Superior Court Motions & Applications

Small Claims Court handles money or property claims up to $50,000. Anything above that belongs in Superior Court — unpaid invoices, loans, guarantees, breach of contract, and other debt claims.

Claims only for money, real property or personal property totalling $200,000 or less (excluding interest and costs) must use the simplified procedure; a plaintiff can also choose it for other claims. Oral examination is capped at three hours per party against all others combined, and trial is capped at five days.

Larger claims run under the ordinary procedure, with full documentary and oral discovery, no cap on trial length, and a jury available in the usual way.

A simplified procedure action is not tried with a jury. In claims for slander, libel, malicious arrest, malicious prosecution or false imprisonment, a party may deliver a jury notice, but the action then continues as an ordinary action.

Motor vehicle claims, occupiers’ liability and slip-and-fall, and professional negligence claims against lawyers, accountants and other professionals.

Wrongful and constructive dismissal and related claims. Note that since the Small Claims limit rose to $50,000, more dismissal claims now fit in Small Claims instead.

Title and boundary disputes, easements and rights of way, mortgage enforcement and possession, and claims over agreements of purchase and sale.

Shareholder and oppression claims, partnership disputes, commercial contract claims, and bankruptcy and insolvency proceedings.

Will challenges, passing of accounts, dependant support claims, and disputes between trustees and beneficiaries.

Where there is no substantial dispute of fact — interpreting a will, deed or contract, or seeking a declaration — the matter starts by Notice of Application rather than a Statement of Claim, and is decided on affidavits.

Interlocutory injunctions, preservation orders and other urgent relief, brought on motion with an affidavit record.

After judgment: writs of seizure and sale, garnishment, and examinations in aid of execution.

The basic limitation period is two years from the day the claim was discovered — when you knew, or a reasonable person should have known, that the loss happened, what caused it, who caused it, and that a court proceeding was the way to address it.

Regardless of discovery, no claim may be brought after the 15th anniversary of the act or omission complained of, subject to limited exceptions.

A Statement of Claim must be served within six months after it is issued. If the defendant cannot be found in time, you can ask the court to extend that period.

A Statement of Defence is due 20 days after service if the defendant was served in Ontario, 40 days if served elsewhere in Canada or the United States, and 60 days if served anywhere else. Filing a Notice of Intent to Defend within that window adds 10 days.

The court’s opinion, advice or direction on the administration of an estate or the execution of a trust; an order directing executors, administrators or trustees to do, or not do, a particular act; or removing or replacing them, or fixing their compensation.

Deciding rights that depend on the interpretation of a deed, will, contract or other instrument, or of a statute, order in council, regulation or municipal by-law or resolution.

Declaring an interest in or charge on land — including its nature and extent, or the boundaries of the land — or settling the priority of interests or charges.

Approving an arrangement or compromise, or a purchase, sale, mortgage, lease or variation of trust.

An injunction, mandatory order, declaration or the appointment of a receiver when it is ancillary to relief properly claimed by application, and remedies under the Canadian Charter of Rights and Freedoms.

Any case where a statute authorizes an application, and any matter where it is unlikely there will be material facts in dispute requiring a trial.

The judge may order that the whole application, or an issue in it, proceed to trial. Where the whole application is sent to trial, the proceeding is then treated as an action.

A person affected by a judgment on an application made without notice, or who missed the hearing through accident, mistake or insufficient notice, may move to set it aside by a notice of motion served as soon as the judgment comes to their attention.

A plaintiff can move after the defendant delivers a defence or serves a notice of motion; a defendant, after delivering its defence. The court grants judgment if there is no genuine issue requiring a trial, and a judge may weigh evidence, evaluate credibility, draw inferences and order oral evidence. A responding party must set out specific facts in evidence, not rely on its pleadings alone.

A defendant noted in default is deemed to admit the claim’s factual allegations and, without leave or the plaintiff’s consent, can take no step except a motion to set aside the noting or a default judgment. The court may set aside a noting in default, or a default judgment signed by the registrar, on just terms; a judgment obtained on a motion for judgment on the statement of claim, or after trial, can be set aside by a judge.

The court may extend or shorten any time prescribed by the Rules or an order, on just terms, before or after it expires. For an appeal, only a judge of the appellate court can do so.

Without leave before pleadings close (if no party is added, deleted or substituted), on filing the consent of all parties, or with leave. On a motion, the court must grant leave on just terms unless prejudice would result that could not be compensated for by costs or an adjournment.

A defendant or respondent can ask for security on listed grounds — for example, the plaintiff is ordinarily resident outside Ontario, owes the defendant costs under an earlier order, or is a corporation and there is good reason to believe it has insufficient assets in Ontario to pay the defendant’s costs.

A judge can decide a question of law raised by a pleading, or strike a pleading that discloses no reasonable cause of action or defence — no evidence is allowed on that motion. A defendant can also move to stay or dismiss an action for lack of jurisdiction, another pending proceeding, or as frivolous, vexatious or an abuse of process.

Obtained on motion to a judge. If granted without notice, it lasts no more than 10 days unless extended. Unless the court orders otherwise, the moving party undertakes to abide by any order for damages if the injunction turns out to have caused harm it ought to compensate.

An associate judge’s interlocutory order is appealed to a Superior Court judge by a notice of appeal (Form 62A) served within seven days. A judge’s interlocutory order goes to the Divisional Court only with leave. Final orders go to the Court of Appeal — or to the Divisional Court for an associate judge’s final orders and certain final orders of $50,000 or less, exclusive of costs.