Civil Procedure
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| Rule 3.02 (1) | Subject to sub (3), the court order to extend or abridge any time prescribed by these rules or an order on just terms. | |
| Rule 3.02 (2) | A motion for an order to extend time may be made before or after the prescribed time expires. | |
| Rule 14.07 (1) | An originating process is issued when Registrar dates, signs, and seals it with seal of the court and assigns a court file number to it. | |
| Rule 14.08 (1) | Where action is commenced by statement of claim, it must be served within 6 months after issued. | |
| Rule 16.01 (1) | An originating process must be served personally as in 16.02 or by an alternative to personal service as in 16.03. | |
| Rule 16.01 (2) | A party who has not been served with originating process but delivers a defence, notice of intent, or a notice of appearance is deemed to have been served as of the date of delivery. | |
| Rule 16.01 (3) | No other documents need to be served personally or by an alternative, unless the rules or an order require it. | |
| Rule 16.01 (4) | Any document not required to be served personally or by an alternative; (a) shall be served on a party with lawyer of record by serving the lawyer in manner under 16.05; (b) may be served on a party acting in person or on a person who is not a party, (i) by mailing a copy of document to last address for service, if no address provided, to the party or person’s last known address, or (ii) by personal service or an alternative. | |
| Rule 16.02 (1) | personal service; (a) individual, by leaving them copy; (b) municipal corp, by leaving copy with chair, mayor, warden or reeve, the clerk or deputy clerk, or with lawyer of municipality; (c) corp, by leaving copy of document with officer, director, or agent, or with person at place of business who appears in control or management; (e) person outside Ont carrying on business in Ont., leaving copy with anyone carrying on business in Ont. | |
| Rule 16.02(2) | A person effecting personal service need not produce original or have it in possession. | |
| Rule 16.03 (1) | Where rules or order permit service by an alternative, service must be made in accordance with this rule. | |
| Rule 16.03 (2) | Service on party with lawyer may be made by leaving copy with lawyer or lawyer’s employee, but service is effective only if lawyer endorses on document or a copy, an acceptance of service and date. | |
| Rule 16.03 (3) | By accepting service the lawyer is deemed to represent that he or she has authority of client to accept service. | |
| Rule 16.03 (4) | Service of document may be made by sending copy with an acknowledgement of receipt card (Form 16A) by mail to last known address, but service here only effective as of date sender receives the card. | |
| Rule 16.03 (5) | Where attempt to effect personal service made at place of residence and it cannot be effected, document may be served by; (a) leaving a copy, in sealed envelope addressed to person, at place of residence with anyone who appears to be adult member of same home; and (b) on same or following day mails another copy to the person at place of residence, and service in this manner will be effective on fifth day after document mailed. | |
| Rule 16.03 (6) | For service on corporation, where head office, registered office or principal place of business, or in case of extra-provincial corporation, the attorney for service in Ont. cannot be found at last address recorded, service may be made by mailing copy to the corporation or attorney for service in Ont, as case may be, at that address. | |
| Rule 16.04 (1) | Where it appears to court it is impractical to effect prompt service of originating process or another document where personal service required, the court may make an order for substituted service, or where necessary in interests of justice, may dispense with service. | |
| Rule 16.04 (2) | In an order for substituted service, court shall specify when service will be effective. | |
| Rule 16.04 (3) | Where order made dispensing with service, document shall be deemed to have been served on date of order. | |
| Rule 17.02 | Service out without leave. | |
| Rule 17.02 (a) | Service out without leave WRT real or personal property in Ont. | |
| Rule 17.02 (b) | Service out without leave WRT administration of estate, (i) WRT real property in Ont, or (ii) where deceased person at time of death was resident of Ont. | |
| Rule 17.02 (c) | Service out without leave for the interpretation, rectification, enforcement or setting aside of deed, will, contract or other instrument WRT, (i) real or personal property in Ont, or (ii) the personal property of deceased person who was a resident at time of death. | |
| Rule 17.02 (d) | Service out without leave against a trustee WRT execution of trust in written instrument where assets of trust include real or personal property in Ont. | |
| Rule 17.02 (e) | Service out without leave for foreclosure, sale, payment, possession or redemption WRT mortgage, charge, or lien on real or personal property in Ont. | |
| Rule 17.02 (f) | Service out without leave WRT a contract where, (i) made in Ont, (ii) provides it is to be governed by or interpreted in accordance with laws of Ont, (iii) the parties to it have agreed to have jurisdiction over legal proceedings in Ont, or (iv) breach of contract has been committed in Ont, although breach was preceded or accompanied by breach outside Ont. | |
| Rule 17.02 (g) | Service out without leave WRT tort committed in Ont. | |
| Rule 17.02 (h) | Service out WRT damage sustained in Ont., arising from tort, breach of contract, breach of fiduciary duty or confidence, wherever committed; (i) for an injunction ordering a party to do or refrain from doing anything in Ont. or affecting real or personal property in Ont. | |
| Rule 17.02 (m) | Service out without leave on judgment of court outside Ont. | |
| Rule 17.02 (n) | Service out without leave authorized by statute to be made against person outside Ont. by proceeding commenced in Ont. | |
| Rule 17.02 (o) | Service out without leave against a person outside Ont. who is necessary or proper party to proceeding properly brought against another served in Ont. | |
| Rule 17.02 (p) | Service out without leave against person ordinarily a resident or carrying on business in Ont. | |
| Rule 17.02 (q) | Service out without leave where properly the subject matter of counterclaim, cross-claim, or third party claim under rules. | |
| Rule 17.02 (r) | Service out without leave made by or on Crown or municipal corporation’s behalf to recover money owing for taxes or other debts due to them. | |
| Rule 17.03 (1) | where case does not apply in 17.02, court may grant leave to serve originating process or notice of reference outside Ont. | |
| Rule 17.03 (2) | A motion for leave to serve party outside Ont. may be made without notice, and must be supported with affidavit or other evidence showing place or country person is probably or may be found in, and grounds on which motion made. | |
| Rule 17.04 (1) | Originating process served outside Ont. without leave must disclose facts and specifically refer to provision under 17.02 relied on in support. | |
| Rule 17.04 (2) | Where originating process served outside Ont. with leave, originating process must be served with order granting leave and any affidavit or other evidence used to obtain order. | |
| Rule 17.06 (1) | A party who has been served with originating process outside Ont may move, before they deliver defence, notice of intent or notice of appearance, (a) for order setting aside service and order authorizing it; or (b) for order staying proceedings. | |
| Rule 17.06 (2) | Court may make an order under sub (1) or such order as is just if satisfied, (a) service outside Ont is not authorized by these rules; (b) order granting leave to serve outside should be set aside; or (c) Ont is not convenient forum to hear proceeding. | |
| Rule 17.06 (3) | Where on motion under sub (1), court concludes service out is not authorized, but is a case where it would have been appropriate to grant leave to serve outside Ont under 17.03, it may make order validating service. | |
| Rule 17.06 (4) | The making of a motion under sub (1) is not in itself a submission to the jurisdiction of court over the moving party. |
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