Does leave of the court need to be obtained if the parties have consented to the matter being placed on the trial list?
Ontario, Canada
The following excerpt is from Free v. McPherson, 2013 ONSC 7416 (CanLII):
R.48.04 (1) indicates that leave of the court must be obtained if the parties have consented to the matter being placed on the trial list which in this case they have. Leave is not required to enforce answers to undertakings, refusal or continuing disclosure. Blagrove v. Whittington (2010) ONSC 5748
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