- money
- real property (such as land)
- personal property
- an “application” under Rule 14.05 of the Rules of Civil Procedure
- a class proceeding (sometimes called a “class action”)
- subject to the Construction Act , unless it is a trust claim
- A jury trial for claims up to $200,000 is only available if you are suing the defendant for slander, libel, malicious arrest, malicious prosecution or false imprisonment. If your claim is one of these types and you want a jury trial, you must deliver a jury notice and a Form 76A (Notice Whether Action Under Rule 76).
You may be able to use the simplified procedure for claims over $200,000. However, the person you are suing (the defendant) can object to using the simplified procedure for claims over $200,000. If they object, your case will continue under the ordinary procedure.
Your case will also change to the ordinary procedure if the court assigns it for case management.
Important: If your claim is for money or property valued up to $35,000, the Small Claims Court may be a better option for you instead of the Superior Court of Justice, because:
- fees are lower
- the process is typically shorter
- there are cost penalties in the Superior Court of Justice if you start a case there that could have gone to the Small Claims Court
If there are multiple plaintiffs and defendants
When there is more than one plaintiff (person starting the lawsuit), the simplified procedure must be used if each plaintiff’s individual claim has a value of $200,000 or less and meets all of the requirements for using the simplified procedure.
When there is more than one defendant (person being sued), the simplified procedure must be used if the claim against each defendant has a value of $200,000 or less and meets all the requirements for using the simplified procedure.
Steps in the simplified procedure
There are nine main steps to the streamlined, less costly simplified procedure process for resolving certain civil cases in the Superior Court of Justice. The steps are listed below and each step is described in detail.
- Step 1: the plaintiff starts a claim
Step 2: the defendant defends against the claim
Step 3: close of pleading
Step 4: discovery
Step 5: mandatory mediation and settlement discussion - Step 6: setting the action down for trial
Step 7: pre-trial conference
Step 8: bringing a motion
Step 9: the trial
Step 1: the plaintiff starts a claim
If you are the plaintiff, to start the case you must:
- Prepare your documents
- Have the court issue your claim and pay the applicable fees
- Serve your documents on the defendants
Important: Most types of claims have a time limit. After the time limit, you cannot start a lawsuit for the claim. The time limits are governed by the Limitations Act, 2002 .
Prepare your documents
The documents you need to start your case are:
- Statement of Claim (Form 14A or 14B)or a Notice of Action (Form 14C)
- Form 14F (Information for Court Use) – used only if you are filing your claim in person at the court location
Note: You should only use the Notice of Action (Form 14C) if you need more time to prepare your claim. After you submit a Notice of Action, you have 30 extra days to file a Form 14D (Statement of Claim (Action Commenced by Notice of Action).
You must indicate you are bringing your action under the simplified procedure by including the following statement before the heading “CLAIM” on your Statement of Claim:
This action is brought against you under the simplified procedure provided in rule 76 of the Rules of Civil Procedure.
Have the court issue your claim
To have your Statement of Claim or Notice of Action issued by the court, you must submit it along with your payment, either:
- online through the Civil Claims Online portal
- in person at the court location where you want the case to be heard
If you are submitting your form in person, you must also submit a completed Form 14F (Information for Court Use)
When your claim is issued, the court will stamp and date your Statement of Claim or Notice of Action and give you a court file number. You must put this number on all other documents you file with the court.
If you cannot afford to pay court fees, you may be eligible for a fee waiver certificate. Learn about having your court fees waived.
Serve your documents on the defendants
Once the court issues your Statement of Claim (or Notice of Action), you must make sure that each named defendant receives a copy within six months. This is called serving your claim. There are special rules about the ways a claim can be served.
See Rule 16 of the Rules of Civil Procedure to learn more about how to serve your Statement of Claim (and Notice of Action, if applicable). These documents are called “originating processes” in the Rules of Civil Procedure.
If your case involves the provincial government, there are special rules for service. Learn how to serve documents in cases involving the provincial government.
Once you have served your Statement of Claim, you must complete an Affidavit of Service (Form 16B) for each defendant and file it with the court. Your Affidavit of Service must be sworn or affirmed before a person with the authority to commission documents. Learn how to find a notary public or commissioner for taking affidavits.
Step 2: the defendant defends against the claim
If you are the defendant, you will have been served with a Statement of Claim.
- try to negotiate a settlement to avoid going to court
- file a defence
- file a defence and negotiate
If you decide to negotiate, it is a good idea to get advice from a lawyer.
If you would like to file a defence, you must complete all the following steps:
- Prepare your documents
- Serve your documents
- File your documents with the court and pay the applicable fee
There is a deadline to file your defence, it is important to meet these deadlines.
Prepare your documents
The main document you need to defend your case is the Statement of Defence (Form 18A).
There are deadlines for when you need to serve and file your Statement of Defence. If you need more time to prepare your defence, you can first complete a Notice of Intent to Defend (Form 18B). If you serve and file the Notice of Intent to Defend by the deadline for serving the Statement of Defence, you will get 10 extra days to serve and file your Statement of Defence.
Serve your documents
You must give every other “party” (all plaintiffs and other defendants in your case) a copy of your Statement of Defence or Notice of Intent to Defend. This is called serving court documents. See Rule 16 of the Rules of Civil Procedure to learn more about the requirements to serve court documents, including the Statement of Defence and Notice of Intent to Defend.
If your case involves the provincial government, there are special rules for service. Learn how to serve documents in cases involving the provincial government.
You must serve either your Statement of Defence or your Notice of Intent to Defend within:
- 20 days if you were served with the claim in Ontario
- 40 days if you were served with the claim elsewhere in Canada or the USA
- 60 days if you were served with the claim outside of Canada or the USA
If you serve a Notice of Intent to Defend on the other parties, you must also:
- file a copy of the Notice of Intent to Defend and Affidavit of Service with the court (see the instructions below)
- serve a Statement of Defence (Form 18A) on all the other parties no more than 10 days later and file it with the court
See Rule 18 of the Rules of Civil Procedure for more information about when to serve your Statement of Defence.
If you do not file your Statement of Defence by the applicable deadline, the plaintiff can have you noted in default. Learn more about being noted in default.
Despite the timelines, you can file a Statement of Defence any time before being noted in default. See Rule 19 of the Rules of Civil Procedure for more information.
Once you have served your Statement of Defence or Notice of Intent to Defend, you must complete an Affidavit of Service (Form 16B) for each other party and file it with the court. Your Affidavit of Service must be sworn or affirmed before a person with the authority to commission documents. Learn how to find a notary public or commissioner for taking affidavits.
File your documents
To file your Statement of Defence or Notice of Intent to Defend and all Affidavits of Service with the court, you must submit them along with your payment, either:
- online through the Civil Claims Online portal
- in person at the court location indicated on the Statement of Claim
If you decide to use a Notice of Intent to Defend, you must file two sets of documents with the court:
- The Notice of Intent to Defend and the Affidavits of Service to prove you served the Notice.
- No more than 10 days later, the Statement of Defence and the Affidavits of Service to prove you served the Statement of Defence.
If you file your defence online, you must ensure you receive confirmation from the court. If your defence is not accepted by the court (for example, because there is a mistake in your documents), you must submit a new defence before the original deadline. Otherwise, the plaintiff can note you in default.
If you cannot afford to pay court fees, you may be eligible for a fee waiver certificate. Learn about having your court fees waived.
Step 3: close of pleading
“Pleadings” are the written documents submitted in the first stages of a court case. Pleadings include the:
- Statement of Claim (Form 14A or 14B)
- Statement of Defence (Form 18A)
- Reply (Form 25A) – this is a form that the plaintiff can choose to complete, serve on the other parties and file with the court
There are other types of pleadings that the defendant can complete in addition to the Statement of Defence if they want to make claims of their own. These extra documents need to be attached to the Statement of Defence and served and filed together. The plaintiff or other parties can then serve and file other types of pleadings in response. These other pleadings include:
- Counterclaim (Form 27A or 27B): used by the defendant to make claims against the plaintiff
- the plaintiff can then submit a Defence to Counterclaim (Form 27C)
- the other defendant can then submit a Defence to Crossclaim (Form 28B)
- the new person (the “third party”) can then submit a Third Party Defence (Form 29B)
Rule 25 of the Rules of Civil Procedure gives the requirements and timelines for all of the pleadings. You can also find more details in Rules 26 to 29.
The pleadings are considered “closed” when the plaintiff has served and filed a reply to every defence (or the deadlines for doing so set out in Rules 25 through 29 have passed) and when every defendant who has not delivered a defence by the deadline has been noted in default.
Step 4: discovery
In a process called “discovery”, the parties exchange information about their evidence before going to trial. There are two parts to the discovery process:
- discovery of documents, where parties list all relevant documents and provide a copy of each
- examination for discovery, where parties ask each other questions while being recorded
Benefits of discovery
The discovery process can help:
- assess the strengths and weaknesses of each side’s case before trial
- narrow the issues for trial
- reach a settlement
Affidavit of documents
No more than 10 days after the pleadings close, every party in the case must serve on every other party:
- an Affidavit of Documents (Form 30A or Form 30B)
- a copy of every document listed in Schedule A of the Affidavit of Documents
The Affidavit of Documents is a form that lists all the relevant documents that are, or have been, in a party’s possession, power or control. The Affidavit of Documents must be sworn or affirmed before a person authorized to commission documents.
It is important that you list the names and addresses of every person who might know about the facts that are relevant in the case. If you do not list a person’s name in the Affidavit of Documents, you will not be able to call them as a witness at trial without the court’s permission.
You must file your Affidavit of Documents with the court at least five days before the pre-trial conference.
Examination for discovery
Examination for discovery allows you and the other parties to ask each other questions, under oath, before the trial. The examination is recorded and can be transcribed. The other parties can use the statements you make during the examination for discovery as evidence in trial, and vice versa.
In the simplified procedure, the total amount of time you are allowed to examine all other parties combined is three hours.
Step 5: mandatory mediation and settlement discussion
Parties in a civil court case are expected to try to resolve their dispute or to reduce the number of issues where they disagree. There are several ways to do this.
Mediation
Mediation is one way for you and the other parties to try and reach a settlement without having to go to trial, even if you are already involved in a court case. In mediation, a neutral third party (the mediator) helps you look for a solution that works for everyone.
Under Rule 24.1 of the Rules of Civil Procedure , parties in a simplified procedure case in Toronto, Windsor or Ottawa must attend a mandatory mediation session at an early stage of the case.
Learn more about the Ontario Mandatory Mediation Program in these court locations.
Settlement discussion
In the simplified procedure, you and the other parties must have a meeting or phone call 60 days or less after the Statement of Defence or Notice of Intent to Defend is filed. The purpose of the conversation is to:
- consider whether the parties have disclosed all relevant documents to each other during the discovery process
- discuss whether you can agree to settle some or all the issues in the lawsuit
See Rule 76.08 of the Rules of Civil Procedure for more information.
Step 6: setting the action down for trial
“Setting an action down for trial” means telling the court that you want to move the case forward towards a trial.
In the simplified procedure, the case must be set down for trial no more than 180 days after the first Statement of Defence or Notice of Intent to Defend was filed. To set the case down for trial, the plaintiff must:
- serve a Notice for Readiness for Pre-Trial Conference (Form 76C) on all parties
- file Form 76C and an Affidavit of Service with the court
You can file Form 76C and the Affidavit of Service online using the Civil Submissions Online portal or in person at the court
If the plaintiff does not take this step, one of the other parties must do so.
Step 7: pre-trial conference
All parties must attend a pre-trial conference before the trial can be held. The pre-trial conference is heard by a judge or associate judge. It is a chance to discuss:
- potential settlement
- whether the issues can be simplified
- the conduct of the trial, including how many days it will take (maximum five days)
How to schedule the pre-trial conference
To schedule the pre-trial conference, you and the other parties should agree on a date and time no more than 180 days after the case is set down for trial. One of you must then contact the court registrar to let them know.
If you do not agree on a date for the pre-trial conference and schedule it, the court registrar will set the date for you and you will have to attend on that date.
Prepare for the pre-trial conference
30 days before the pre-trial conference, you and the other parties must come to an agreement on a proposed trial management plan. The plan should include:
- a list of every party’s witnesses who will be called at the trial
- details about how the parties will divide the trial time, up to a maximum of five days in total, to ensure each party’s time includes:
- an opening statement
- presentation of their own witnesses’ affidavit evidence and other parties’ testimony during examination for discovery (“evidence in chief”)
- cross-examinations of other parties’ witnesses
- re-examination of their own witnesses, if other parties cross-examine them
- oral argument
Five days before the pre-trial conference, you and the other parties must serve on each other a:
- Trial Management Checklist (Form 76D)
- statement setting out the issues and your position on each issue (maximum three pages)
Five days before the pre-trial conference, you and the other parties must each file with the court a copy of all the following documents:
- the Trial Management Checklist and statement that you served on each other, as well as an Affidavit of Service to prove all parties were served
- the trial management plan proposed by the parties
- your Affidavit of Documents (Form 30A or Form 30B)
- the documents you are using to support your claim or defence
- an affidavit from each expert witness whose evidence you want to use at trial, along with that expert’s report
- if you want an expert witness to give evidence to support your claim or defence, you must follow the special requirements and timelines outlined in Rule 4.1, Rule 53.03 and Rule 76.09.1 of the Rules of Civil Procedure
Attend the pre-trial conference
You and every other party must personally attend the pre-trial conference, unless the court says that only a party’s lawyer has to attend. The pre-trial conference may be held, either:
- in person
- by telephone or videoconference
If you and the other parties cannot settle the case at or before the pre-trial conference, the pre-trial judge or associate judge will schedule the trial and give any additional instructions.
Step 8: bringing a motion
A motion is a formal request made to the court during a court case. You can bring (make) a motion to ask a judge, associate judge or registrar to make an order in your case.
To bring a motion in a simplified procedure case, you must file a Simplified Procedure Motion Form (Form 76B) with the court and pay the applicable fees.
A motion can be heard, either:
- in person
- in writing
- by telephone or video conference
If all parties agree to the motion, one of the parties should file a written consent (agreement). Motions brought on consent can often be handled more quickly than contested motions (motions where the parties do not agree).
Summary judgment motion
In simplified procedure cases, you can bring a summary judgment motion if you do not believe a trial is necessary.
A motion for summary judgment is not the same as a summary trial. Summary judgment means a final decision is made by the court without a trial at all. A summary trial is a quick trial with a streamlined procedure. All trials under the simplified procedure are summary trials, unless a judge orders otherwise.
A summary judgment motion can be used by a plaintiff or a defendant to ask the court to decide if there is any issue in the case that requires a trial. If the court decides a trial is not needed, it may grant judgment.
See Rule 20 of the Rules of Civil Procedure to learn more about summary judgment motions.
Step 9: the trial
The trial record
The trial record is a collection of documents needed for trial. It is used by all the parties and the judge who will hear the case.
If you were the party who served and filed Form 76C (Notice of Readiness for Pre-Trial Conference), you are responsible for the trial record. At least 10 days before the trial is scheduled to start, you must:
- serve a copy of the trial record on each party
- file the trial record with an Affidavit of Service with the court and pay the applicable fees
You can file the documents and pay the fees online using the Civil Submissions Online portal or in person at the court.
The trial record contains all the following documents:
- a table of contents
- a copy of every party’s pleadings (such as each statement of claim, statement of defence, counterclaim, defence to counterclaim, crossclaim, defence to crossclaim, third party claim, third party defence and all types of replies)
- a copy of any demand or order for particulars (details) of a pleading and the particulars delivered in response
- a copy of any orders made in your case, including the approved trial management plan
- a certificate stating that the trial record contains all of the above documents
- this must be signed by the lawyer of the party filling the trial record, if that party has a lawyer. If that party does not have a lawyer, the party has to sign the certificate themselves.
See Rule 76.11 of the Rules of Civil Procedure for more information about the trial record.
Witnesses at trial
Under the simplified procedure, parties present their evidence using affidavits that have been sworn or affirmed by their witnesses and transcripts from the examination for discovery.
Witnesses only testify in person if they are called to be cross-examined by another party. If your witness is cross-examined, then you can choose to re-examine them in-person during the trial.
If you plan to question another party’s witness in-person at the trial, you must inform the other party at least 10 days before the trial is scheduled to start.
If another party tells you that they want to question one of your witnesses at the trial, you must arrange for your witness to attend.
Going to trial
Trials under the simplified procedure are streamlined. They last a maximum of five days. Each party can make an opening statement at the start of the case and oral argument after the evidence has been presented.
After the trial ends, the judge will prepare their judgment.
If the plaintiff does not start the claim under simplified procedure
Generally, a party who is successful in their civil court case is awarded costs by the court. One or more of the other parties may be ordered to pay the costs to cover some or all of the other party’s costs (such as lawyer’s bills, court filing fees and similar costs of litigation). Costs are separate from the amount of the claim itself.
If you are the plaintiff and you do not start your claim using the simplified procedure, you may face cost consequences if the court finds that your claim had a value of $200,000 or less. In this situation, you may:
- not be awarded any costs even if you are successful
- be required to pay all or part of the defendant’s costs
If you realize that your claim should have been brought under the simplified procedure, or if you have updated your Statement of Claim so that the value is now $200,000 or less, you can switch to the simplified procedure by serving and filing Form 76A.
See Rule 26 of the Rules of Civil Procedure to learn more about amending a claim.
If the defendant does not agree to the simplified procedure
If you are the defendant, you can object to the plaintiff using the simplified procedure by:
- stating in your Statement of Defence that the claim’s actual value is more than $200,000
- stating in your Statement of Defence that the claim is not one of the types of matters where simplified procedure should be used according to the Rules of Civil Procedure
- making a counterclaim, crossclaim or third-party claim that is more than $200,000 and stating that your claim should proceed under the ordinary procedure
The case will proceed under the ordinary procedure if any of these objections are made and the claim is not changed to follow the simplified procedure. If the case is continuing under the ordinary procedure, the plaintiff must serve Form 76A on all parties and file it with the court.
If you are the defendant and you object to using the simplified procedure because you believe the value of the claim is more than $200,000, you may have to pay additional costs if the court decides that the value was less than this amount.
If you do not take steps in your case
If you do not take steps to bring your case to a conclusion either by trial or by settlement, the court will automatically dismiss the action after a period of time. The process for automatically dismissing simplified procedure cases is the same as in ordinary procedure cases.
Get legal advice
You are strongly encouraged to consult a lawyer to help you through the legal process of your civil claim. Lawyers are in the best position to inform you of your legal rights and responsibilities.
How to find a lawyer
The Law Society Referral Service can provide you with the name of a lawyer who:
- practices civil litigation
- will provide a free initial consultation of up to 30 minutes
If you are in crisis, you can call the Referral Service during business hours to be connected with a lawyer urgently:
- Tel : 416-947-5255
- Toll-free: 1-855-947-5255
The Law Society of Ontario also maintains a list of lawyers in Ontario.
For free summary advice over the phone, Pro Bono Law Ontario is a not-for-profit organization that offers a legal advice hotline.
Representing yourself
If you choose to go to court, you can represent yourself. It is important to understand that judges and court staff cannot give you legal advice or fill out forms for you. Only lawyers can give you legal advice in civil court matters in the Superior Court of Justice.
People who represent themselves are responsible for informing themselves about the law and the court’s procedures. You will be held to the same standard as people who have lawyers representing them.
Certain parties must be represented by a lawyer, including:
- corporations (unless the court says otherwise)
- a person who holds decision-making authority on behalf of a party, such as a trustee or litigation guardian
- a litigation guardian is a type of guardian who works with a lawyer on behalf of a person who cannot manage their court case themselves, including:
- a minor (under age 18)
- an adult who is mentally incapable in relation to an issue in the court proceeding, whether or not the person already has a guardian. The definition of mental incapacity is set out in the Substitute Decisions Act, 1992
- an absentee, as defined in the Absentees Act
Related information
- Civil claims: suing and being sued
- Small claims court: suing someone
- Small claims court: being sued
- a litigation guardian is a type of guardian who works with a lawyer on behalf of a person who cannot manage their court case themselves, including: