O. Reg. 231/13: RULES OF CIVIL PROCEDURE

Link to law: http://www.ontario.ca/laws/regulation/r13231
Published: 2013-07-31

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ONTARIO REGULATION 231/13

made under the

COURTS OF JUSTICE ACT

Made: June 18, 2013
Approved: July 30, 2013
Filed: July 31, 2013
Published on e-Laws: July 31, 2013
Printed in The Ontario Gazette: August 17, 2013


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

(RULES OF CIVIL PROCEDURE)

1. Subrule 1.03 (1) of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:

“limited scope retainer” means the provision of legal services by a lawyer for part, but not all, of a client’s legal matter by agreement between the lawyer and the client; (“mandat à portée limitée”)

2. Subrule 1.04 (3) of the Regulation is revoked.

3. Rule 15.01 of the Regulation is amended by adding the following subrule:

(4) Subrule (3) permits a party to be represented by a lawyer acting under a limited scope retainer, but a limited scope retainer does not, in itself, make a lawyer the lawyer of record for the party.

4. Rule 15 of the Regulation is amended by adding the following rule:

INTERPRETATION

Party Acting in Person

15.01.1 (1) Where a party to a proceeding is not represented by a lawyer but acts in person, anything these rules require or permit a lawyer to do shall be done by the party.

Party Represented under Limited Scope Retainer

(2) A party who is represented by a lawyer acting under a limited scope retainer is considered for the purpose of these rules to be acting in person and without a lawyer, and, to that end,

(a) a reference in these rules to a party acting in person includes a reference to a party who is represented in this manner; and

(b) anything these rules require or permit a party to do shall be done by the party.

Exception, Lawyer of Record

(3) Subsection (2) does not apply if the lawyer acting under the limited scope retainer is the party’s lawyer of record.

5. Clause 17.02 (h) of the Regulation is revoked.

6. Clause 17.05 (3) (b) of the Regulation is amended by striking out “by Article 10 of the Convention” and substituting “by the Convention”.

7. Subrule 24.1.04 (1) of the Regulation is amended by adding the following paragraph:

3. Actions that are transferred to a county listed in paragraph 2 on or after January 1, 2014, unless the court orders otherwise.

8. (1) Subrule 24.1.09 (2.1) of the Regulation is revoked and the following substituted:

Transfer

(2.1) In the case of an action described in paragraph 3 of subrule 24.1.04 (1),

(a) subrules (1) and (6) do not apply; and

(b) the court may make an order, on motion or otherwise, specifying the date by which a mediation session must take place.

(2) Subrule 24.1.09 (3) of the Regulation is amended by adding “and clause (2.1) (b)” after “subrule (1)” in the portion before clause (a).

(3) Subrule 24.1.09 (6.1) of the Regulation is amended by adding “or clause (2.1) (b)” after “subrule (1)”.

(4) Rule 24.1.09 of the Regulation is amended by adding the following subrule:

(6.2) In the case of an action described in paragraph 3 of subrule 24.1.04 (1), if the court does not make an order under clause (2.1) (b) and the action is set down for trial without the mediation co-ordinator having received a notice under clause (5) (a), a mediator’s report or a notice that the action has been settled, he or she shall immediately assign a mediator from the list, unless the court orders otherwise.

9. (1) Clauses 53.09 (1) (a) and (b) of the Regulation are revoked and the following substituted:

(a) for the 15-year period that follows the start of the trial, the greater of,

(i) the average of the value for the last Wednesday in each month of the real rate of interest on long-term Government of Canada real return bonds (Series V121808, formerly Series B113911), as published in the Bank of Canada’s Weekly Financial Statistics for the period starting on March 1 and ending on August 31 in the year before the year in which the trial begins, less ½ per cent and rounded to the nearest 1/10 per cent, and

(ii) zero; and

(b) for any later period covered by the award, 2.5 per cent per year for each year in that period.

(2) Clause 53.09 (2) (b) of the Regulation is revoked and the following substituted:

(b) determine the rate to be assumed for future inflation in accordance with the following formula:

g rounded to the nearest 1/10 per cent where,



“i” is the average of the value for the last Wednesday in each month of the nominal rate of interest on long-term Government of Canada bonds (Series V121758, formerly Series B113867), as published in the Bank of Canada’s Weekly Financial Statistics for the period starting on March 1 and ending on August 31 in the year before the year in which the trial begins;

“d” is,

(a) for the 15-year period that follows the start of the trial, the greater of,

(i) the average of the value for the last Wednesday in each month of the real rate of interest on long-term Government of Canada real return bonds (Series V121808, formerly Series B113911), as published in the Bank of Canada’s Weekly Financial Statistics for the period starting on March 1 and ending on August 31 in the year before the year in which the trial begins, less ½ per cent, and

(ii) zero, and

(b) for any later period covered by the award, 2.5 per cent per year for each year in that period.

(3) Rule 53.09 of the Regulation is amended by adding the following subrule:

Transition

(3) This rule, as it read on December 31, 2013, continues to apply with respect to actions in which the trial commenced before January 1, 2014.

10. The French version of subrule 59.03 (1) of the Regulation is amended by striking out “sur laquelle une ordonnance a une incidence” and substituting “concernée par une ordonnance”.

11. Rule 59 of the Regulation is amended by adding the following rule:

LIMITED SCOPE RETAINER

59.08 (1) Despite subrule 15.01.1 (2), if an order arises from a hearing at which a lawyer who is not a party’s lawyer of record appeared under a limited scope retainer for the party, that lawyer shall act in the place of the party for the purposes of this Rule.

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

(a) the agreement governing the limited scope retainer provides otherwise; and

(b) the lawyer acting under the limited scope retainer provides written notice of the fact to the other parties and to the registrar.

O. Reg. 488/99

12. Section 4 of Ontario Regulation 488/99 is revoked.

Commencement

13. This Regulation comes into force on the later of January 1, 2014 and the day it is filed.

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