Rule 11.2 – Request for Clerk’s Order on Consent

Consent Order

11.2.01 (1) The clerk shall, on the filing of a request for clerk’s order on consent (Form 11.2A), make an order granting the relief sought, including costs, if the following conditions are satisfied:

1. The relief sought is,

i. amending a claim or defence less than 30 days before the originally scheduled trial date,

ii. adding, deleting or substituting a party less than 30 days before the originally scheduled trial date,

iii. setting aside the noting in default or default judgment against a party and any specified step to enforce the judgment that has not yet been completed,

iv. restoring a matter that was dismissed under rule 11.1 to the list,

v. noting that payment has been made in full satisfaction of a judgment or terms of settlement, or

vi. dismissing an action.

2. The request is signed by all parties (including any party to be added, deleted or substituted) and states,

i. that each party has received a copy of the request, and

ii. that no party that would be affected by the order is under disability.

3., 4. Revoked:  O. Reg. 393/09, s. 11 (3).

 O. Reg. 78/06, s. 24; O. Reg. 393/09, s. 11 (1-3).

Service of order

(2) The clerk shall serve a copy of an order made under subrule (1) in accordance with subrule 8.01 (14) on a party that requests it and provides a stamped, self-addressed envelope.  O. Reg. 78/06, s. 24.

Same, Refusal to Make Order

(3) Where the clerk refuses to make an order, the clerk shall serve a copy of the request for clerk’s order on consent (Form 11.2A), with reasons for the refusal, on all the parties.  O. Reg. 78/06, s. 24; O. Reg. 393/09, s. 11 (4).

Notice of Setting Aside of Enforcement Step

(4) Where an order is made setting aside a specified step to enforce a judgment under subparagraph 1 iii of subrule (1), a party shall file a copy of the order at each court location where the enforcement step has been requested.  O. Reg. 78/06, s. 24.