How to Prepare a Trial Record in Ontario

A practical guide for lawyers, paralegals, and law clerks

In an Ontario action, the trial record is the document that sets the action down for trial. It is not the evidence — that comes at trial — but the pleadings and the procedural orders that define what the trial is about. Its contents are prescribed by Rule 48.03 of the Rules of Civil Procedure, and the court will not place the action on the trial list without it. Confirm the current rule and any regional practice direction before filing.

What goes in a trial record

The trial record is assembled in this order:

1. Table of contents describing each document by its nature and date;
2. A copy of any jury notice;
3. The pleadings: statement of claim, statement of defence, any counterclaim, crossclaim or third-party claim and the defences to them, and any reply;
4. Any demand or order for particulars and the particulars delivered in response;
5. Any notice or order about the place, mode or conduct of the trial, or a certificate of readiness where one applies;
6. Any order made in the action that affects the trial (for example, an order for severance or an order for the trial of an issue);
7. A certificate, signed by the lawyer setting the action down, stating that the record contains the required documents and that the time for delivering pleadings has expired.

Treat this list as a map and read the rule itself for the exact wording; the certificate in particular must track the rule.

Formatting the court expects

• Consecutive page numbering from the first page to the last, so a pleading can be cited by page as well as paragraph.
• Tabs for each document, matching the table of contents, with a divider page in an electronic record.
• The pleadings as issued and served, including the court's stamp, not the draft versions from your file.
• Cover page with the court, court file number, style of cause, the words "Trial Record" and counsel information.
• Hyperlinks from the table of contents to each document for electronic filing.

Timing and consequences

Setting an action down has consequences. Once the trial record is served and filed, the party who set it down generally cannot initiate or continue discovery or bring interlocutory motions without leave, and the Rule 48.14 timelines for dismissal for delay run from the action's start regardless. Before setting down, confirm that discovery is complete, that any undertakings are answered, and that expert reports will be exchanged on time.

A workflow that avoids returns

1. Pull the issued and served versions of every pleading, in chronological order.
2. Collect every order made in the action and decide which affect the trial.
3. Assemble, paginate and hyperlink in one pass; add the certificate last, after checking each item against the rule.
4. Open the finished PDF and click every table of contents entry.

Checklist before filing

1. Every Rule 48.03 item is present, in order, and nothing else is.
2. Pleadings are the issued versions.
3. Page numbers and tabs match the table of contents.
4. The certificate is signed and tracks the rule's wording.
5. Discovery and undertakings are complete before the record is served.

Related guides

• How to Prepare a Motion Record in Ontario
• How to Create a Hyperlinked Table of Contents in a PDF Court Bundle
• Court Bundle Requirements: A Practical Checklist
• How to Prepare an Application Record in Ontario

This guide is general information for legal professionals, not legal advice. Court rules and practice directions change — always confirm the current requirements of the court you are filing in before you file.