In a superior court

A court-ordered timetable may be peremptory, but a peremptory order “must be clearly peremptory”—the parties cannot read the requirement to obey every aspect of an order into the order absent clear text (2019 ONSC 2348, para. 23). An order will only be peremptory when it is “determinant and final” (2008 CanLII 22130 (ON SC), para. 19).

In any event, the Court will provide parties with the opportunity to correct their misconduct or breaches of its orders before imposing sanctions (2015 ONSC 4731, paras. 19 et seq.; 2019 ONSC 1183, para. 29).