Rule 7 – Commencement of Proceedings

Plaintiff’s Claim

7.01 (1) An action shall be commenced by filing a plaintiff’s claim (Form 7A) with the clerk, together with a copy of the claim for each defendant.  O. Reg. 258/98, r. 7.01 (1).

Contents of Claim, Attachments

(2) The following requirements apply to the claim:

1. It shall contain the following information, in concise and non-technical language:

i. The full names of the parties to the proceeding and, if relevant, the capacity in which they sue or are sued.

ii. The nature of the claim, with reasonable certainty and detail, including the date, place and nature of the occurrences on which the claim is based.

iii. The amount of the claim and the relief requested.

iv. The name, address, telephone number, fax number if any, and Law Society of Upper Canada registration number if any, of the representative representing the plaintiff or, if the plaintiff is self-represented, the plaintiff’s address, telephone number and fax number if any.

v. The address where the plaintiff believes the defendant may be served.

2. If the plaintiff’s claim is based in whole or in part on a document, a copy of the document shall be attached to each copy of the claim, unless it is unavailable, in which case the claim shall state the reason why the document is not attached. O. Reg. 461/01, s. 5; O. Reg. 78/06, s. 9 (1); O. Reg. 56/08, s. 1; O. Reg. 230/13, s. 6.

(3) Revoked:  O. Reg. 78/06, s. 9 (2).

Electronic Filing of Claim

7.02 (1) A plaintiff’s claim may be filed with the clerk electronically in accordance with this rule, if the following conditions are satisfied:

1. Revoked: O. Reg. 38/16, s. 2 (1).

2. Any interest payable in relation to the claim is no greater than 35 per cent per year.

3. The defendant is not a person under disability.

4. The claim is one that may, under subrule 6.01 (1), be filed in a court location for which the software authorized by the Ministry of the Attorney General for the purpose may be used, as indicated by the Ministry. O. Reg. 44/14, s. 3; O. Reg. 38/16, s. 2 (1).

(2) The plaintiff’s claim shall specify at which court location referred to in paragraph 4 of subrule (1) the action is being commenced, and that court location is deemed to be the place at which the action is commenced. O. Reg. 44/14, s. 3.

(3) An email address at which the plaintiff agrees to accept service or receipt of documents from the court must be specified when filing the plaintiff’s claim. O. Reg. 44/14, s. 3; O. Reg. 38/16, s. 2 (2).

(4) If a plaintiff’s claim is filed electronically, the requirement in subrule 7.01 (1) to also file a copy of the claim for each defendant does not apply. O. Reg. 44/14, s. 3.

Requirement to File in Paper Format

(5) A plaintiff’s claim that has been filed and issued electronically shall be filed with the clerk by the plaintiff in paper format, with proof of service, in the following circumstances and in accordance with the following rules:

1. If a defence is filed disputing all or part of the claim, the documents shall be filed at least 14 days before the date of the settlement conference, for the purposes of subrule 13.03 (2).

2. If the plaintiff files a request to clerk under subrule 9.03 (3) for a terms of payment hearing, the documents shall be filed together with the request.

3. If a motion is filed in the proceeding, the documents shall be filed in accordance with the following:

i. In the case of a motion in writing for an assessment of damages filed in paper format under clause 11.03 (2) (a), the documents shall be filed together with the motion.

ii. In the case of a motion in writing for an assessment of damages filed electronically under clause 11.03 (2.1) (a), the documents shall be filed within 14 days after the day the motion is filed.

iii. In any other case, the documents shall be filed at least three days before the hearing date.

4. If the plaintiff files a request to clerk under clause 11.03 (2) (b) or (2.1) (b) for an assessment hearing, the documents shall be filed at least three days before the hearing date.

5. If a garnishment hearing is requested under subrule 20.08 (15), the documents shall be filed,

i. at the time the hearing is requested, if the plaintiff is making the request, or

ii. in any other case, at least three days before the hearing date.

6. If the plaintiff requests an examination under subrule 20.10 (1), the documents shall be filed when making the request. O. Reg. 44/14, s. 3; O. Reg. 38/16, s. 2 (3, 4).

Issuing Claim

7.03 (1) On receiving the plaintiff’s claim, the clerk shall immediately issue it by dating, signing and sealing it and assigning it a court file number.  O. Reg. 258/98, r. 7.03 (1).

(2) The original of the claim shall remain in the court file and the copies shall be given to the plaintiff for service on the defendant.  O. Reg. 258/98, r. 7.03 (2).

Electronic Issuance of Claim

7.04 (1) A plaintiff’s claim that is filed electronically under rule 7.02 shall be issued electronically. O. Reg. 44/14, s. 3.

(2) If a plaintiff’s claim is issued electronically, subrule 7.03 (2) does not apply. Instead, the claim shall be retained electronically, and a copy shall be placed into the court file by the clerk only if a request is made by a person in accordance with section 137 of theCourts of Justice Act to see the claim. O. Reg. 44/14, s. 3.