Civil Litigation: Ontario Procedure, Limitation Periods, and Cost Consequences
What the Exam Tests in Civil Litigation
The Civil Litigation domain tests procedural accuracy under the Rules of Civil Procedure (RCP), the Courts of Justice Act, and the Limitations Act, 2002. Expect questions that hinge on a single rule number or a precise timeline: when a statement of claim must be served, what a notice of intent to defend does, what happens if a defendant is noted in default, and how costs consequences follow offers to settle. Answers turn on mechanics, not broad principles.
Core Rules and Concepts
- Limitation periods. Under the Limitations Act, 2002, a basic two-year period runs from the date the claim is discovered; a 15-year ultimate limitation runs from the act or omission. Discoverability requires knowledge of the injury/loss, that it was caused by the defendant, and that a proceeding is an appropriate means of remedy.
- Commencement and service. A statement of claim is issued and must be served within six months of issuance (RCP r. 14.08). The defendant has 20 days to deliver a statement of defence after service within Ontario (longer if served outside Ontario or outside Canada).
- Notice of intent to defend buys the defendant an extra 10 days to file a defence and preserves the right to demand particulars.
- Default. If no defence is delivered, the plaintiff may note the defendant in default (r. 19.01). A noted defendant cannot file a defence without leave or consent, and default judgment may follow.
- Summary judgment. Under r. 20, the moving party must show there is no genuine issue requiring a trial; the court may use its fact-finding powers (weigh evidence, draw inferences) if it can do so justly.
- Mandatory mediation. Toronto, Ottawa, and Essex County require mandatory mediation under r. 24.1, generally within 180 days of the first defence.
- Costs. Costs follow the event but are discretionary. A r. 49 offer to settle that is not beaten can trigger substantial indemnity costs or an elevated scale from the date of the offer.
Worked Example
A plaintiff is injured in a slip-and-fall on 3 March 2022 but does not learn until 10 June 2023 that the property owner had actual notice of a leaking pipe. The basic two-year period runs from discovery, so the claim is presumptively timely until 10 June 2025, and the 15-year ultimate period runs from the 2022 fall. If the plaintiff issues a claim on 1 May 2025, service must occur by 1 November 2025 (six months from issuance). If the defendant is served on 5 May 2025 in Ontario, the defence is due 25 May 2025.
Traps That Cost Marks
- Confusing the six-month service window with the two-year limitation period.
- Assuming the ultimate limitation is 15 years from discovery rather than from the act or omission.
- Forgetting that a notice of intent to defend extends the defence deadline by 10 days.
- Treating costs as automatic rather than discretionary.
- Missing that a noted defendant needs leave or consent to defend.