Legal Blog

Consent to Action Being Placed on Trial List – Rule 48

Smoljan (Bankruptcy Trustee of) v. Musiala 2019 Ont SCJ

Defendant brought a motion for security for costs. The plaintiff contended that the defendant had no right to do so without leave under Rule 48.04 because the defendant had consented to the plaintiff setting “the matter down for trial.” The judge held that leave was unnecessary because Rule 48.04 refers to a written consent under Rule 48.06(1). That Rule refers to the consent that would be given to reduce the 60-day time period before a matter is placed on a trial list after it has been set down for trial. The purpose of that consent is to abridge the time requirement and parties should not be permitted to undo that time savings by bringing further motions.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.