Judicial Management of All Civil Proceedings Not Governed by Rule 77 of the Rules of Civil Procedure

Practice Direction

Counsel and parties are reminded that all civil proceedings in Ontario, not subject to case management under Rule 77, may be judicially managed under the present provisions of the Rules of Civil Procedure.

Rule 37.15 provides that if a proceeding involves complicated issues or if two or more proceedings involve similar issues, parties and/or counsel who seek an order under the rule may make a request in writing to the Regional Senior Judge of their respective judicial region to have a judge appointed.

Pursuant to Rule 48.14, the court will supervise actions that are not set down for trial on a timely basis.

Status Notices (Form 48C) will be issued for actions that have not been placed on the trial list or terminated by any means within two years after the filing of a statement of defence, indicating that the proceeding will be dismissed for delay within 90 days, with costs, unless:

1. The action is set down for trial; or
2. The action has been terminated by any means; or
3. A status hearing judge orders otherwise.

Any party who receives the status notice may request a status hearing, at which the plaintiff must show cause why the action should not be dismissed for delay and the court will review the action and may consider the range of orders set out in Rule 48.14(8).

Osgoode Hall
August 26, 2005

Heather J Smith,
Chief Justice of the Superior Court of Justice of Ontario