O. Reg. 440/10: Rules of the Small Claims Court


Published: 2010-12-01

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ontario regulation 440/10

made under the

Courts of Justice Act

Made: October 19, 2010
Approved: November 26, 2010
Filed: December 1, 2010
Published on e-Laws: December 2, 2010
Printed in The Ontario Gazette: December 18, 2010


Amending O. Reg. 258/98

(Rules of the Small Claims Court)

1. (1) Subrule 8.03 (7) of Ontario Regulation 258/98 is amended by striking out “if the individual's signature verifying receipt of the copy is obtained” at the end and substituting “if the signature of the individual or any person who appears to be a member of the same household, verifying receipt of the copy, is obtained”.

(2) Subrule 8.03 (8) of the Regulation is amended by striking out “the date on which the individual verifies receipt of the copy of the claim by signature” and substituting “the date on which receipt of the copy of the claim is verified by signature”.

2. (1) Subrule 9.01 (1) of the Regulation is amended by striking out “with a copy for every plaintiff” and substituting “together with a copy for each of the other parties”.

(2) Subrule 9.01 (2) of the Regulation is revoked and the following substituted:

Service of Copy by Clerk

(2) On receiving the defence, the clerk shall retain the original in the court file and shall serve a copy in accordance with subrule 8.01 (3) on each of the other parties.

3. (1) Subrule 19.01 (1) of the Regulation is amended by striking out “effecting service” and substituting “effecting service or preparing a plaintiff’s or defendant’s claim or a defence”.

(2) Subrule 19.01 (2) of the Regulation is amended by striking out “subrule (3) and substituting “subrules (3) and (4)”.

(3) Subrule 19.01 (3) of the Regulation is amended by striking out “$20” and substituting “$60”.

(4) Rule 19.01 of the Regulation is amended by adding the following subrule:

(4) The amount of disbursements assessed for preparing a plaintiff’s or defendant’s claim or a defence shall not exceed $100.

4. Rule 19.03 of the Regulation is revoked. 

5. Rules 19.04 and 19.05 of the Regulation are revoked and the following substituted:

Representation Fee

19.04 If a successful party is represented by a lawyer, student-at-law or agent, the court may award the party a reasonable representation fee at trial or at an assessment hearing.

Compensation for Inconvenience and Expense

19.05 The court may order an unsuccessful party to pay to a successful party who is self-represented an amount not exceeding $500 as compensation for inconvenience and expense.

6. (1) Clause 20.10 (4.1) (b) of the Regulation is revoked and the following substituted:

(b) in the case of an examination of a debtor who is an individual, complete a financial information form (Form 20I) and,

(i) serve it on the creditor requesting the examination, but not file it with the court, and

(ii) provide a copy of it to the judge presiding at the examination hearing.

(2) Rule 20.10 of the Regulation is amended by adding the following subrule:

(4.2) A debtor required under clause (4.1) (b) to complete a financial information form (Form 20I) shall bring such documents to the examination hearing as are necessary to support the information that he or she provides in the financial information form.

7. (1) Subrules 20.11 (1) and (2) of the Regulation are revoked and the following substituted:

Contempt Hearing

(1) If a person on whom a notice of examination has been served under rule 20.10 attends the examination but refuses to answer questions or to produce records or documents, the court may order the person to attend before it for a contempt hearing.

Same

(2) If a person on whom a notice of examination has been served under rule 20.10 fails to attend the examination, the court may order the person to attend before it for a contempt hearing under subsection 30 (1) of the Courts of Justice Act.

(2) Subrule 20.11 (3) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(3) If the court makes an order for a contempt hearing,

. . . . .

(3) Subrule 20.11 (4) of the Regulation is amended by striking out “subrule (2)” and substituting “subsection 30 (1) of the Courts of Justice Act”.

(4) Subrule 20.11 (6) of the Regulation is revoked and the following substituted:

Same

(6) The finding of contempt at a hearing held under subsection 30 (1) of the Courts of Justice Act is subject to subsection 30 (2) of that Act.

(5) Subrule 20.11 (7) of the Regulation is amended by striking out “held under subrule (1) or (2)” in the portion before clause (a).

(6) Clause 20.11 (7) (b) of the Regulation is revoked and the following substituted:

(b) be jailed for a period of not more than five days. 

(7) Clause 20.11 (7) (c) of the Regulation is amended by adding “under subrule (1) or subsection 30 (1) of the Courts of Justice Act, as the case may be” after “hearing”.

(8) Subrule 20.11 (8) of the Regulation is amended by striking out “a warrant of committal” in the portion before clause (a) and substituting “a committal”.

(9) Subrule 20.11 (9) of the Regulation is amended by striking out “The person shall be discharged from custody” at the beginning and substituting “A person in custody under a warrant issued under this rule shall be discharged from custody”.

(10) Subrule 20.11 (10) of the Regulation is amended by striking out “The warrant” at the beginning and substituting “A warrant issued under this rule”.

(11) Subrule 20.11 (11) of the Regulation is revoked.

8. (1) The Table of Forms to the Regulation is amended by striking out,

 


1B


Request for Telephone or Video Conference


June 1, 2009



. . . . .

 


7A


Plaintiff’s Claim


June 1, 2009




8A


Affidavit of Service


November 1, 2009




9A


Defence


June 1, 2009




. . . . .

 


11B


Default Judgment


June 1, 2009



. . . . .

 


11.3A


Notice of Discontinued Claim


June 1, 2009



. . . . .

 


13B


Consent


June 1, 2009



. . . . .

 


15A


Notice of Motion and Supporting Affidavit


June 1, 2009



. . . . .

 


20A


Certificate of Judgment


June 1, 2009



. . . . .

 


20E


Notice of Garnishment


June 1, 2009




20E.1


Notice of Renewal of Garnishment


June 1, 2009




20F


Garnishee’s Statement


June 1, 2009




20G


Notice to Co-owner of Debt


June 1, 2009




20H


Notice of Examination


June 1, 2009




20I


Financial Information Form


January 25, 2006




. . . . .

 


20M


Affidavit of Default of Payment


June 1, 2009



. . . . .

 


20Q


Notice of Garnishment Hearing


June 1, 2009




20R


Notice of Termination of Garnishment


June 1, 2009




and substituting,

 


1B


Request for Telephone or Video Conference


September 1, 2010



. . . . .

 


7A


Plaintiff’s Claim


September 1, 2010




8A


Affidavit of Service


September 1, 2010




9A


Defence


September 1, 2010




. . . . .

 


11B


Default Judgment


September 1, 2010



. . . . .

 


11.3A


Notice of Discontinued Claim


September 1, 2010



. . . . .

 


13B


Consent


September 1, 2010



. . . . .

 


15A


Notice of Motion and Supporting Affidavit


September 1, 2010



. . . . .

 


20A


Certificate of Judgment


September 1, 2010



. . . . .

 


20E


Notice of Garnishment


September 1, 2010




20E.1


Notice of Renewal of Garnishment


September 1, 2010




20F


Garnishee’s Statement


September 1, 2010




20G


Notice to Co-owner of Debt


September 1, 2010




20H


Notice of Examination


September 1, 2010




20I


Financial Information Form


September 1, 2010




. . . . .

 


20M


Affidavit of Default of Payment


September 1, 2010



. . . . .

 


20Q


Notice of Garnishment Hearing


September 1, 2010




20R


Notice of Termination of Garnishment


September 1, 2010




(2) The Table of Forms to the Regulation is amended by striking out,

 


20J


Warrant of Committal


June 1, 2009



and substituting,

 


20J


Warrant of Committal


September 1, 2010



9. (1) Subject to subsection (2), this Regulation comes into force on the later of January 1, 2011 and the day it is filed.

(2) Section 7 and subsection 8 (2) come into force on the later of the day subsection 20 (8) of Schedule 2 to the Good Government Act, 2009 comes into force and the day this Regulation is filed.

 

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