Get Form 4a General Heading Of Documents Actions. Rcp-e 4a (november 1

NOTICE OF ACTION. TO THE DEFENDANT. A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the plaintiff. The claim made against you is set out in the statement of claim served with this notice of action.

File proof of service swear or affirm that the information in Form 6B is true and sign the form in front of a commissioner for taking affidavits. file Form 6B with the court, along with original copies of the documents that you served, before the applicable deadline.

If you need more time to prepare your defence, you can first complete a Notice of Intent to Defend (Form 18B). If you serve and file the Notice of Intent to Defend by the deadline for serving the Statement of Defence, you will get 10 extra days to serve and file your Statement of Defence.

A notice of application requires “issuance” under the seal of the court: Rule 14.01(1), Rule 14.07, Rule 14.07(1) (2021 CanLIIDocs 2000) and Rule 38.05 (2021 CanLIIDocs 2030). “Issuance” is the formal process where the court confirms it has received the notice of application and has opened a court file.

Generally, a court proceeding is categorized as either an action or an application. Both actions and applications end with a judge making a decision (judgment); however, an action concludes with a trial and live witnesses and an application is conducted by way of a 'paper trial' (i.e. no live witnesses).

In Ontario, civil causes of action, or legal claims between parties, must generally be based upon a 'recognized cause of action,' (i.e. generally an established legal theory upon which the court has authority to grant relief), with breach of contract and negligence perhaps being the two most common.

An originating process is issued by the registrar's act of dating, signing and sealing it with the seal of the court and assigning to it a court file number (Rule 14.07(1)). You must file a copy of the originating process with the court when it is issued (Rule 14.07(2)).