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ontario regulation 259/14

made under the

Courts of Justice Act

Made: November 7, 2014
Approved: November 9, 2014
Filed: December 11, 2014
Published on e-Laws: December 12, 2014
Printed in The Ontario Gazette: December 27, 2014


Amending Reg. 194 of R.R.O. 1990

(RULES OF CIVIL PROCEDURE)

1. Subrule 7.07 (2) of Regulation 194 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(2) Notice of a motion for leave under subrule (1) shall be served on the party’s litigation guardian and, if the litigation guardian is not the Children’s Lawyer or the Public Guardian and Trustee,

(a) on the Children’s Lawyer, if the party is a minor; or

(b) on the Public Guardian and Trustee, in any other case.

2. Subrule 7.07.1 (2) of the Regulation is revoked and the following substituted:

(2) Notice of a motion for leave under subrule (1) shall be served on the party’s litigation guardian and, if the litigation guardian is not the Children’s Lawyer or the Public Guardian and Trustee,

(a) on the Children’s Lawyer, if the party is a minor; or

(b) on the Public Guardian and Trustee, in any other case.

3. The French version of clause 10.03 (b) of the Regulation is amended by striking out “dans l’instance” at the end and substituting “à l’audience”.

4. Rule 13.1.01 of the Regulation is amended by adding the following subrule:

Mortgage Claims

(3) In the case of an originating process, whether it is brought under Rule 64 (Mortgage Actions) or otherwise, that contains a claim relating to a mortgage, including a claim for payment of a mortgage debt or for possession of a mortgaged property, the proceeding shall be commenced in the county that the regional senior judge of a region in which the property is located, in whole or in part, designates within that region for such claims.

5. Subrule 15.04 (3) of the Regulation is revoked and the following substituted:

Party under Disability

(3) Where the party for whom the lawyer is acting is under disability, the notice of motion and the order shall also be served on the party’s litigation guardian and, if the litigation guardian is not the Children’s Lawyer or the Public Guardian and Trustee,

(a) on the Children’s Lawyer, if the party is a minor; or

(b) on the Public Guardian and Trustee, in any other case.

6. Subrule 24.01 (2) of the Regulation is revoked and the following substituted:

(2) The court shall, subject to subrule 24.02 (2), dismiss an action for delay if either of the circumstances described in paragraphs 1 and 2 of subrule 48.14 (1) applies to the action, unless the plaintiff demonstrates that dismissal of the action would be unjust.

7. Rule 24.02 of the Regulation is revoked and the following substituted:

Where plaintiff under disability

24.02 (1) Where the plaintiff is under disability, notice of a motion to dismiss an action for delay shall be served on the plaintiff’s litigation guardian and, if the litigation guardian is not the Children’s Lawyer or the Public Guardian and Trustee,

(a) on the Children’s Lawyer, if the plaintiff is a minor; or

(b) on the Public Guardian and Trustee, in any other case.

No Order Without Confirmation

(2) Where the Children’s Lawyer or the Public Guardian and Trustee has been served under subrule (1) but is not the plaintiff’s litigation guardian, the action may be dismissed under this Rule only if the Children’s Lawyer or the Public Guardian and Trustee, as the case may be, confirms to the court that he or she was served and takes no position on the dismissal, unless a judge orders otherwise.

8. Rule 39.01 of the Regulation is amended by adding the following subrule:

Expert Witness Evidence

(7) Opinion evidence provided by an expert witness for the purposes of a motion or application shall include the information listed under subrule 53.03 (2.1).

9. The French version of rule 51.04 of the Regulation is amended by striking out “au procès" and substituting “à l’audience”.

10. The French version of subrule 60.16 (1) of the Regulation is amended by striking out “avertit” and substituting “avise”.

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

 


53


Acknowledgement of Expert’s Duty


November 1, 2008



and substituting the following:

 


53


Acknowledgement of Expert’s Duty


July 22, 2014



Commencement

12. This Regulation comes into force on the later of March 31, 2015 and the day this Regulation is filed.

Made by:
Pris par :

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

Avocat principal, Cour d’appel de l’Ontario,

John Kromkamp

Senior Legal Officer, Court of Appeal for Ontario
and Secretary, Civil Rules Committee

Date made: November 7, 2014
Pris le : 7 novembre 2014

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

La procureure générale,

Madeleine Meilleur

Attorney General

Date approved: November 9, 2014
Approuvé le : 9 novembre 2014.

 

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