O. Reg. 43/14: RULES OF CIVIL PROCEDURE

Link to law: http://www.ontario.ca/laws/regulation/r14043
Published: 2014-03-04

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ONTARIO REGULATION 43/14

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 Reg. 194 of R.R.O. 1990

(RULES OF CIVIL PROCEDURE)

1. Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by adding the following Rule:

RULE 2.1 GENERAL POWERS TO STAY OR DISMISS IF VEXATIOUS, ETC.

STAY, DISMISSAL OF FRIVOLOUS, VEXATIOUS, ABUSIVE PROCEEDING

Order to Stay, Dismiss Proceeding

2.1.01 (1) The court may, on its own initiative, stay or dismiss a proceeding if the proceeding appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court.

Summary Procedure

(2) The court may make a determination under subrule (1) in a summary manner, subject to the procedures set out in this rule.

(3) Unless the court orders otherwise, an order under subrule (1) shall be made on the basis of written submissions, if any, in accordance with the following procedures:

1. The court shall direct the registrar to give notice (Form 2.1A) to the plaintiff or applicant, as the case may be, that the court is considering making the order.

2. The plaintiff or applicant may, within 15 days after receiving the notice, file with the court a written submission, no more than 10 pages in length, responding to the notice.

3. If the plaintiff or applicant 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 applicant or to any other party.

4. If the plaintiff or applicant files a written submission that complies with paragraph 2, the court may direct the registrar to give a copy of the submission to any other party.

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

(4) A document required under subrule (3) to be given to a party shall be mailed in the manner described in subclause 16.01 (4) (b) (i), and is deemed to have been received on the fifth day after it is mailed.

Copy of Order

(5) The registrar shall serve a copy of the order by mail on the plaintiff or applicant as soon as possible after the order is made.

Request for Order

(6) Any party to the proceeding may file with the registrar a written request for an order under subrule (1).

Notification of Court by Registrar

(7) If the registrar becomes aware that a proceeding could be the subject of an order under subrule (1), the registrar shall notify the court.

STAY, DISMISSAL OF FRIVOLOUS, VEXATIOUS, ABUSIVE MOTION

Order to Stay, Dismiss Motion

2.1.02 (1) The court may, on its own initiative, stay or dismiss a motion if the motion appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court.

(2) Subrules 2.1.01 (2) to (7) apply, with necessary modifications, to the making of an order under subrule (1) and, for the purpose,

(a) a reference to the proceeding shall be read as a reference to the motion; and

(b) a reference to the plaintiff or applicant shall be read as a reference to the moving party.

Prohibition on Further Motions

(3) On making an order under subrule (1), the court may also make an order under rule 37.16 prohibiting the moving party from making further motions in a proceeding without leave.

STAY, DISMISSAL OF PROCEEDING IF NO LEAVE UNDER COURTS OF JUSTICE ACT

Order for Stay, Dismissal

2.1.03 (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 a proceeding without the order having been rescinded or leave granted for the proceeding to be instituted or continued, the court shall make an order staying or dismissing the proceeding.

Request for Order

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

Copy of Order

(3) An order under subrule (1) may be made without notice, but the registrar shall serve a copy of the order by mail on every party to the proceeding for whom an address is provided in the originating process as soon as possible after the order is made.

2. Subrule 4.01 (3) of the Regulation is revoked and the following substituted:

Standards — Electronic Documents

(3) A document that is issued or filed electronically in accordance with these rules is sufficient, despite subrule (1), if it meets the standards of the software authorized by the Ministry of the Attorney General for the purpose.

3. (1) Subrule 4.05 (1) of the Regulation is amended by adding “unless these rules provide otherwise” at the end.

(2) Subrule 4.05 (1.1) of the Regulation is revoked and the following substituted:

Electronic Issuing

(1.1) 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) Subrule 4.05 (4.1) of the Regulation is revoked and the following substituted:

Electronic Filing

(4.1) 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.

(4) Rule 4.05 of the Regulation is amended by adding the following subrules:

Limit on Who May do Electronic Issuance, Filing

(4.1.1) Despite any entitlement or requirement in these rules for the electronic issuance or filing of documents, only the following persons may have documents issued electronically or may file documents electronically:

1. A lawyer or a person licensed under the Law Society Act to provide legal services in Ontario.

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

3. A Minister or body acting under the authority of an Act of Canada or Ontario.

. . . . .

Date of Electronic Issuance, Filing

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

4. Rule 4.05.1 of the Regulation is revoked.

5. (1) Subrule 14.05 (1) of the Regulation is amended by adding “14E.1” after “14E”.

(2) Subrule 14.05 (1.1) of the Regulation is amended by adding “14E.1” after “14E”.

6. Clause 17.02 (o) of the Regulation is revoked.

7. Subrule 19.01 (1.1) of the Regulation is revoked.

8. (1) Subrule 38.01 (1) of the Regulation is revoked and the following substituted:

APPLICATION OF THE RULE

(1) Rules 38.02 to 38.12 apply to all proceedings commenced by a notice of application under rule 14.05, subject to subrules (2) and (3).

(2) Rule 38.01 of the Regulation is amended by adding the following subrule:

(3) Rules 38.02 to 38.12 apply to an application made under subsection 140 (3) of the Courts of Justice Act, unless otherwise provided in rule 38.13 and subject to any modifications set out in that rule.

9. Rule 38.04 of the Regulation is amended by adding “14E.1” after “14E” in the portion before clause (a).

10. Rule 38 of the Regulation is amended by adding the following rules:

STRIKING OUT A DOCUMENT

38.12 Rule 25.11 applies, with necessary modifications, with respect to any document filed on an application.

APPLICATIONS UNDER S. 140 (3), COURTS OF JUSTICE ACT

38.13 (1) This rule applies to applications made under subsection 140 (3) of the Courts of Justice Act.

Written Hearing

(2) An application made under subsection 140 (3) of the Courts of Justice Act shall be heard in writing without the attendance of the parties, unless the court orders otherwise.

Commencement

(3) The application shall be commenced by filing both a notice of application, in Form 14E.1, and the application record described in subrule 38.09 (2).

Factum not Required

(4) A factum described in clause 38.09 (1) (a) is not required to be filed, but any factum that is filed shall be filed together with the notice of application and the application record.

Interpretation of Service of Notice Rule

(5) Subrules 38.06 (1) and (2) shall be read as if the reference to the notice of application includes reference to the application record and, if applicable, the applicant’s factum.

Service on Attorney General

(6) In addition to serving the notice of application, application record and, if applicable, factum, on all parties under subrule 38.06 (1), the applicant shall serve the documents on the Attorney General of Ontario in the manner described in clause 16.02 (1) (h).

Timing of Service

(7) The notice of application, application record and, if applicable, factum shall be served within 15 days after the documents were filed or, if the service is on a person outside Ontario, within 25 days after the documents were filed.

Proof of Service

(8) Proof of service of the notice of application, application record and, if applicable, factum shall be filed immediately after they are served.

Non-application of Rules

(9) Subrules 38.03 (2), (3) and (3.1), 38.06 (3) and (4), rule 38.07, subrules 38.09 (1), (3), (3.1) and (3.2) and rule 38.09.1 do not apply to applications made under subsection 140 (3) of the Courts of Justice Act, unless the court orders otherwise.

Opportunity to Respond Before Making Order

(10) Despite subrule (9), the court shall not make an order under subsection 140 (4) of the Courts of Justice Act granting leave to institute or continue a proceeding, or rescinding an order made under subsection 140 (1) of that Act, without giving the other parties and the Attorney General of Ontario an opportunity to serve and file a respondent’s application record and factum.

11. Rule 39.02 of the Regulation is amended by adding the following subrule:

(1.1) Subrule (1) does not apply to an application made under subsection 140 (3) of the Courts of Justice Act.

12. Rule 39.03 of the Regulation is amended by adding the following subrule:

(2.1) Subrules (1) and (2) do not apply to an application made under subsection 140 (3) of the Courts of Justice Act.

13. Subrule 60.02 (3) of the Regulation is amended by striking out “by filing electronically under subrule 4.05.1 (2) a declaration setting out the basis of the entitlement to costs” at the end and substituting “by filing electronically a declaration setting out the basis of the entitlement to costs, subject to subrule 4.05 (4.1.1)”.

14. (1) Subrules 60.07 (1.1), (1.2), (1.3) and (1.4) of the Regulation are revoked and the following substituted:

(1.1) Subject to subrule 4.05 (4.1.1), the creditor may file the requisition referred to in subrule (1) electronically, in which case,

(a) neither a copy of the order as entered nor any other evidence is required to be filed with the requisition; and

(b) the writ or writs of seizure and sale shall be issued electronically.

(1.2) If a Minister or body is entitled under an Act of Canada or Ontario to file a document in the Superior Court of Justice and have it entered and enforced as if it were an order of the court, the document may be enforced by one or more writs of seizure and sale without being filed with the court, by the electronic filing with the registrar of a requisition containing the information set out in clauses (1) (a) and (b).

(1.3) On the filing of a requisition under subrule (1.2),

(a) the document is deemed to have been entered as an order of the Superior Court of Justice; and

(b) the writ or writs of seizure and sale shall be issued electronically.

(2) Rule 60.07 of the Regulation is amended by adding the following subrules:

Filing of Writ with Sheriff

(5.1) A writ of seizure and sale may be filed with a sheriff.

(5.2) Subject to subrule 4.05 (4.1.1), a writ of seizure and sale may be filed electronically, but a writ that is issued electronically shall be filed electronically.

Error in Writ Issued Electronically

(5.3) A creditor who discovers that a writ of seizure and sale that was issued electronically and filed with a sheriff contains an error may, no later than two business days after filing, correct the error by using the software that was used for the issuance of the writ.

(3) Subrule 60.07 (8.1) of the Regulation is revoked and the following substituted:

(8.1) Subject to subrule 4.05 (4.1.1), a request to renew may be filed electronically.

(4) Subrule 60.07 (11.1) of the Regulation is revoked and the following substituted:

(11.1) If the court makes an order under subrule (11), the creditor may, subject to subrule 4.05 (4.1.1), file the amendments to the writ with the sheriff electronically.

(5) Subrules 60.07 (12.1) and (12.2) of the Regulation are revoked and the following substituted:

Change of Address

(12.1) If the address of the creditor or the creditor’s lawyer changes after the writ is issued and has been filed with the sheriff, the creditor shall file with the sheriff a requisition containing the new address and a request to change the address for the writ.

Assignment of Writ

(12.2) If a writ of seizure and sale is assigned to another creditor after the writ has been filed with the sheriff, the new creditor shall file with the sheriff a requisition containing the name and address of the new creditor and that of his or her lawyer, if any, and a request to change the creditor’s information for the writ due to an assignment.

Electronic Filing for Change of Address, Assignment

(12.3) Subject to subrule 4.05 (4.1.1), a requisition under subrule (12.1) or (12.2) may be filed electronically.

Confirmation of Assignment

(12.4) In order to confirm whether a request under subrule (12.2) is properly made, the sheriff may require the new creditor to provide to the sheriff, in the manner and within the time the sheriff specifies, a copy of the document providing for the assignment of the writ.

(12.5) If the creditor fails to comply with subrule (12.4), the sheriff may refuse the request to change the creditor’s information for the writ or may reverse the change, as the case may be.

(6) Rule 60.07 of the Regulation is amended by adding the following subrules:

(13.0.1) Subject to subrule 4.05 (4.1.1), the creditor may file the direction to enforce referred to in subrule (13) electronically, in which case a copy of the order as entered is not required to be filed with the direction to enforce.

. . . . .

Confirmation of Writ Filed Electronically

(13.2) In order to confirm whether a writ of seizure and sale filed with a sheriff electronically has been properly issued or filed, the sheriff may require the creditor to provide to the sheriff, in the manner and within the time the sheriff specifies, a copy of the order being enforced by the writ.

(13.3) The sheriff may withdraw an electronically filed writ of seizure and sale if,

(a) the sheriff determines that the writ was improperly issued or filed; or

(b) the creditor fails to comply with subrule (13.2).

(13.4) A writ may be withdrawn under subrule (13.3) at any time during its enforcement.

(13.5) If the sheriff makes a determination that a writ of seizure and sale filed with the sheriff electronically was properly issued or filed but contains an error or otherwise differs from the order to which the writ relates, the sheriff may correct the writ to make it consistent with the order.

(13.6) The sheriff shall give notice of a withdrawal under subrule (13.3) or a correction under subrule (13.5) to the creditor, by mail addressed to the creditor at the address indicated for the writ.

15. Rule 60.07.1 of the Regulation is revoked and the following substituted:

DOCUMENTS DIRECTED TO SHERIFF UNDER AN ACT

Application of Rules

60.07.1 (1) These rules, other than subrule 60.07 (13), apply, with necessary modifications, to a warrant or other document that is issued by a Minister or body under an Act and directed to a sheriff, as if the document were a writ of seizure and sale.

Direction to Enforce

(2) If the Minister or body files the document with the sheriff, the Minister or body may have the document enforced by filing with the sheriff a direction to enforce, directing the sheriff to enforce the document for the amount owing, subsequent interest and the sheriff’s fees and expenses, and setting out,

(a) the amount owing under the document as issued and the date of issuance;

(b) the rate of interest payable;

(c) the date and amount of any payment received since the document was issued; and

(d) the amount owing under the document, including interest.

Electronic Filing

(3) The direction to enforce may be filed electronically.

16. Subrules 60.15 (3) and (4) of the Regulation are revoked and the following substituted:

Withdrawal of Writ by Person Who Filed It

(3) A person who has filed a writ with a sheriff may withdraw it as against one or more of the debtors named in it by,

(a) giving the sheriff written instructions to that effect; or

(b) subject to subrule 4.05 (4.1.1), filing a withdrawal of writ electronically.

17. Rule 60.16 of the Regulation is amended by adding the following subrule:

(1.1) Subject to subrule 4.05 (4.1.1), notice under subrule (1) may be filed with the sheriff electronically.

18. Rule 60.19 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 under these rules of a writ of seizure and sale or any documents relating to the issuance or enforcement of a writ of seizure and sale.

19. Rule 61.16 of the Regulation is amended by adding the following subrule:

No Review of Panel’s Order

(6.1) Subject to rules 37.14 and 59.06, an order or decision of a panel of an appellate court may not be set aside or varied under these rules.

20. (1) Subrule 63.01 (3) of the Regulation is amended by striking out “Tenant Protection Act, 1997” and substituting “Residential Tenancies Act, 2006”.

(2) Subrule 63.01 (3) of the Regulation, as amended by subsection (1), is revoked and the following substituted:

Eviction Order Under Residential Tenancies Act, 2006

(3) The delivery of a notice of appeal from an interlocutory or final order made under the Residential Tenancies Act, 2006 stays, until the disposition of the appeal, any provision of the order,

(a) declaring a tenancy agreement terminated or evicting a person; or

(b) terminating a member’s occupancy of a member unit in a non-profit housing co-operative and evicting the member.

21. (1) Subrule 63.03 (5.1) of the Regulation is amended by striking out “the Ontario Rental Housing Tribunal” and substituting “the Landlord and Tenant Board”.

(2) Subrule 63.03 (5.2) of the Regulation is amended by striking out “the Ontario Rental Housing Tribunal” and substituting “the Landlord and Tenant Board”.

22. The Table of Forms to the Regulation is amended by adding the following:

2.1A

Notice that Proceeding (or Motion) May be Stayed or Dismissed

January 23, 2014


. . . . .

14E.1

Notice of Application under Subsection 140 (3) of the Courts of Justice Act

January 23, 2014


Commencement

23. (1) Subject to subsection (2), this Regulation comes into force on the later of July 1, 2014 and the day it is filed.

(2) Subsection 20 (2) comes into force on the latest of,

(a) July 1, 2014;

(b) the day section 31 of the Non-profit Housing Co-operatives Statute Law Amendment Act, 2013 comes into force; and

(c) the day this Regulation is filed.

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