Does your Ontario lawsuit qualify for Simplified Procedure (Rule 76)?

It does if your claim is only for money, real property or personal property, and the total is $200,000 or less, not counting interest and costs (Rules of Civil Procedure, r. 76.02(1)). Then Simplified Procedure is mandatory in the Superior Court of Justice: there is no jury except in a few kinds of case, oral discovery is capped at three hours per party, and the trial is limited to five days.

Simplified Procedure sits between Small Claims Court, which hears claims up to $50,000, and the ordinary procedure of the Superior Court. The Ministry of the Attorney General describes it as a streamlined and less costly process. This page explains who is in it, how it runs, and the cost rules that push cases into it. For the wider process of a lawsuit, see our civil litigation guide.

Who must use Simplified Procedure?

Property is valued at its fair market value on the date the action is started (r. 76.02(1)). A claim of up to $50,000 belongs in Small Claims Court; since July 1, 2024, starting it in the Superior Court needs that court's leave (Courts of Justice Act s. 23(1.1)). Our page on the $50,000 Small Claims limit explains that boundary.

Is there a jury?

Generally no. An action under Rule 76 cannot be tried with a jury, and no party may deliver a jury notice (r. 76.02.1(1)). The exceptions are claims arising from slander, libel, malicious arrest, malicious prosecution or false imprisonment (r. 76.02.1(2)). If a party delivers a jury notice in one of those cases, the action leaves Simplified Procedure and continues as an ordinary action (r. 76.02.1(3)).

How does a Simplified Procedure case run, step by step?

1. The claim. The statement of claim (or notice of action) must say that the action is brought under Rule 76 (r. 76.02(4)). The Ministry's guide gives the exact wording to put before the heading "CLAIM". In Toronto, Superior Court civil cases are based at 393 University Avenue, and since October 14, 2025 Toronto civil filings go through the Ontario Courts Public Portal, according to the Superior Court's Toronto practice direction.
2. The defence. The deadlines are the ordinary ones: 20, 40 or 60 days depending on where the defendant was served, with 10 more days after a Notice of Intent to Defend (r. 18.01, 18.02). See how many days you have to respond.
3. Documents, early. Within 10 days after the close of pleadings, each party serves an affidavit of documents with copies of the listed documents and a list of people who may know about the issues (r. 76.03(1), (2)). A witness not disclosed cannot be called at trial without the court's permission (r. 76.03(3)).
4. Limited discovery. No written discovery and no cross-examination on affidavits for motions; oral discovery is limited to three hours in total for each party, however many people are examined (r. 76.04).
5. Mediation in Toronto. The Ministry says parties in a Simplified Procedure case in Toronto, Ottawa or Windsor must attend mandatory mediation under Rule 24.1, which must generally take place within 180 days after the first defence.
6. A settlement discussion. Within 60 days after the first defence or notice of intent to defend, the parties must meet or speak by phone to consider whether all relevant documents have been disclosed and whether any issue can be settled (r. 76.08).
7. Setting the action down. Within 180 days after the first defence, the plaintiff serves and files a notice of readiness for pre-trial conference (Form 76C), certifying that a settlement discussion took place; if the plaintiff does not, another party may (r. 76.09).
8. The pre-trial. At least 30 days before it, the parties agree a proposed trial management plan listing every witness and dividing trial time, with a total of no more than five days (r. 76.10(2)). Five days before, each party files the plan, its documents and any expert affidavits, and delivers a statement of no more than three pages on the issues and a trial management checklist (r. 76.10(4)).
9. The trial. Evidence in chief is given by affidavit, followed by cross-examination and re-examination, under the approved plan (r. 76.12(1)).

How do costs work under Rule 76?

Rule 76 limits the costs and disbursements a party can recover in an action under the Rule, for actions started on or after January 1, 2020 (r. 76.12.1). The amounts are set in the rule itself. Rule 76.13 then adds costs consequences that push suitable cases into the procedure. A plaintiff who proceeds under the ordinary procedure but is awarded only money or property worth $200,000 or less may recover no costs at all, unless the action was under Rule 76 when trial started or the court finds it was reasonable to proceed the ordinary way (r. 76.13(2), (3)). That plaintiff may even be ordered to pay all or part of the defendant's costs (r. 76.13(6)). The Ministry also warns of cost penalties for starting in the Superior Court a case that could have gone to Small Claims Court.

What changes the answer?

• What you are claiming. A claim for an injunction or a declaration is not "exclusively" money or property, so the mandatory rule does not apply (r. 76.02(1)).
• A defendant's objection. If the plaintiff chooses Rule 76 for a claim that does not meet the test, a defendant can object in the defence; the action moves to the ordinary procedure unless the plaintiff abandons the parts that do not comply (r. 76.02(5)(a)).
• Abandoned amounts. A party who abandons part of a claim to fit the rule cannot bring that part in another proceeding (r. 76.02(9)).
• Counterclaims. A counterclaim that does not fit the rule, and is said to proceed under the ordinary procedure, takes the action out of Rule 76 (r. 76.02(5)(c)).
• Case management. An action assigned for case management under rule 77.05 leaves Rule 76 (r. 76.01(1)(c)).
• Language. Because evidence in chief is by affidavit, every affidavit and document in another language needs a certified English translation (Courts of Justice Act s. 125(2)(b)). Ontario provides civil court interpretation in French in all matters, and in any language for parties who qualify for a fee waiver or when the court orders it.

For example: a $140,000 renovation dispute

This is a hypothetical, not a real client or a result. A homeowner in North York pays a contractor $140,000 for a renovation that is never finished. The contract and most of their messages are in Farsi. The amount is above the Small Claims limit, so the homeowner sues in the Superior Court and states on the claim that it is brought under Rule 76.

The contractor defends within 20 days. Within 10 days after pleadings close, both sides serve affidavits of documents, with certified English translations of the Farsi documents. Each side examines the other for no more than three hours. Because the case is in Toronto, it goes to mandatory mediation. When mediation does not settle it, the homeowner sets the action down within 180 days of the defence, the parties agree a trial plan of four days, and evidence in chief goes in by affidavit. If the contractor had a counterclaim worth more than $200,000 and elected the ordinary procedure, the case would leave Rule 76.

What mistakes do people make?

1. Leaving out the Rule 76 statement on the claim (r. 76.02(4)).
2. Serving the affidavit of documents late. It is due 10 days after the close of pleadings (r. 76.03(1)).
3. Forgetting a witness. Undisclosed witnesses cannot be called without permission (r. 76.03(3)).
4. Planning a long discovery. Three hours per party is the cap (r. 76.04(2)).
5. Missing the 180-day set-down date (r. 76.09(1)).
6. Suing under the ordinary procedure for a claim that fits Rule 76, and risking the costs consequences in rule 76.13.

What can you do this week?

1. Total the money and the fair market value of any property claimed, without interest and costs.
2. Check whether you are asking for anything other than money or property.
3. Check the two-year limitation period with the Limitations Act, 2002 in mind; the Ministry notes most claims have a time limit.
4. Gather every relevant document now; Rule 76 front-loads disclosure.
5. Arrange certified English translations of documents in Farsi or other languages.
6. List the witnesses you would need and what each one knows.
7. If you have been sued, diarize your defence deadline today.

Frequently asked questions

Can I choose Simplified Procedure for a claim over $200,000?

Yes, at the plaintiff's option (r. 76.02(3)), but a defendant can object if the claim does not meet the test, and the action then continues under the ordinary procedure unless the plaintiff abandons the excess (r. 76.02(5)).

Can a case move into Simplified Procedure later?

Yes. It continues under Rule 76 if all parties consent, or if the plaintiff amends to meet the test and the other claims comply (r. 76.02(7)). If that happens by amendment, the amending party generally pays the other side's extra costs up to that point (r. 76.13(1)).

Are motions different under Rule 76?

Yes. The moving party uses a motion form (Form 76B), and the registrar must grant certain motions, such as amending a pleading or setting aside a default judgment, when everyone consents or no one opposes (r. 76.05). Our page on setting aside a default judgment explains that remedy.

How long is the trial?

No more than five days in total, divided between the parties in the trial management plan approved at the pre-trial (r. 76.10(2), (5)).

Is Simplified Procedure cheaper than Small Claims Court?

Not for smaller claims. For claims up to $50,000, the Ministry says Small Claims Court may be the better option because fees are lower and the process is typically shorter. Our Small Claims Court guide and our page on the Toronto Small Claims Court explain that route.

What kinds of disputes usually fit?

Any claim exclusively for money or property within the limit: unpaid invoices, loans, contract and renovation disputes, property damage. Our pages on contract disputes and debt recovery cover the claims behind many of these cases.

Getting help

Simplified Procedure rewards early preparation: documents, witnesses and a realistic trial plan. Gambriani Law PC handles civil disputes in Ontario courts, in English and Farsi, from Suite 1901, 5000 Yonge Street in North York.

This page is general information about Ontario law, not legal advice about your situation.