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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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