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Hi Everyone, it's Kristy from Clearly Legal. Let's chat today about some basics about Appeals to Divisional Court. What Is a Divisional Court Appeal? An appeal to the Divisional Court is a review of decisions made by lower courts or tribunals. The court does not retry the case or hear new evidence except in rare exceptions. Instead, a panel of three judges examines the record from the original hearing to determine if there were errors in law or procedure that affected the out

Hi Everyone, it's Kristy from Clearly Legal. While the new streams may change how Simplified Rules operates, right now, we still have Rule 76 and Schedule D. Let's briefly refresh on what the Affidavit of Documents is Simplified Rules currently manages litigation claims for money or property less than $200,000.00 (let's remember the $50,000.00 Small Claims cap). Simplified Rules tries to keep to specific duedates to help the process moving smoothly. One key document in this p

Hi Everyone, it's Kristy from Clearly Legal. Let's talk today about the Leave to Appeal. When you want to challenge a decision made by a lower court, you often need permission first. This permission is called leave to appeal. Understanding how to properly seek leave to appeal in the Court of Appeal can ensure you are in compliance and your materials are being accepted, and are on time. Though the rule review may be changing some of duedates, the key steps still seem to be pla

Hi Everyone, it's Kristy from Clearly Legal. Let's talk today about Condo Docs. When you move your residence or business (or both) into a condominium, you enter a community governed by a set of important documents. These condominium documents, often (always) called condo docs, define how your building operates, how decisions are made, and what rules everyone must follow. What Are Condominium Documents? Condominium documents are the legal papers that establish and regulate a c

Hi Everyone, it's Kristy from Clearly Legal. Let's talk today about the Affidavit of Documents. The Affidavit of Documents (AOD) is, in Ontario at least, a required part of the litigation process; it is the part of litigation where your litigation evidence is provided in a sworn manner. What is an Affidavit of Documents? An Affidavit of Documents is a sworn statement listing all documents relevant to a legal dispute. The purpose of the AOD is to make sure both sides know what

Hi Everyone, it's Kristy from Clearly Legal. Let's talk today about Endorsements and Orders, and how 1 creates the other. Understanding the difference between endorsements and orders is essential for anyone involved in legal proceedings; because 1 is issued and entered (and enforceable). What are Endorsements? Endorsements are the reasons or explanations behind a court’s decision. They are usually written or typed (remote hearings) on the back page of a motion, application, o

Hi Everyone, it's Kristy from Clearly Legal. Let's talk today about Alternative to Personal Service. In litigation, or Ontario litigation, the Rules of Civil Procedure require Personal Service. But what happens when that is not possible. You look for Alternatives. What is Alternative to Personal Service? Alternative to personal service means using other approved ways to deliver legal documents when direct handover is not possible. Courts recognize that sometimes you cannot ph

HI Everyone, it's Kristy from Clearly Legal. We all know a major overhaul in the rules is coming. For now, let's chat about about the 6 month rule for serving a Statement of Claim. If you miss this deadline or don’t serve the documents properly, your case could face delays or even dismissal. Understanding the 6 Month Rule The 6 month rule comes from Rule 14.08(1) of the court procedures. It says you have 6 months from the date the court issues your court file number to person

Hi Everyone, it's Kristy from Clearly Legal. Let's chat about Small Claims (Court). If you have a dispute involving money or property worth $50,000.00 or less, Small Claims Court offers a straightforward way to resolve it. Whether you are dealing with unpaid invoices, property damage, personal injury, or contract disputes, this court provides a faster, simpler path to justice. What Is Small Claims Court? Small Claims Court is the part of the Ontario civil court system designe

Hi Everyone, it's Kristy from Clearly Legal. Let's chat Simplified Rules (as it currently stands). While the Summary Track is incoming, and is purposed to handle files that are $50,000.00 to $500,000.00 (more to come when the Summary Track is fully here), for now, Simplified Rules (SR) under Rule 76 are Ontario’s Superior Court of Justice current stream for a slightly more straightforward path through litigation. These rules are designed to make legal proceedings faster, less

Hi Everyone, its Kristy from Clearly Legal. Let's talk today about Vexatious Litigants, and the considerations that go into having someone declared as a vexatious litigant. A vexatious litigant is a person who repeatedly brings legal actions, often about the same facts over and over, without reasonable grounds, often to harass others or delay proceedings. This behavior can clog the courts and frustrate everyone involved. What Defines a Vexatious Litigant? The law, specificall

Hi Everyone, it's Kristy from Clearly Legal. Let's chat about Rule 1 of the Small Claims Court. Last summer, Rule 1 of the Rules of Small Claims Court underwent significant changes that created elaboration on how cases are heard in Small Claims. What Changed in Rule 1 of the Small Claims Court? The first rule in the Rules of Small Claims Court was revised in 2025 to better define its purpose and the duties of the court. Here are the key updates: Rule 1.03 (1) was General Prin

Hi Everyone, it's Kristy from Clearly Legal. Let's talk today about the Certificate of Action. In Ontario, a construction lien is a legal claim for payment for goods or services that have been supplied to improve a property. The Construction Lien is your protection of your right to be paid. The Certificate of Action is key. What Is a Certificate of Action? The Certificate of Action is a formal document used in Construction Lien Actions. It confirms that a lien claimant has st

Hi Everyone, its Kristy from Clearly Legal. I wanted to chat with you a bit about the skills I have learned as Clearly Legal. Adobe, Caselines, Portals. They have all really come a thing, a required thing, since 2020. I have taught myself 99% of everything I know about PDF-ing, hyperlinking and uploading. Mastering Document Management with Bookmarks Bates Stamps and Hyperlinking. Adobe, Caselines, Portals. They have all really come a thing, a required thing, since 2020. I hav

Hi Everyone, it's Kristy from Clearly Legal. I wanted to talk with you today a bit about the purpose of the Rules of Civil Procedure. Litigation, going back to Egypt, Greece and Rome (yes, I went there) is run and managed by Rules. (sarcasm and all of the delays aside, litigation being run and managed by rules is what is actually supposed to happen, is what is intended). In Ontario, the Rules of Civil are designed to run and manage litigation. What Are the Rules of Civil Pro

Hi Everyone, it's Kristy from Clearly Legal. Let's chat about the Order to Continue. When a party involved in litigation dies or faces bankruptcy, or faces other reasons why that party's involvement must be transferred (death and bankruptcy are the most common, and the focus on this blog) the legal process does not simply stop. Instead, the court may issue an Order to Continue to transfer the party’s interest or liability to another person. What Is an Order to Continue? An Or

Hi Everyone, it's Kristy from Clearly Legal. Let's chat today about what setting down (setting down for trial) is. When you reach the point in a legal dispute where the matter is not settling and is ready to move forward, setting it down for trial is a key step. This process tells the court that you are prepared to proceed to a court hearing. Setting down for trial might sound complicated, but it’s really about organizing and submitting the right documents in the correct orde

Hi Everyone, it's Kristy from Clearly Legal. Let's chat today about the Small Claims Settlement Conference. The settlement conference is your first chance in court to resolve the dispute without going to a full hearing. Settlement conferences are designed to be informal and practical. They focus on finding common ground and narrowing down the issues. What Happens at a Settlement Conference The court schedules the settlement conference after the defendant files the defence. U

Hi Everyone, it's Kristy from Clearly Legal. Let's chat today about Noting in Default. When a defendant misses the deadline to respond to a Statement of Claim or Plaintiff Claim, the process of noting in default begins. This step has significant consequences for both the defendant and the plaintiff. If you are involved in litigation, knowing how noting in default works can save you time, money, and unnecessary complications. What Does Noting in Default Mean? Noting in defaul

Hi Everyone, it's Kristy from Clearly Lega. I wanted to chat with you today about mediation and arbitration. Legal disputes can disrupt time and be involved, and resolving them does not always require a lengthy traditional court battle. In Ontario, many people turn to alternative dispute resolution (ADR) methods like mediation and arbitration to settle conflicts more efficiently. What is Alternative Dispute Resolution? Alternative dispute resolution refers to ways of resolvin