- A trial record is the compiled set of documents that formally puts a Superior Court of Justice civil action before a trial judge.
- While exact contents can vary by case, an Ontario civil trial record generally includes: - [ ] A table of contents or index - [ ] The pleadings (statement of claim, statement of defence,…
- Under the Rules of Civil Procedure, responsibility for putting the trial record together generally falls on the plaintiff, or whichever party is pushing the matter toward trial.
If your Ontario lawsuit is heading to trial, at some point someone has to hand the court a single, organized package containing everything the judge needs to run the case — the pleadings, the orders made along the way, and a statement of how the case is expected to unfold. That package is called the trial record, and putting it together correctly, and on time, is one of the last procedural hurdles before you actually get in front of a judge.
Many litigants are surprised to learn that assembling the trial record isn't something the court does for you. It's a specific task, usually falling to the plaintiff's lawyer, with its own filing fee and its own consequences if it's missed or done poorly.
This guide explains what a trial record generally contains, who is responsible for putting it together, when it needs to be filed, and what can go wrong if it isn't handled properly.
What Is a Trial Record?
A trial record is the compiled set of documents that formally puts a Superior Court of Justice civil action before a trial judge. Rather than the judge digging through the entire court file, the trial record gathers the essential pleadings and procedural documents into one indexed package the trial judge can work from on day one.
Think of it as the case's table of contents and core paperwork rolled into one filing. It doesn't contain the evidence itself — that comes later, through witnesses and exhibits at trial — but it does contain the documents that define what the lawsuit is about and how it has proceeded so far.
What Typically Goes Into a Trial Record
While exact contents can vary by case, an Ontario civil trial record generally includes:
- [ ] A table of contents or index
- [ ] The pleadings (statement of claim, statement of defence, and any counterclaim, crossclaim, or reply)
- [ ] Any jury notice, if a jury has been requested
- [ ] A certificate confirming the matter is ready for trial
- [ ] Copies of relevant orders made earlier in the case
- [ ] A brief statement of the expected length of trial and any special arrangements needed, such as interpreters or expert scheduling
Because requirements can shift depending on the court and the nature of the claim, confirm the current checklist with the court office or your lawyer before assembling one. Don't assume a template used in one case applies unchanged to another.
Who Prepares the Trial Record?
Under the Rules of Civil Procedure, responsibility for putting the trial record together generally falls on the plaintiff, or whichever party is pushing the matter toward trial. In practice, that means the plaintiff's lawyer compiles, indexes, and files it.
If a plaintiff fails to do so, a defendant who wants the matter to move forward can sometimes take over that responsibility rather than let the case stall indefinitely. That's one more reason plaintiffs shouldn't let trial preparation slide once a matter has survived pleadings, discovery, and any mandatory mediation.
Filing Fee and Timing
Filing a trial record with the Superior Court of Justice attracts a court fee — as of mid-2026, the fee for filing a trial record for the first time was $859.00, though court fees are set by regulation and adjusted periodically, so verify the current amount before you file.
Timing matters as much as content. Courts set filing deadlines tied to the scheduled trial date or an earlier trial management conference, and missing that window can jeopardize your trial date entirely. Build the task into your litigation timeline well before trial, not the week before.
What Happens If It's Late or Incomplete
A trial record that is missing key documents, poorly indexed, or filed late can cause real problems: the court may adjourn the trial, require the record to be redone, or in some cases order costs against the party responsible for the delay. None of these outcomes help your case — they simply add time and expense to a process that has usually already taken months or years to reach this point.
If you're self-representing in a matter that has reached the trial record stage, this is a good point to have a lawyer at least review your work, even if you've handled earlier stages on your own.
Frequently asked questions
Does every civil case need a trial record?
Only cases proceeding to an actual trial in the Superior Court of Justice need one. Cases that settle, are dismissed, or are decided by summary judgment or another pre-trial motion generally never reach this stage.
Can the trial record be amended after it's filed?
Yes, in many cases documents can be added or corrected before trial, but this usually requires the court's permission or the other side's consent. It's far better to get it right the first time than to rely on being able to fix it later.
Is the trial record the same as an affidavit of documents?
No. An affidavit of documents is filed much earlier, during discovery, and lists the documents each party has relevant to the claim. The trial record is a separate, later filing focused on getting the case ready to be heard.
What if my case is in Small Claims Court instead?
Small Claims Court uses its own simplified procedures rather than the Superior Court's trial record process. If your claim is in Small Claims Court, ask about that court's specific pre-trial requirements instead.
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