Setting Down for Trial in Ontario, the basics

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 order. Let’s break down what this means and how you can handle it efficiently.

What Does Setting Down for Trial Mean?

Setting down for trial means filing a trial record with the court. The trial record is essentially an index of all the pleadings exchanged between the parties. Pleadings are the formal documents filed by each side that set out their claims, defences, and any counterclaims or crossclaims.

The purpose of the trial record is to show the court that the pleadings have closed and the case is ready to be scheduled for trial. It acts as a roadmap for the judge, outlining the issues that will be addressed.

Who Can Set Down a Matter for Trial?

Typically, the plaintiff—the party who started the lawsuit—sets the matter down after the close of pleadings. The close of pleadings happens when all parties have filed their statements of claim, defence, and any replies, and no further pleadings are expected.

However, in Ontario, any party involved in the action, counterclaim, or crossclaim can set down the matter for trial, as long as they have not been noted in default. This means defendants can also set down a matter if they want to move the case forward.

What Goes Into the Trial Record?

The trial record is more than just all of the pleadings. It must be compiled carefully and follow the order listed in Rule 48.03 of the Ontario Rules of Civil Procedure (please note that when this blog was published, the rule review was not completed or in use). This order ensures the court receives a clear and organized package.

The trial record typically includes:

• The originating documents (e.g., statement of claim)

• All pleadings exchanged (statement of defence, counterclaims, replies)

• Any orders or endorsements related to the pleadings

  
  

Creating this index and compiling the pleadings in the correct order is the essence of setting down for trial. It is a straightforward task but requires attention to detail.

Practical Tips for Setting Down for Trial

• Check the close of pleadings date carefully before preparing your trial record. Only set down after all pleadings are complete.

• Follow Rule 48.03 closely to ensure your trial record is in the correct order.

• Include all pleadings exchanged, even if some seem minor. Omitting documents can cause issues.

• Confirm the status of all parties - are they defended or noted in default?

Setting down for trial is a simple but essential step in Ontario litigation. It involves compiling an index of pleadings, calling it a Trial Record, and serving and filing it. Both plaintiffs and defendants can set down a matter, provided they are not in default. Lawyers - I've got this. Contact me at kristy@clearlylegal.ca and we'll chat