Looking for the Access to
Justice Research Network
(AJRN)? Click here

Inventory of Reforms

Prince Edward Island Simplified Procedure (Rule 75.1)


Rule establishing mandatory simplified procedure for actions of up to $25 000 in Supreme Court of Prince Edward Island.

Permanent implementation

Prince Edward Island

Supreme Court of Prince Edward Island (Trial Division)

Body Responsible:
Rules Committee

1998: Simplified Procedure rule introduced
2001, 2003, 2004: Amendments made

Prince Edward Island, Rules of Civil Procedure,PDFExternal Link r.75.1. [Annotated Rule]

Related Reforms:
Based on Ontario Simplified Procedure (Rule 76)

The Supreme Court of P.E.I. adopted the Ontario Rules of Civil Procedure in 1990. A substantial number of written decisions has been given by the Court addressing issues of interpretation and application of the Rules.

Rule 75.1 is modelled on r.76 of the Ontario Rules of Civil Procedure. There are two major differences between PEI’s Rule 75.1 and Ontario’s Rule 76:

The Prince Edward Island Rules of Civil Procedure were modelled on Ontario’s rules, with Rule 75.1 being implemented for the same reasons as Ontario’s Rule 76. The lack of proportionality between the amount being sued for and the cost of litigation places litigation outside the reach of most ordinary Canadians. The Zuber Report, which was considered by the Ontario Simplified Rules Subcommittee, demonstrated that for claims within the $25,000 monetary jurisdiction of the District Court the winning litigant was left with only 20-30% of his or her judgement after paying the legal fees.

Description of Reforms:
PEI’s simplified procedure rules reduce some of the steps typically required in the general procedure, such as discovery. These measures save costs for litigants and consequently make the courts accessible. The following is a description of some of the requirements stipulated in Rule 75.1:

Other Considerations
It is the procedure under Rule 75.1 which is meant to be simple – not the issues in the cases. The procedure is available for any action, except those referred to in Rule 75.1.01(1)…

The threshold test for granting summary judgment in an action brought under the Simplified Procedure Rule is much lower than the threshold test for obtaining summary judgment under Rule 20. If the court is satisfied there is sufficient material on which to resolve that issue on the motion, the court may grant summary judgment under Rule 75.1.07, notwithstanding there may be a genuine issue for trial.
Annotated Rule at 11

Revision History:
This summary was last reviewed in Oct 24, 2013