1

Provision Section(s) Limitation Period(s) Summary Notes ne for Delivery of Statement of Defence Notice of Intent to Defend Case Management 18.01 77.04(1) () within rwenty days after service of the statement of claim, where the defendant is served in Ontario: {b) within forty days after service of the statement of claim, where the defendant is served elsewhere in Canada or in the United States of America; or (c) within sixty days after service of the statement of claim, where the defendant is served anywhere clse (1) A defendant who is served with a statement of claim and intends to defend the action may deliver a notice of intent to defend (Form 18B) within the time prescribed for delivery of a statement of defence. (2) A defendant who delivers a notice of intent to defend within the prescribed time is entitled to ten days, in addition to the time prescribed by rule 18.01, within which to deliver a starement of defence (3) Subrules (1) and (2) apply, with necessary modifications, to, () a defendant to 2 counterclaim who is not already a party to the main action and who has been served with a statement of defence and counterclaim; and (b) a third party who has been served with a third-party claim. Scope 2 (1) This Rule applies to actions and applications commenced in or transferred to one of the following counties on or after January 1. 2010, and assigned to case management by an order under these rules: . The City of Ortawa. - The City of Toronto. - The Counry of Essex. Exceprions 2) Despite subrule (1), this Rule does notapply to, (a) actions or applications placed on the Commercial List established by pracrice direction in the Toronto Region; (b) actions or applications under Rules 74 and 75 ( Estates): Note: On April 1, 2021, the day subsection 1 (3) of Schedule 8 to the Smarter and Stronger Justice Act, 2020 comes into force, clause 77.02 (2) (b) is amended by striking out "Rules 74 and 75" and substituting "Rule 74, 74.1, or 757, (Sce: O. Reg. 111/21, 5. 12) (c) applications for the removal or replacement of personal representartives under the 7 A (d) applications under Part V of the Suaewion Law Reform Act; (¢) applications for guardianship of property or persons under the Si ons A, 1992 ctions under Rule 64 (Mortgage Actions): (g) actions under Rule 76 (Simplified Procedure); (h) actions or applications under the Construction Act, except trust claims; and (i) actions or applications under the Bankrupecy and Insolvency Act (Canada). 77.04 (1) A judge or case management master may, (a) extend or abridge a time prescribed by an order or the rules: {a) 20 days when defendant is served in ON (b) 40 days when defendant is served in elsewhere in CND or US (c) 60 days when defendant is served ourtside of CND and US A defendant who intends to defend may serve 2 Form 18B within the times prescribed in 18.01 plus 10 days There is no limitation period or deadline for case management to be initiated. Once initdared, the case manager has the power to institure deadlines as they see fi under 77.04 (1). t per their powers The "scope™ and "exceptions" sections are there to remind you that case management rules only apply to cases in Toronto, Orrawa, or Essex, with many exceprions.