Introduction and Legal Disclaimer

This flowchart summarizes and organizes key considerations for commencing a first-instance civil or administrative proceeding before an Ontario provincial court or provincial administrative board or tribunal. It is tailored to real estate, estates, and business disputes. It does not address appeals, judicial review, reconsideration of existing decisions, or proceedings before federal or municipal decision-makers.

The flowchart is intended to provide a systematic framework for assessing whether and how a first-instance proceeding may be commenced. The availability and appropriateness of any proceeding will depend on the governing law, the terms of any relevant instrument, the material facts, the evidence, the parties’ legal rights and obligations, and the procedural context of the case. It is not exhaustive and does not constitute legal advice.

Commencing a First Instance Civil or Administrative Proceeding

What led to the person to try to commence a proceeding? What fundamental legal right is the person trying to assert?

A dispute that has not yet been resolved by an Ontario court/board/tribunal. The person is trying to assert their fundamental legal right to have the dispute heard by an Ontario court/board/tribunal for the first time.

What is the substantial legal right that the person is trying to assert? What are the legal sources such as the statutes, regulations, procedural rules, common law, equity, and contracts (the “Legal Sources”) governing the substantial legal right that the person is trying to assert?

*Pro-tip: consult our taxonomies of substantive judicial and administrative reliefs located in the Zel Law library to identify the substantive legal right and legal sources at issue.

Real Estate-Related Examples

– The person is trying to assert residential landlord or tenant rights

↳ Residential Tenancies Act; Residential Tenancies Act regulations; Tenancy Agreement.

– The person is trying to assert residential buyer or seller’s rights

↳ Common law; equity; Conveyancing and Law of Property Act; Land Registration Reform Act; Land Titles Act; Agreement of Purchase and Sale.

– The person is trying to assert a co-owner’s right to partition and sell jointly owned land

↳ Common law; equity; Partition Act.

Business-Related Examples

– The person is trying to assert a party’s right to enforce a contract or recover damages from a breach of contract

↳ Commercial Contracts; common law; equity; Sale of Goods Act.

– The person is trying to assert a shareholder’s right to relief from oppressive or unfairly prejudicial conduct

↳ Ontario Business Corporations Act or Canada Business Corporations Act; common law; equity; Shareholder’s Agreement.

Estate-Related Examples

– The person is trying to assert a beneficiary or family member’s right to challenge a will

↳ Common law; equity; Succession Law Reform Act.

– The person is trying to assert a beneficiary or family member’s right to oppose the issuance of a Certificate of Appointment

↳ Estates Act; Rules of Civil Procedure.

– The person is trying to assert a beneficiary, interested person, or co-estate trustee’s right to remove or replace an Estate Trustee

↳ Trustee Act; Estates Act; common law.

Do any of the statutes or regulations listed as Legal Sources give an Ontario board/tribunal exclusive jurisdiction to hear the merits of the substantive rights that the person is trying to assert?

Administrative Proceeding

Yes. The statute is the Enabling Statute. A board/ tribunal will hear the merits of the right that the person is trying to assert by way of a board/ Tribunal Application or other originating proceeding (the “Tribunal Application”).

Does the Enabling Statute confer standing on the person to commence the Tribunal Application?

Yes.

No. The person cannot commence the Tribunal Application.

Does the Enabling Statute permit the Tribunal Application to be commenced against the proposed respondents?

Yes.

No. The Tribunal Application cannot be commenced against the proposed respondent.

Is the Tribunal Application being commenced within the statutory time limit or extension prescribed by the Enabling Statute, its regulations, or the tribunal rules?

Yes.

No. The Tribunal Application cannot be commenced.

Has notice been given, leave obtained, and any other precondition been satisfied where required, before commencing the Tribunal Application?

Yes.

No. The person must first satisfy the preconditions.

Does a valid contract lawfully require the dispute to be resolved outside of an Ontario board/tribunal?

No. The person may commence the Tribunal Application against the proposed respondent.

Yes. The person cannot commence the Tribunal Application.

How to commence the Tribunal Application?

Consult the following:

(1) Applicable Legal Sources, Statutory Powers Proceeding Act, and board/ tribunal rules of procedure to determine:

– the requisite form of the Tribunal Application;

– the requisite content of the Tribunal Application;

– the administrative remedies that the board/tribunal is able to grant the person; and

– any applicable filing fee.

(2) Applicable past decisions from the board/tribunal and any Divisional Court/ Superior Court of Justice decisions reviewing the board/ tribunal’s decisions to determine:

– the legal test(s) to be satisfied;

– the evidence required to satisfy those legal test(s); and

– the remedies commonly granted.

(3) Board/tribunal rules of procedure and guidelines to determine:

– the requisite steps to file the Tribunal Application; and

– the requisite steps to serve the Tribunal Application, where required.

Civil Proceeding

No. A court will hear the merits of the right that the person is trying to assert by way of a court action or application (the “Court Proceeding”).

Does the applicable Legal Sources confer standing on the person to commence the Court Proceeding?

Yes.

No. The person cannot commence the Court Proceeding.

Does the applicable Legal Sources permit or require the Court Proceeding to be commenced against the proposed defendants or respondents?

Yes.

No. The Court Proceeding cannot be commenced against the proposed defendant or respondent.

Is the court application being commenced within the limitation period prescribed by the Limitations Act or applicable statute listed under Legal Sources?

Yes.

No. If there is no basis to postpone/ suspend/ extend/ or preclude the limitation period, the Court Proceeding cannot be commenced.

Has notice been given, leave obtained, and any other precondition been satisfied where required, before commencing the Court Proceeding?

Yes.

No. The person must first satisfy the preconditions.

Does a valid contract lawfully require the dispute to be resolved outside of an Ontario court?

No. The person may commence the Court Proceeding against the proposed respondent.

Yes. The person cannot commence the Court Proceeding in Ontario.

How to commence the Court Proceeding?

Consult the following:

(1) Applicable Legal Sources, Rules of Civil Procedure (or Small Claims Court Rules), prescribed court forms, and any applicable practice directions to determine:

– the type of originating proceeding (action or application) permitted under the Rules of Civil Procedure;

– the prescribed form of the originating process;

– the requisite content of the originating process;

– the civil remedies that the court is able to grant the person; and

– any applicable filing fee.

(2) Applicable past decisions from the Superior Court of Justice, Court of Appeal for Ontario, Supreme Court of Canada, and Divisional Court to determine:

– the legal test(s) to be satisfied;

– the evidence required to satisfy those legal test(s); and

– the remedies commonly granted.

(3) The Rules of Civil Procedure (or Small Claims Court Rules) and any applicable practice directions to determine:

– the requisite steps to file the originating process; and

– the requisite steps to serve the originating process.