every document the party files or has filed with the court in respect of the hearing or conference. Subject to subrule 5 , any other document in the court file that the party intends to rely on at the hearing or conference and that has not already been submitted to CaseLines by another party.
A compendium containing the excerpted portions of the cases and of the evidence to which the party intends to refer during the hearing or conference. In the case of the hearing of a motion or application where the party is required to give the registrar a confirmation of motion Form 37B or confirmation of application Form 38B , the deadline is the date and time by which the confirmation is required to be given.
In any other case, the deadline is five days before the date of the hearing or conference, unless the court orders otherwise. Any other document must be submitted only in Portable Document Format PDF or, if appropriate, in Excel format, except that an exhibit may be submitted in any format accepted by CaseLines.
References in those subrules to the Court of Appeal shall be read as references to the Divisional Court. For the purposes of subrule Note: On January 1, , the day section 2 to Schedule 9 to the Accelerating Access to Justice Act, comes into force , clause Drawing any reasonable inference from the evidence. Actions that were governed by this Rule immediately before January 1, Actions that are commenced in one of the following counties on or after January 1, Actions that are transferred to a county listed in paragraph 2 on or after January 1, , unless the court orders otherwise.
Rule 35 Examination for Discovery by Written Questions. In the case of an application or motion for an interpleader order under subrule If no proceeding has been commenced in respect of the property, the person shall make an application naming the claimants as respondents. If a proceeding has been commenced in respect of the property, the person shall make a motion in the proceeding on notice to the claimants. The notice of application or notice of motion shall require the claimants to attend the hearing to substantiate their claims.
The application or motion shall be supported by an affidavit identifying the property, containing the names and addresses of every claimant of whom the deponent has knowledge, and stating that the applicant or moving party,. The claimant shall make a motion, on notice to the other claimants, in the proceeding in which the writ of execution was issued against the debtor.
The notice of motion shall require the other claimants to attend the hearing to substantiate their claims. The action has not been set down for trial or terminated by any means by the fifth anniversary of the commencement of the action. The action was struck off a trial list and has not been restored to a trial list or otherwise terminated by any means by the second anniversary of being struck off.
In the case of an action, the names of the witnesses that the party is likely to call at the trial and the length of time that the evidence of each of those witnesses is estimated to take. The steps that need to be completed before the action is ready for trial or the application is ready to be heard, and the length of time that it is estimated that the completion of those steps will take.
The possibility of settlement of any or all of the issues in the proceeding. The possibility of obtaining admissions that may facilitate the hearing. Any other matter that may assist in the just, most expeditious and least expensive disposition of the proceeding. The plaintiff may make an opening address and, subject to paragraph 2, shall then adduce evidence. A defendant may, with leave of the trial judge, make an opening address immediately after the opening address of the plaintiff, and before the plaintiff adduces any evidence.
The nature of the opinion being sought and each issue in the proceeding to which the opinion relates. A partner of a partnership that is an adverse party. Subrule The issuing, service, filing, enforcement and renewal of a writ of execution and notice of garnishment. Any other procedure authorized by these rules for enforcing the order. A lawyer or a person licensed under the Law Society Act to provide legal services in Ontario. A person who has filed a requisition with the registrar to provide for the electronic issuance and filing of documents in relation to the enforcement of an order.
A Minister or body acting under the authority of an Act of Canada or Ontario. Part I, containing a statement identifying the moving party and the court from which it is proposed to appeal, and stating the result in that court. Part II, containing a concise summary of the facts relevant to the issues on the proposed appeal, with such reference to the evidence by page and line as is necessary. Part III, containing the specific questions that it is proposed the court should answer if leave to appeal is granted.
Part IV, containing a statement of each issue raised, immediately followed by a concise statement of the law and authorities relating to that issue. Schedule B, containing the text of all relevant provisions of statutes, regulations and by-laws. Part III, containing a statement of any additional issues raised by the responding party, the statement of each issue to be followed by a concise statement of the law and authorities relating to it.
B the name, address for service and telephone number of the party or other person, if acting in person. A final order of a judge of the Superior Court of Justice for costs, under clauses 19 1 a and b of the Courts of Justice Act. Home page Laws R. Print Download. This is the English version of a bilingual regulation.
October 15, — e-Laws currency date. September 1, — October 14, July 20, — August 31, July 1, — July 19, Share this: LinkedIn. Phone: Email: info trialcounsel. All Rights Reserved. How do you actually make the amendment on the document? It is in a specific way. The Rules are very specific in how you make those amendments.
Let me see if I can show you a pleading. This is an example of a pleading. I have taken away the court file numbers and parties name but you can see here that originally it was a statement of claim and I had amended it.
Then whatever the original issuance date was—in this case it was February 10 th You keep that—you do not change the date to the current date. You keep the original date as it is because when the registrar will amend it, the Registrar will put a stamp here and then put an issuance date here which will be the date of the amended statement of claim. But you do not change this date.
We have added a sub-paragraph here and that paragraph is underlined. Every single amendment you make needs to be underlined.
Then similarly, if you scroll all the way down you will notice that the back page also takes the word amended and you provide that. If you have multiple amendments—you made this amendment and then later on you realize that you need to amend it further.
Then what you have to do is you add another word amended here and then you put another underline —so two underlines will indicate that there have been two amendments to the document.
One underline indicates one amendment. If I have to amend it again I will add another word here saying amended—so that indicates that it has been amended twice and underline it and so on and so forth. What you want to keep in mind is that when you are drafting pleadings originally , not the amended ones, you do not want to use underlining at any stage in the pleading.
You will see that none of the headings are underlined because the underlining in Rules is specifically used to show amendments. If you underlined in the original pleadings—that becomes confusing when you are actually amending the pleading, for any reason. Essentially what it is—if your changes or amendments are so cumbersome that it will be difficult or inconvenient to read that document, then what you can do is you create a fresh document with all the changes that you want.
That will indicate to the reader that this is a fresh statement of claim which has been amended and it has been amended without the underlining because by reading through those under linings it would have been cumbersome and difficult to read.
Issuance and service of amended pleadings : You take the amended pleadings to the court, the Registrar will issue the amended pleadings and put an issuance stamp on it.
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