Updated June 2012
This How-To Brief outlines the steps when issuing and entering an order.
1Gather what you will need
- A copy of the judge or judicial officer's order, a handwritten endorsement and any corresponding reasons
- The client's file, including a copy of the notice of motion, affidavits, facta and any evidentiary documents before the court
- Rules of Civil Procedure
- Applicable practice directions
- Rules of Civil Procedure Forms:
- Form 4C, Backsheet
- Form 59A, Order
- (See the link to the Rules of Civil Procedure Forms in the Resources section of this How-To Brief.)
- Courts of Justice Act
- Firm precedents, if any, and library resources for precedent material
2Complete the form of the draft order
- A draft formal order may be prepared by any affected party and sent to all other parties represented at the hearing for approval of the form of the draft. Usually, the draft is prepared by the successful party (r. 59.03(1)).
- Use Form 59A (for an order), 59B (for a judgment) or 59C (for an order or a certificate on appeal) and 4C (the backsheet). See r. 59.03(3).
- Include the following:
- the name of the judge or officer who made the order
- the date on which the order was made—if the decision was reserved, the date on which the decision was finally released will be the date of the order
- a preamble reciting the particulars necessary to understand the order, including
- the date of the hearing
- the parties who were present or represented by counsel and those who were not
- any consents, waivers, undertakings or admissions given by the parties in relation to the order
- the evidence, written material and oral submissions considered by the court
- if the decision was reserved, the day(s) on which the matter was heard and indicating that judgment was reserved
3Prepare the operative part of the draft order
- In consecutively numbered paragraphs, prepare the substantive portion of the order (r. 59.03(4)). Address the complete disposition of the matter in the following order:
- the decision as to the rights of the parties
- any directions providing for or giving effect to those rights and any consequential directions
- any disposition as to costs
- the particulars as to pre- and post-judgment interest—see ss. 128 and 129 of the Courts of Justice Act
- If the order contains a monetary award, ensure that the award is stated in Canadian currency.
4Send copies of the draft order to the opposite party for approval
- Send a copy of the draft order to counsel for all other parties involved and ask them to approve the order as to its form and contents (r. 59.03(1)).
- If one of the parties refuses or fails to approve the order within a reasonable time, make an appointment with the Registrar to have the order settled (r 59.04(10)).
5Obtain the signed and entered order
- Once the form of the order is either approved or settled, the order is either signed by the Registrar of the appropriate court or the judicial officer who heard the matter (rr. 59.04(1) and (16)). Where the order has been approved, take the approved copies and two clean copies of the order to the court office where the proceeding was commenced or where the hearing took place. Leave the copies of the order at the court office to be signed and entered by the Registrar (r. 59.04(5)).
- Where the Registrar is satisfied that the order is in proper form, the Registrar must return the order to the party who left it to be signed (r. 59.04(8)).
- Where the Registrar is not satisfied that the order is in proper form, the Registrar must sign and return the order unsigned to the party who left it to be signed. The order may be resubmitted in proper form, or the party may seek an appointment to have the order settled (and then signed) by the court, judge or judicial officer who made it (r. 59.04(9)).
- Note that a signed order is often referred to as having been "issued" although the Rules of Civil Procedure do not use the term "issued" in the context of a signed order.
- Every order must be entered in the court office in which the proceeding was commenced and a copy of the order as entered must be filed in the court file. Entering an order refers to the recording of the order in the court office by either inserting a copy in an entry book or microfilming it. If the order has been signed in the court office in which the proceeding was commenced, the Registrar will automatically enter it after signing it. Otherwise, take the signed copies of the order to the applicable court office to have the order entered by the Registrar (r. 59.05).
- Provide copies of the issued (signed) and entered order to the opposite party and to the client.
- Add a copy of the order as issued and entered to the pleadings brief.
Order: A court pronouncement or adjudication on an issue between or among parties. An order includes a judgment. See s. 1 of the Courts of Justice Act and r. 1.03 of the Rules of Civil Procedure.
Judgment: A decision that finally disposes of an application or action on its merits and includes a judgment entered in consequence of the default of a party. See s. 1 of the Courts of Justice Act, and r. 1.03 of the Rules of Civil Procedure.
Statutes and Rules