Rules of Civil Procedure of Ontario
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| Rule 5.01(1) | A plaintiff or applicant may in the same proceeding JOIN any claims the plaintiff or applicant has against an opposite party. | |
| Rule 5.01(2) | A plaintiff or applicant may sue in different capacities and a defendant or respondent may be sued in different capacities in the same proceeding. | |
| Rule 5.01(3) | Where there is more than one defendant or respondent, it is not necessary for each to have an interest in all the relief claimed or in each claim included in the proceeding. | |
| Rule 5.02(1) | Two or more persons who are represented by the same lawyer of record may join as plaintiffs or applicants in the same proceeding where, (a) they assert, whether jointly, severally or in the alternative, any claims to relief arising out of the same transaction or occurrence (b) a common question of law or fact; or (c) joining in the same proceeding may promote administration of justice. | |
| Rule 5.02(2) | (a)Two or more persons may be joined as defendants or respondents where, | |
| Rule 5.03 (1) | Every person whose presence is necessary to enable the court to adjudicate effectively and completely on the issues in a proceeding shall be joined as a party to the proceeding. | |
| Rule 5.03(2) | A plaintiff or applicant who claims relief to which any other person is jointly entitled with the plaintiff or applicant shall join, as a party to the proceeding, each person so entitled. | |
| Rule 5.03(3) | In a proceeding by the assignee of a debt or other chose in action, the assignor shall be joined as a party unless,(a) the assignment is absolute and not by way of charge only; & (b) notice in writing has been given to the person liable in respect of the debt or chose in action that it has been assigned to the assignee. | |
| RULE 5.03(4) | The court may order that any person who ought to have been joined as a party or whose presence as a party is necessary to enable the court to adjudicate effectively and completely on the issues in the proceeding shall be added as a party. | |
| RULE 5.03(5) | A person who is required to be joined as a party under subrule (1), (2) or (3) & who does not consent to be joined as a plaintiff or applicant shall be made a defendant or respondent. | |
| RULE 5.03(6) | The court may by order relieve against the requirement of joinder under this rule. | |
| RULE 5.05 | Where joinder of multiple claims or parties in the same proceeding may unduly complicate , delay hearing or cause undue prejudice the court may: (a) order separate hearings; (b)require one or more of the claims to be asserted in another proceeding;(c)order that a party be compensated for attending any part of the hearing that is of no interest to him(d) stay the proceeding pending the hearing against another D where decision may be binding, (e) make such other order as is just. | |
| RULE 6.01 (1) | Where two or more proceedings are pending in the court and it appears to the court that,(a) they have a common question of law or fact; (b) the relief claimed in them arises out the same occurrence; or (c) for any other reason an order ought to be made under this rule the court may order that, (d) proceedings be consolidated, heard at the same time or one after the other; | |
| RULE 6.01 (1) (e) | Where two or more proceedings are pending in the court and it appears to the court that or any of the proceedings be, (i) stayed until after the determination of any other of them, or (ii) asserted by way of counterclaim | |
| RULE 6.1.01 | With the consent of the parties, the court may order a separate hearing on one or more issues in a proceeding, including separate hearings on the issues of liability and damages. | |
| RULE 27.01 (1) | Against the P a D may assert, by way of counterclaim in the main action, any right or claim against the plaintiff including a claim for contribution or indemnity under the Negligence Act in respect of another party’s claim against the defendant. | |
| RULE 27.01 (2) | D who counterclaims against a plaintiff may join as a defendant to the counterclaim any other person, whether a party to the main action or not, who is a necessary or proper party to the counterclaim. | |
| RULE 28.01 (1) | D may make a crossclaim against a co-defendant who, (a) is or may be liable to the defendant for all or part p’s claim; (b) is or may be liable to an independent claim for damages or other relief arising out of, (i) a transaction or occurrence involved in the main action, or (ii) a related transaction or occurrence ; or (c) should be bound by the court ruling of an issue between the plaintiff & defendant. | |
| RULE 29.01 | D may commence a third party claim against any person who is not a party to the action and who,(a) is or may be liable to the D for all or part of the p claim; | |
| RULE 29.01 (b) | D may commence a 3rd party claim against any person who is not a party to the action and who is or may be liable to the D for an independent claim for damages or other relief arising out of, (i) a transaction or occurrence involved in the main action, or (ii) a related transaction or occurrence of transactions or occurrences; or (c) should be bound by the determination of an issue between plaintiff &defendant. | |
| RULE 13.01(1)(a) | A person who is not a party to a proceeding may move for leave to intervene as an added party if the person claims an interest in the subject matter of the proceeding (b) that the person may be adversely affected by a judgment in the proceeding; or (c) that there exists between the person and one or more of the parties a question of law or fact in common with one or more of the questions in the proceeding. | |
| RULE 13.01(2) | On the motion, the court shall consider whether the intervention will unduly delay or prejudice the determination of the rights of the parties to the proceeding and the court may add the person as a party to the proceeding and may make such order as is just. | |
| RULE 13.02 | Any person may, with leave of a judge or at the invitation of the presiding judge or master, and w/out becoming a party to the proceeding, intervene as a friend of the court for the purpose of rendering assistance by way of argument. |
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