O. Reg. 170/14: RULES OF CIVIL PROCEDURE

Link to law: http://www.ontario.ca/laws/regulation/r14170
Published: 2014-08-19

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Français

ontario regulation 170/14

made under the

Courts of Justice Act

Made: July 23, 2014
Approved: August 14, 2014
Filed: August 19, 2014
Published on e-Laws: August 20, 2014
Printed in The Ontario Gazette: September 6, 2014


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

(RULES OF CIVIL PROCEDURE)

1. Subrule 12.06 (4) of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by striking out “(6)”.

2. Subrule 14.08 (3) of the Regulation is revoked.

3. Clause 16.01 (4) (b) of the Regulation is amended by striking out “or” at the end of subclause (i), by adding “or” at the end of subclause (ii) and by adding the following subclauses:

(iii) by use of an electronic document exchange of which the party or person is a member or subscriber, but, where service is made under this subclause between 4 p.m. and midnight, it is deemed to have been made on the following day, and

(iv) if the parties consent or the court orders under subrule 16.06.1 (2), by e-mailing a copy to the party or person in accordance with subrule 16.06.1 (1), but, where service is made under this subclause between 4 p.m. and midnight, it is deemed to have been made on the following day.

4. Subrule 16.03 (6) of the Regulation is amended by striking out “Ministry of Consumer and Commercial Relations” and substituting “Ministry of Government and Consumer Services”.

5. (1) Subrule 16.05 (1) of the Regulation is amended by adding the following clause:

(c.1) by use of an electronic document exchange of which the lawyer is a member or subscriber, but, where service is made under this clause between 4 p.m. and midnight, it is deemed to have been made on the following day;

(2) Clause 16.05 (1) (d) of the Regulation is amended by striking out “subrules (3), (3.1) and (3.2)” and substituting “subrules (3) and (3.2)”.

(3) Clause 16.05 (1) (f) of the Regulation is revoked and the following substituted:

(f) if the parties consent or the court orders under subrule 16.06.1 (2), by e-mailing a copy to the lawyer’s office in accordance with subrule 16.06.1 (1), but, where service is made under this clause between 4 p.m. and midnight, it is deemed to have been made on the following day.

(4) Subrule 16.05 (3.1) of the Regulation is revoked.

(5) Subrule 16.05 (4) of the Regulation is revoked.

6. Rule 16 of the Regulation is amended by adding the following rule:

Service by E-mail

Required Information

16.06.1 (1) The e-mail message to which a document served under subclause 16.01 (4) (b) (iv) or clause 16.05 (1) (f) is attached shall include,

(a) the sender’s name, address, telephone number, fax number, if any, and e-mail address;

(b) the date and time of transmission; and

(c) the name and telephone number of a person to contact in the event of a transmission problem.

Order for Service by E-mail

(2) If parties do not consent to the service of a document by e-mail, the court may, on motion, make an order directing that the document be served by e-mail, on such terms as are just.

7. (1) Rule 16.09 of the Regulation is amended by adding the following subrule:

Electronic Document Exchange

(4.1) Service of a document under subclause 16.01 (4) (b) (iii) or clause 16.05 (1) (c.1) (electronic document exchange) may be proved by a record of service generated by the electronic document exchange that identifies the document that was served and indicates,

(a) the total number of pages served;

(b) the name of the person who served the document and, if the person served the document on behalf of a party, the name of the party and the nature of the relationship between the person and the party;

(c) the name of the person on whom the document was served; and

(d) the date on and time at which the document was served through the electronic document exchange.

(2) Subrule 16.09 (6) of the Regulation is amended by striking out “under clause 16.05 (1) (f)” in the portion before clause (a) and substituting “under subclause 16.01 (4) (b) (iv) or clause 16.05 (1) (f)”.

(3) Clause 16.09 (6) (a) of the Regulation is revoked and the following substituted:

(a) served the document by e-mailing a copy in accordance with subrule 16.06.1 (1), and specifying whether it was on consent of the parties or under an order;

8. Subrule 24.1.13 (2) of the Regulation is amended by striking out “rule 77.08” in the portion before clause (a) and substituting “rule 50.13”.

9. Clauses 37.11 (1) (c) and (d) of the Regulation are revoked and the following substituted:

(c) the motion is to be heard by telephone conference or video conference;

(d) the motion is made in the course of a pre-trial conference or case conference; or

10. Rules 48.14 and 48.15 of the Regulation are revoked and the following substituted:

Dismissal of Action for Delay

48.14 (1) Unless the court orders otherwise, the registrar shall dismiss an action for delay in either of the following circumstances, subject to subrules (4) to (8):

1. The action has not been set down for trial or terminated by any means by the later of the fifth anniversary of the commencement of the action and January 1, 2017.

2. The action was struck off a trial list and has not been restored to a trial list or otherwise terminated by any means by the later of the second anniversary of being struck off and January 1, 2017.

Order to be Served

(2) The registrar shall serve an order made under subrule (1) (Form 48D) on the parties.

Order to Client

(3) A lawyer who is served with an order made under subrule (1) shall promptly give a copy of the order to his or her client.

Timetable

(4) Subrule (1) does not apply if, at least 30 days before the expiry of the applicable period referred to in that subrule, a party files the following documents:

1. A timetable, signed by all the parties, that,

i. identifies the steps to be completed before the action may be set down for trial or restored to a trial list, as the case may be,

ii. shows the date or dates by which the steps will be completed, and

iii. shows a date, which shall be no more than two years after the day the applicable period referred to in subrule (1) expires, before which the action shall be set down for trial or restored to a trial list.

2. A draft order establishing the timetable.

Status Hearing

(5) If the parties do not consent to a timetable under subrule (4), any party may, before the expiry of the applicable period referred to in subrule (1), bring a motion for a status hearing.

(6) For the purposes of subrule (5), the hearing of the motion shall be convened as a status hearing.

(7) At a status hearing, the plaintiff shall show cause why the action should not be dismissed for delay, and the court may,

(a) dismiss the action for delay; or

(b) if the court is satisfied that the action should proceed,

(i) set deadlines for the completion of the remaining steps necessary to have the action set down for trial or restored to a trial list, as the case may be, and order that it be set down for trial or restored to a trial list within a specified time,

(ii) adjourn the status hearing on such terms as are just,

(iii) if Rule 77 may apply to the action, assign the action for case management under that Rule, subject to the direction of the regional senior judge, or

(iv) make such other order as is just.

Party Under Disability

(8) Subrule (1) does not apply if, at the time the registrar would otherwise be required under that subrule to dismiss an action for delay, the plaintiff is under a disability.

Effect of Dismissal

(9) Rules 24.03 to 24.05 (effect of dismissal for delay) apply to an action dismissed under subrule (1).

Setting Aside

(10) The dismissal of an action under subrule (1) may be set aside under rule 37.14.

Transition

(11) Subject to subrule (12), every status notice served under this rule, as it read immediately before January 1, 2015, ceases to have effect on that date, if the action was not dismissed before that date.

(12) If a status hearing in relation to a status notice was scheduled but not held before January 1, 2015, this rule, as it read immediately before that date, continues to apply to the matter.

(13) Every notice that an action will be dismissed as abandoned that was given by the registrar under rule 48.15, as it read immediately before January 1, 2015, ceases to have effect on that date, if the action was not dismissed before that date.

11. The heading to Rule 50 of the Regulation is revoked and the following substituted:

Rule 50  Conferences

12. (1) Subrule 50.02 (1) of the Regulation is amended by striking out “under this Rule” at the end.

(2) Clause 50.02 (2) (a) of the Regulation is amended by striking out “under this Rule”.

(3) Rule 50.02 of the Regulation is amended by adding the following subrule:

(3) In addition to the pre-trial conference required to be held under this rule, a judge may at any time, on his or her own initiative or at a party’s request, direct that a pre-trial conference be held before a judge or case management master.

13. Rule 50.03 of the Regulation is revoked and the following substituted:

Pre-Trial Conferences for Applications

50.03 In an application, a judge may at any time, on his or her own initiative or at a party’s request, direct that a pre-trial conference be held before a judge or case management master.

14. Rule 50.05 of the Regulation is amended by adding the following subrule:

Duty of Lawyers

(3) Every lawyer attending the pre-trial conference shall ensure that he or she has the authority to deal with the matters referred to in rule 50.06 and that he or she is fully acquainted with the facts and legal issues in the proceeding.

15. Clause 50.07 (1) (b) of the Regulation is revoked and the following substituted:

(b) order a case conference under rule 50.13 if it is impractical to establish a timetable; and

16. Rule 50 of the Regulation is amended by adding the following rule:

Case conferences for Actions and Applications

50.13 (1) A judge may at any time, on his or her own initiative or at a party’s request, direct that a case conference be held before a judge or case management master.

Attendance

(2) The lawyers for the parties shall appear at the case conference and, unless the judge or case management master orders otherwise, the parties shall participate,

(a) by personal attendance; or

(b) under rule 1.08 (telephone and video conferences), if personal attendance would require undue amounts of travel time or expense.

(3) A party who requires another person’s approval before agreeing to a settlement shall, before the case conference, arrange to have ready telephone access to the other person throughout the case conference, whether it takes place during or after regular business hours.

(4) Every lawyer attending the case conference shall ensure that he or she has the authority to deal with the matters referred to in subrule (5) and that he or she is fully acquainted with the facts and legal issues in the proceeding.

Matters to be Dealt With

(5) At the case conference, the judge or case management master may,

(a) identify the issues and note those that are contested and those that are not;

(b) explore methods to resolve the contested issues;

(c) if possible, secure the parties’ agreement on a specific schedule of events in the proceeding;

(d) establish a timetable for the proceeding; and

(e) review and, if necessary, amend an existing timetable.

Powers

(6) At the case conference, the judge or case management master may, if notice has been given and it is appropriate to do so or on consent of the parties,

(a) make a procedural order;

(b) convene a pre-trial conference;

(c) give directions; and

(d) in the case of a judge,

(i) make an order for interlocutory relief, or

(ii) convene a hearing.

17. Subrule 53.03 (1) of the Regulation is amended by striking out “not less than 90 days before the pre-trial conference required under Rule 50” and substituting “not less than 90 days before the pre-trial conference scheduled under subrule 50.02 (1) or (2)”.

18. Clause 58.05 (1) (b) of the Regulation is amended by striking out “a court reporter” and substituting “an authorized court transcriptionist”.

19. Clause 60.19 (2) (b) of the Regulation is amended by striking out “court reporter” and substituting “authorized court transcriptionist”.

20. Subrule 61.05 (7) of the Regulation is amended by striking out “the court reporter” and substituting “the authorized court transcriptionist”.

21. (1) Subclause 61.09 (3) (a) (iv) of the Regulation is amended by striking out “the court reporter” and substituting “the authorized court transcriptionist”.

(2) Subclause 61.09 (3) (b) (iv) of the Regulation is amended by striking out “the court reporter” and substituting “the authorized court transcriptionist”.

22. (1) Subrule 62.02 (1) of the Regulation is amended by striking out “the Act” and substituting “the Courts of Justice Act”.

(2) Subrules 62.02 (2) and (3) of the Regulation are revoked and the following substituted:

Motion in Writing

(2) The motion for leave to appeal shall be heard in writing, without the attendance of parties or lawyers.

Notice of Motion

(3) Subrules 61.03.1 (2) and (3) apply, with necessary modifications, to the notice of motion for leave.

(3) Subrules 62.02 (5), (6), (6.1) and (6.2) of the Regulation are revoked and the following substituted:

Procedures

(5) Subrules 61.03.1 (4) to (19) (procedure on motion for leave to appeal) apply, with the following and any other necessary modifications, to the motion for leave to appeal:

1. References in the subrules to the Court of Appeal shall be read as references to the Divisional Court.

2. For the purposes of subrule 61.03.1 (6), only one copy of each of the motion record, factum, any transcripts and any book of authorities is required to be filed.

3. For the purposes of subrule 61.03.1 (10), only one copy of each of the factum, any motion record and any book of authorities is required to be filed.

23. Rule 77.08 of the Regulation is revoked and the following substituted:

Case Conference

77.08 A judge or case management master may at any time, on his or her own initiative or at a party’s request, convene a case conference under rule 50.13.

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

 


14A


Statement of Claim (General)


July 1, 2007




14B


Statement of Claim (Mortgage Action — Foreclosure)


July 1, 2007




14C


Notice of Action


July 1, 2007




and substituting the following:

 


14A


Statement of Claim (General)


June 9, 2014




14B


Statement of Claim (Mortgage Action — Foreclosure)


June 9, 2014




14C


Notice of Action


June 9, 2014




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

 


48C.1


Status Notice: Action Not on a Trial List


July 30, 2009




48C.2


Status Notice: Action Struck from Trial List


November 1, 2008




. . . . .

 


48E


Notice that Action will be Dismissed


July 30, 2009




48F


Order Dismissing Action as Abandoned


July 30, 2009




25. Item 22 of Part II of Tariff A to the Regulation is amended by striking out “court reporter” and substituting “authorized court transcriptionist”.

Commencement

26. (1) Subject to subsection (2), this Regulation comes into force on the later of January 1, 2015 and the day it is filed.

(2) Sections 4, 9, 18, 19, 20, 21 and 25 and this section come into force on the day this Regulation is filed.

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

John Kromkamp

Senior Legal Officer / Avocat Principal
Court of Appeal for Ontario / Cour d’Appel de l’Ontario

Date made: July 23, 2014.
Pris le : 23 juillet 2014.

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

La procureure générale,

Madeleine Meilleur

Attorney General

Date approved: August 14, 2014.
Approuvé le : 14 août 2014.

 

Français