Pre-trial

• Author: Tina Kamakaris/Jane Kamakaris/Louis Kamakaris
• Pages: 203-222

203

Chapter 14 Pre-Trial

CHAPTER 14

is chapter details the pre-trial stage which is the last stage at which the parties may

explore the prospects of settlement.

THE PRE-TRIAL STAGE

Mandatory Mediation (only in Ottawa, Toronto, Windsor)

• before setting down for trial

Setting Down for Trial, Π or Δ

• after close of pleadings

Placing action on Trial List, by Registrar

• 60 days after action is set down for trial, or earlier on consent

Scheduling Pre-trial Conference, Π or Δ; if not, Registrar

• within 180 days of setting action down for trial

• pre-trial conference brief delivered 5 days before pre-trial conference

Pre-Trial Conference, Π and Δ

Π (Greek pi) = Plaintiff. Δ (Greek delta) = Defendant

PRE-TRIAL

In the pre-trial stage, the action is set down for trial, and a pre-trial conference is held where the

parties may try to settle the action. e threat or reality of the impending trial makes this an

appropriate time to bring the parties to serious settlement negotiations.

ROMANO v. EASTERN CAST IRON CORPORATION

Re: Wrongful Dismissal

We continue with Mr. Romano’s action. We have set the action down for trial and served

and led the trial record, Precedent 14.1. We have also prepared the summons to witness,

Precedent 14.5, summoning Mr. Irving Wallace to testify on behalf of Mr. Romano. Mr.

Wallace is the new oce manager Eastern hired at a salary of $10,000 per year more than

Eastern had oered Mr. Romano for the position of oce manager. Next, the judge and

jury will speak.

PRE-TRIAL

Copyright © 2022 Emond Montgomery Publications. All Rights Reserved.

204 Legal Office Procedures

MANDATORY MEDIATION

Rule 24.1 applies to mandatory mediation. Mandatory mediation applies only to actions which

are commenced in Ottawa, Toronto, or Windsor. A mediation session must be held within

180 days after the rst defence or notice of intent to defend has been led, unless the court

orders otherwise. In eect, a mediation session should be held at the latest by the date of setting

the action down for trial, or at least a notice of name of mediator and date of session (Form

24.1A), Precedent 14.3, must be led with the mediation co-ordinator by one of the parties by

the time of setting the action down for trial. Seven days before the mediation session, the parties

must provide the mediator with a statement of issues (Form 24.1C) (see Chapter 9). e medi-

ator must provide a mediator’s report within ten days of completion of the mediation session.

Mandatory mediations may be held in person, by telephone conference, or by video conference.

SETTING ACTION DOWN FOR TRIAL

At any time after the close of pleadings, any party who is ready may set the action down for trial.

Usually, however, it is the plainti’s lawyer who sets it down. Setting down involves the serving

on every other party and ling with proof of service of a trial record.

Trial record e trial record is for the judge to use at trial and contains the documents which

the rules require to be included. Subrule 48.03(1) of the Rules of Civil Procedure requires that the

trial record, Precedent 14.1, contain the following, as applicable:

1. Table of contents, describing each document by name and date.

2. Copy of any jury notice.

3. Copy of the statement of claim.

4. Copy of the pleadings, including those relating to any counterclaim or crossclaim.

5. Copy of any demand or order for particulars of a pleading and the particulars delivered in

response.

6. Copy of any notice of amounts and particulars of special damages delivered.

7. Copy of any order respecting the trial.

8. Certicate of lawyer.

In addition (where mediation is mandatory):

9. Copy of certicate of lawyer regarding mediation, Precedent 14.2. is certicate is led

with the trial record under practice direction for the Toronto Region. It is basically for the

purpose of indicating to the court that mediation has been dealt with. Follow the practice

in your region.

10. Copy of notice of name of mediator and date of session, Form 24.1A, Precedent 14.3,

with proof of service. Although the rules do not require it, it is common practice for

lawyers in the Toronto Region to le a copy of this form with the trial record as proof that

a mediation session has been scheduled.

PREPARATION AND DISTRIBUTION OF THE TRIAL RECORD

You require: Copies of the applicable documents listed above, in order listed. ere is no

prescribed form for a trial record. Legal software generates a trial record, Precedent 14.1. Key

points include:

Copyright © 2022 Emond Montgomery Publications. All Rights Reserved.