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Simplified Rules, a refresh (before it is replaced by the Summary Track)

  • Writer: Kristy Mclaren
    Kristy Mclaren
  • 2 days ago
  • 2 min read

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 costly, and easier to manage for claims within this financial limit.


What Are the Simplified Rules?


The Simplified Rules, often called SR, are a set of procedures under Rule 76 of the Ontario Superior Court of Justice. They apply to exclusively to civil claims for money, real or personal property where the amount in dispute does not exceed $200,000.00. The goal has been to provide a Simplified Procedure that reduces the complexity and length of court cases.


These rules are not for every case. They exclude:


  • Class actions

  • Applications (as opposed to lawsuits)

  • Claims under the Construction Act


Key Features of the Simplified Rules


The Simplified Rules change how you prepare and present your case. Here are some important features:


  • Limited discoveries: Under Rule 76.04, the discovery process, where parties exchange information and question each other, is capped at a maximum of 3 hours per party. This limits lengthy and expensive examinations.

  • Different Requirements on Affidavits of Documents: Witnesses are listed in Schedule D to provide faster information about who may have relevant information for trial, only names disclosed on this list are permitted to called as witnesses. If names are not on this list, you will require a court order.

  • Faster timelines: The court sets tighter deadlines for each step, encouraging quicker resolution.

  • Less formal procedures: The court encourages flexibility, which can reduce stress and confusion for those unfamiliar with legal processes.

  • No jury: If the file does goes to trial, it is considered faster as 76.02(1) is not allow for a jury


Yes, I have experience. Yes, I am starting to learn about what the Summary Track will look like. Yes, you should hire me as your clerk for these matters. Contact me at kristy@clearlylegal.ca  and we'll chat.


 
 
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