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ONTARIO REGULATION 44/14

made under the

COURTS OF JUSTICE ACT

Made: January 23, 2014
Approved: March 3, 2014
Filed: March 4, 2014
Published on e-Laws: March 5, 2014
Printed in The Ontario Gazette: March 22, 2014


Amending O. Reg. 258/98

(RULES OF THE SMALL CLAIMS COURT)

1. Subrule 1.02 (1) of Ontario Regulation 258/98 is amended by adding the following definition:

“proof of service” means, with respect to a document, proof of service of the document in accordance with rule 8.06; (“preuve de la signification”)

2. Rule 1 of the Regulation is amended by adding the following rule:

Electronic Filing, Issuance of Documents

1.05.1 (1) If these rules permit or require a document to be filed electronically, the software authorized by the Ministry of the Attorney General for the purpose shall be used for the filing.

(2) If these rules permit or require a document to be issued electronically, the software authorized by the Ministry of the Attorney General for the purpose shall be used for the issuance.

(3) A document issued using the authorized software is deemed to have been issued by the Small Claims Court.

Requirement for Signature

(4) If a document is filed or issued electronically, a requirement in these rules that the document contain a person’s signature is satisfied if the authorized software indicates on the document that the document has been electronically filed or issued, as the case may be.

Date of Filing, Issuance

(5) The date on which a document that is filed or issued electronically is considered to have been filed or issued, as the case may be, is the date indicated for the document by the authorized software.

Filing, Issuance Outside of Business Hours

(6) A document that is filed or issued electronically outside of regular business hours is deemed to have been filed or issued, as the case may be, on the next day that is not a holiday.

Requirement to Keep Original

(7) A person who electronically files an affidavit or other signed or certified document in accordance with these rules shall,

(a) keep the original document until the third anniversary of the electronic filing, until the clerk requests that the original document be filed or until these rules require that the original document be filed, whichever is earliest; and

(b) file the original document on the clerk’s request.

Limit on Application of Rule

(8) Despite subrules (1) and (2) and anything to the contrary in these rules, a rule permitting or requiring a document to be filed or issued electronically does not apply unless the Ministry of the Attorney General has authorized software to be used for the purpose for the court location at which the proceeding to which the document relates was or is to be commenced or to which it was transferred.

3. Rule 7 of the Regulation is amended by adding the following rules:

Electronic Filing of Claim

7.02 (1) A plaintiff’s claim may be filed with the clerk electronically in accordance with this rule, if the following conditions are satisfied:

1. The claim is for a debt or liquidated demand in money, including any interest.

2. Any interest payable in relation to the claim is no greater than 35 per cent per year.

3. The defendant is not a person under disability.

4. The claim is one that may, under subrule 6.01 (1), be filed in a court location for which the software authorized by the Ministry of the Attorney General for the purpose may be used, as indicated by the Ministry.

(2) The plaintiff’s claim shall specify at which court location referred to in paragraph 4 of subrule (1) the action is being commenced, and that court location is deemed to be the place at which the action is commenced.

(3) An email address at which the plaintiff agrees to accept service of documents from the court must be specified when filing the plaintiff’s claim.

(4) If a plaintiff’s claim is filed electronically, the requirement in subrule 7.01 (1) to also file a copy of the claim for each defendant does not apply.

Requirement to File in Paper Format

(5) A plaintiff’s claim that has been filed and issued electronically shall be filed with the clerk, with proof of service, in the following circumstances and in accordance with the following rules:

1. If a defence is filed disputing all or part of the claim, the documents shall be filed at least 14 days before the date of the settlement conference, for the purposes of subrule 13.03 (2).

2. If the plaintiff files a request to clerk under subrule 9.03 (3) for a terms of payment hearing, the documents shall be filed together with the request.

3. If default judgment has been obtained against a defendant under Rule 11 and a motion to set aside the default judgment is filed, the documents shall be filed at least three days before the hearing date.

4. If the plaintiff files a request to clerk under clause 11.03 (2) (b) for an assessment hearing, the documents shall be filed together with the request.

. . . . .

Electronic Issuance of Claim

7.04 (1) A plaintiff’s claim that is filed electronically under rule 7.02 shall be issued electronically.

(2) If a plaintiff’s claim is issued electronically, subrule 7.03 (2) does not apply. Instead, the claim shall be retained electronically, and a copy shall be placed into the court file by the clerk only if a request is made by a person in accordance with section 137 of the Courts of Justice Act to see the claim.

4. (1) Subrule 8.01 (3) of the Regulation is revoked.

(2) Rule 8.01 of the Regulation is amended by adding the following subrule:

(4.1) Despite subrule (4), if a plaintiff’s claim was issued electronically under rule 7.04, the clerk may serve the default judgment on the plaintiff by email to the email address provided by the plaintiff for the purpose, if these rules permit it.

(3) Subrule 8.01 (14) of the Regulation is revoked and the following substituted:

Defence and Other Documents

(14) The following documents may be served by mail, by courier, by fax, personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03, unless the court orders otherwise:

1. A defence.

2. Any other document not referred to in subrules (1) to (13).

5. Rule 9.01 of the Regulation is revoked and the following substituted:

Defence

9.01 A defendant who wishes to dispute a plaintiff’s claim shall, within 20 days of being served with the claim,

(a) serve on every other party a defence (Form 9A); and

(b) file the defence, with proof of service, with the clerk.

6. Rule 10.03 of the Regulation is revoked and the following substituted:

Defence

10.03 A party who wishes to dispute the defendant’s claim or a third party who wishes to dispute the plaintiff’s claim shall, within 20 days after service of the defendant’s claim,

(a) serve on every other party a defence (Form 9A); and

(b) file the defence, with proof of service, with the clerk.

7. Rule 10.05 of the Regulation is amended by adding the following subrule:

Exception, Electronic Filing, Issuance

(3) Subrule (1) does not apply to rule 7.02 (electronic filing of claim) or rule 7.04 (electronic issuance of claim).

8. Rule 11.01 of the Regulation is amended by adding the following subrules:

Electronic Filing

(1.1) In the case of a plaintiff’s claim that was issued electronically under rule 7.04, the plaintiff may file the proof referred to in subrule (1) electronically.

. . . . .

Electronic Filing

(4) In the case of a plaintiff’s claim that was issued electronically under rule 7.04, the plaintiff may file the affidavit for jurisdiction electronically.

9. Subrule 11.02 (3) of the Regulation is amended by adding “and, if applicable, subrule 8.01 (4.1)” at the end.

10. Rule 11.3.01 of the Regulation is amended by adding the following subrule:

Electronic Filing

(3) If the plaintiff’s claim was issued electronically under rule 7.04, the plaintiff may file the notice of discontinued claim, with proof of service, electronically.

11. (1) The heading to Rule 12 of the Regulation is revoked and the following substituted:

RULE 12 AMENDMENT, STRIKING OUT, STAY AND DISMISSAL

(2) Subrule 12.02 (2) of the Regulation is amended by adding the following paragraph:

2.1 In the case of a motion, order that the motion be stayed or dismissed.

(3) Rule 12.02 of the Regulation is amended by adding the following subrules:

General Power to Stay, Dismiss Action

(3) The court may, on its own initiative, make the order referred to in paragraph 1 of subrule (2) staying or dismissing an action, if the action appears on its face to be inflammatory, a waste of time, a nuisance or an abuse of the court’s process.

(4) Unless the court orders otherwise, an order under subrule (3) shall be made on the basis of written submissions in accordance with the following procedures:

1. The court shall direct the clerk to send notice by mail to the plaintiff that the court is considering making the order.

2. The plaintiff may, within 20 days after receiving the notice, file with the court a written submission, no more than four pages in length, responding to the notice.

3. If the plaintiff does not file a written submission that complies with paragraph 2, the court may make the order without any further notice to the plaintiff or to any other party.

4. If the plaintiff files a written submission that complies with paragraph 2, the court may direct the clerk to send a copy of the submission by mail to any other party.

5. A party who receives a copy of the plaintiff’s submission may, within 10 days after receiving the copy, file with the court a written submission, no more than four pages in length, responding to the plaintiff’s submission, and shall send a copy of the responding submission by mail to the plaintiff, and, on the request of any other party, to that party.

(5) The clerk shall send a copy of an order made under subrule (1) by mail to all the parties as soon as possible after the order is made.

(6) A document required under this rule to be sent by mail shall be mailed in the manner described in subrule 8.07 (1), and is deemed to have been received on the fifth day after it is mailed.

General Power to Stay, Dismiss Motion

(7) The court may, on its own initiative, make the order referred to in paragraph 2.1 of subrule (2) staying or dismissing a motion, if the motion appears on its face to be inflammatory, a waste of time, a nuisance or an abuse of the court’s process.

(8) Subrules (4) to (6) apply, with necessary modifications, to the stay or dismissal of a motion under subrule (7) and, for the purpose, a reference to the plaintiff shall be read as a reference to the moving party.

Clerk to Notify Court

(9) If the clerk becomes aware that an action could be the subject of an order under subrule (3), or that a motion could be the subject of an order under subrule (7), the clerk shall notify the court.

(4) Rule 12 of the Regulation is amended by adding the following rule:

Stay or Dismissal if No Leave under Courts of Justice Act

12.03 (1) If the court determines that a person who is subject to an order under subsection 140 (1) of the Courts of Justice Act has instituted or continued an action without the order having been rescinded or leave granted for the action to be instituted or continued, the court shall make an order staying or dismissing the action.

Request for Order

(2) Any party to the action may file with the clerk a written request for an order under subrule (1).

Service of Order

(3) An order under subrule (1) may be made without notice, but the clerk shall send a copy of the order by mail, in the manner described in subrule 8.07 (1), to every party to the action as soon as possible after the order is made.

12. (1) Subclause 13.05 (2) (a) (iii) of the Regulation is revoked and the following substituted:

(iii) with written reasons, staying or dismissing the action,

(2) Subclause 13.05 (2) (a) (iv) of the Regulation is amended by striking out “rule 12.02” at the end and substituting “subrule 12.02 (1)”.

(3) Subclause 13.05 (2) (a) (v) of the Regulation is revoked.

13. Rule 19.01 of the Regulation is amended by adding the following subrule:

(1.1) For greater certainty, subrule (1) includes costs associated with the electronic filing or issuance of documents under these rules.

14. (1) Rule 20.07 of the Regulation is amended by adding the following subrules:

Electronic Filing, Issuance

(1.3) The following persons may electronically file a request under subrule (1) for a writ of seizure and sale of land, without the supporting affidavit for enforcement request:

1. A lawyer or a paralegal.

2. A person who has filed a requisition with the clerk to provide for the electronic filing and issuance of documents in relation to the enforcement of an order.

(1.4) If the request is filed electronically, the writ of seizure and sale of land shall be issued electronically.

(1.5) Subrule 1.05.1 (6) does not apply to an electronically filed request or an electronically issued writ.

(2) Subrule 20.07 (2) of the Regulation is revoked and the following substituted:

Application of Rules of Civil Procedure to Issued Writ

(2) Subject to subrules (3) and (4), the Rules of Civil Procedure apply for all purposes instead of these rules to an issued writ of seizure and sale of land, as if the writ were a writ of seizure and sale issued under rule 60.07 of those Rules.

(3) Subrule 20.07 (4) of the Regulation is revoked and the following substituted:

Alternative Method of Renewal

(4) Instead of being renewed under the Rules of Civil Procedure in accordance with subrule (2), a writ of seizure and sale of land may be renewed before its expiration by filing a request to renew a writ of seizure and sale (Form 20N) with the sheriff.

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

7A

Plaintiff’s Claim

September 1, 2010


. . . . .

9A

Defence

September 1, 2010


. . . . .

10A

Defendant’s Claim

June 1, 2009


and substituting the following:

7A

Plaintiff’s Claim

January 7, 2014


. . . . .

9A

Defence

January 7, 2014


. . . . .

10A

Defendant’s Claim

January 7, 2014


Commencement

16. This Regulation comes into force on the later of July 1, 2014 and the day this Regulation is filed.

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