True or False: The date of issuance of an originating process is considered the date of commencement of the proceeding.

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The assertion that the date of issuance of an originating process is considered the date of commencement of the proceeding is accurate. In Ontario civil procedure, the commencement of a proceeding is marked by the issuance of the originating process, which includes documents such as a statement of claim or notice of action. This issuance is a critical step, as it formalizes the initiation of legal action, allowing the court to gain jurisdiction over the matter and the parties involved.

In civil cases, this date is crucial because it determines various important timelines, such as limitation periods and the ability to serve the defendant. Once the originating process is issued, it becomes a public document, allowing the court to track the case and ensuring that parties adhere to procedural rules.

It should be noted that the commencement rules differ between civil and criminal cases. In criminal matters, proceedings may commence in different ways, such as by an arrest or a charging document, so this assertion is not universally applicable to all types of cases. Hence, while the statement is true for civil proceedings, it does not extend to criminal cases or suggest that there is any partial applicability in that context.

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