What is a trial record in Ontario civil litigation and who prepares it?

A trial record is a bound compilation of key documents filed with the court in advance of a civil trial in Ontario Superior Court. It typically includes the pleadings, any court orders made during the proceeding, and a certificate of completeness. Its purpose is to give the trial judge a single organized package of the essential documents defining the case.

The plaintiff is generally responsible for preparing and filing the trial record, which must be filed within a specific time period before the trial commences. If the plaintiff fails to do so, the court can dismiss the action or transfer responsibility for the record to the defendant.

The trial record is distinct from the trial brief (or factum) that each party may use to outline their legal arguments, and from the trial book containing the evidence they plan to introduce at trial. Preparing for trial involves organizing multiple sets of documents — pleadings, evidence, legal authorities — and a litigation lawyer will coordinate this process, ensure all deadlines are met, and prepare the record in the format required by the court's local practice directions.