O. Reg. 194/15: RULES OF THE SMALL CLAIMS COURT

Link to law: http://www.ontario.ca/laws/regulation/r15194
Published: 2015-07-09

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ontario regulation 194/15

made under the

Courts of Justice Act

Made: June 2, 2015
Approved: July 8, 2015
Filed: July 9, 2015
Published on e-Laws: July 10, 2015
Printed in The Ontario Gazette: July 25, 2015


Amending O. Reg. 258/98

(RULES OF THE SMALL CLAIMS COURT)

1. The French version of clause 4.01 (3) (c) of Ontario Regulation 258/98 is amended by striking out “de parenté”.

2. The French version of clause 4.02 (2) (c) of the Regulation is amended by striking out “de parenté”.

3. Rule 11.1 of the Regulation is revoked and the following substituted:

Rule 11.1 Dismissal by Clerk

Dismissal

11.1.01 (1) Unless the court orders otherwise, the clerk shall make an order dismissing an action for delay if, by the later of the second anniversary of the commencement of the action and September 1, 2017,

(a) the action has not been disposed of by order; and

(b) no step has been taken by the plaintiff under subrule 11.03 (2) to obtain judgment, nor has a trial date been requested.

Exceptions

(2) Subrule (1) does not apply if,

(a) an offer to settle the action has been accepted and filed;

(b) the defence contains an admission of liability for the plaintiff’s claim in the action and a proposal of terms of payment under subrule 9.03 (1); or

(c) at the time the clerk would otherwise be required under that subrule to dismiss the action, the plaintiff is under disability.

Service of Order

(3) The clerk shall serve a copy of an order made under subrule (1) on the parties.

Transition

(4) Every outstanding notice that an action will be dismissed as abandoned that was given by the clerk under this rule, as it read immediately before September 1, 2015, ceases to have effect on that date.

4. The Table of Forms to the Regulation is amended by striking out,

 


7A


Plaintiff’s Claim


January 23, 2014



and substituting:

 


7A


Plaintiff’s Claim


February 12, 2015



Commencement

5. This Regulation comes into force on the later of September 1, 2015 and the day it is filed.

Made by:
Pris par :

Civil Rules Committee:
Le Comité des règles en matière civile :

Alison Warner

Senior Legal Officer, Court of Appeal for Ontario (Avocat Principal, Cour d’appel de l’Ontario) & Secretary Civil Rules Committee

Date made: June 2, 2015.
Pris le : 2 juin 2015.

I approve this Regulation.
J’approuve le présent règlement.

La procureure générale,

Madeleine Meilleur

Attorney General

Date approved: July 8, 2015.
Approuvé le : 8 juillet 2015.

 

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