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10 Jan

APPLICATION OF RULES Court of Appeal and Superior Court of Justice 1.02 These rules apply to all civil proceedings in the Court of Appeal and in the Superior Court of Justice, subject to the following exceptions: 1. Combined Proceeding in Family Court of Superior Court of Justice Where a proceeding combines a matter to which the Family Law Rules apply with a matter to which these rules would ordinarily apply, the parties may agree, or the court on motion may order, that the Family Law Rules apply to the combined proceeding or part of it. In these rules, unless the context requires otherwise, “action” means a proceeding that is not an application and includes a proceeding commenced by, (a) statement of claim, (b) notice of action, (c) counterclaim, (d) crossclaim, or (e) third or subsequent party claim; (“action”) “appellant” means a person who brings an appeal; (“appelant”) “appellate court” means the Court of Appeal or the Divisional Court, as the circumstances require; (“tribunal d’appel”) “applicant” means a person who makes an application; (“requérant”) “application” means a proceeding commenced by notice of application; (“requête”) “county” includes a district, a regional or district municipality, and the City of Toronto; (“comté”) “court” means the court in which a proceeding is pending and, in the case of a proceeding in the Superior Court of Justice, includes, (a) a master having jurisdiction to hear motions under Rule 37, and (b) a case management master; (“tribunal”) “defendant” means a person against whom an action is commenced; (“défendeur”) “deliver” means serve and file with proof of service, and “delivery” has a corresponding meaning; (“remettre”, “remise”) “disability”, where used in respect of a person, means that the person is, (a) a minor, (b) mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992 in respect of an issue in the proceeding, whether the person has a guardian or not, or (c) an absentee within the meaning of the Absentees Act; (“incapable”, “incapacité”) “discovery” means discovery of documents, examination for discovery, inspection of property and medical examination of a party as provided under Rules 30 to 33; (“enquête préalable”) “document” includes data and information in electronic form; (“document”) “electronic” includes created, recorded, transmitted or stored in digital form or in other intangible form by electronic, magnetic or optical means or by any other means that has capabilities for creation, recording, transmission or storage similar to those means, and “electronically” has a corresponding meaning; (“électronique”, “par voie électronique”) “hearing” means the hearing of an application, motion, reference, appeal or assessment of costs, or a trial; (“audience”) “holiday” means, (a) any Saturday or Sunday, (b) New Year’s Day, (b.1) Family Day, (c) Good Friday, (d) Easter Monday, (e) Victoria Day, (f) Canada Day, (g) Civic Holiday, (h) Labour Day, (i) Thanksgiving Day, (j) Remembrance Day, (k) Christmas Day, (l) Boxing Day, and (m) any special holiday proclaimed by the Governor General or the Lieutenant Governor, and where New Year’s Day, Canada Day or Remembrance Day falls on a Saturday or Sunday, the following Monday is a holiday, and where Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday are holidays, and where Christmas Day falls on a Friday, the following Monday is a holiday; (“jour férié”) “judge” means a judge of the court; (“juge”) “judgment” means a decision that finally disposes of an application or action on its merits and includes a judgment entered in consequence of the default of a party; (“jugement”) “lawyer” means a person authorized under the Law Society Act to practise law in Ontario; (“avocat”) “lawyer’s office” means the office of the lawyer of record as set out in the last document filed by him or her; (“bureau de l’avocat”) “limited scope retainer” means the provision of legal services by a lawyer for part, but not all, of a client’s legal matter by agreement between the lawyer and the client; (“mandat à portée limitée”) “motion” means a motion in a proceeding or an intended proceeding; (“motion”) “moving party” means a person who makes a motion; (“auteur de la motion”) “order” includes a judgment; (“ordonnance”) “originating process” means a document whose issuing commences a proceeding under these rules, and includes, (a) a statement of claim, (b) a notice of action, (c) a notice of application, (d) an application for a certificate of appointment of an estate trustee, (e) a counterclaim against a person who is not already a party to the main action, and (f) a third or subsequent party claim, but does not include a counterclaim that is only against persons who are parties to the main action, a crossclaim or a notice of motion; (“acte introductif d’instance”) “partial indemnity costs” mean costs awarded in accordance with Part I of Tariff A, and “on a partial indemnity basis” has a corresponding meaning; (“dépens d’indemnisation partielle”) “person” includes a party to a proceeding; (“personne”) “plaintiff” means a person who commences an action; (“demandeur”) “proceeding” means an action or application; (“instance”) “referee” means the person to whom a reference in a proceeding is directed; (“arbitre”) “registrar” means the Registrar of the Divisional Court or Court of Appeal, or a local registrar of the Superior Court of Justice, as the circumstances require; (“greffier”) “respondent” means a person against whom an application is made or an appeal is brought, as the circumstances require; (“intimé”) “responding party” means a person against whom a motion is made; (“partie intimée”) “statute” includes a statute passed by the Parliament of Canada; (“loi”) “substantial indemnity costs” mean costs awarded in an amount that is 1.5 times what would otherwise be awarded in accordance with Part I of Tariff A, and “on a substantial indemnity basis” has a corresponding meaning; (“dépens d’indemnisation substantielle”) “timetable” means a schedule for the completion of one or more steps required to advance the proceeding (including delivery of affidavits of documents, examinations under oath, where available, or motions), established by order of the court or by written agreement of the parties that is not contrary to an order. These rules shall be liberally construed to secure the just, most expeditious and least expensive determination of every civil proceeding on its merits. Telephone and Video Conferences Where Available 1.08 If facilities for a telephone or video conference are available at the court or are provided by a party, all or part of any of the following proceedings or steps in a proceeding may be heard or conducted by telephone or video conference as permitted by subrules (2) to (5): 1. At trial, the oral evidence of a witness and the argument.

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Court of Appeal A practice direction for proceedings in the Superior Court of Justice in a region shall be signed by the regional senior judge and countersigned by the Chief Justice of the Superior Court of Justice.

Request A party may, within two days after service of a notice of appointment respecting a reference to which this rule applies, make a request for video conference under subrule (2) by, (a) completing a request form provided by the Ministry of the Attorney General for the purpose and available from any court referred to in subrule (1); and (b) serving the request form and filing it with proof of service in the court in which the order for the reference was made.

Objection A party on whom a request for video conference is served may, within two days after being served with the request, object to the video conference by, (a) completing an objection form provided by the Ministry of the Attorney General for the purpose and available from any court referred to in subrule (1); and (b) serving the objection form and filing it with proof of service in the court in which the order for the reference was made.

Arrangements for Conference Where the court permits or directs a telephone or video conference, the court may direct a party to make the necessary arrangements and to give notice of those arrangements to the other parties and to the court.

Marie; (e) the City of Greater Sudbury; or (f) the City of Thunder Bay.