O. Reg. 230/13: RULES OF THE SMALL CLAIMS COURT

Link to law: http://www.ontario.ca/laws/regulation/r13230
Published: 2013-07-31

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Français

ONTARIO REGULATION 230/13

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 O. Reg. 258/98

(RULES OF THE SMALL CLAIMS COURT)

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

“paralegal” means a person licensed under the Law Society Act to provide legal services in Ontario; (“parajuriste”)

“representative” means the lawyer, paralegal or other person representing a person in a proceeding under these rules; (“représentant”)

(2) The definition of “self-represented” in subrule 1.02 (1) of the Regulation is amended by striking out “a lawyer, student-at-law or agent” at the end and substituting “a representative”.

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

Representation

1.08 For greater certainty, nothing in these rules permits or authorizes the court to permit a person to act as a representative if that person is not authorized to do so under the Law Society Act.

3. Clause 4.01 (3) (f) of the Regulation is amended by striking out “a lawyer or agent” and substituting “a representative”.

4. Clause 4.02 (2) (e) of the Regulation is amended by striking out “a lawyer or agent” and substituting “a representative”.

5. Subrule 4.08 (4) of the Regulation is amended by striking out “the person representing that party in the proceeding” at the end and substituting “the moving party’s representative”.

6. Subparagraph 1 iv of subrule 7.01 (2) of the Regulation is amended by striking out “the lawyer or agent” and substituting “the representative”.

7. Subrule 8.01 (7) of the Regulation is amended by striking out “the party’s lawyer or agent” and substituting “the party’s representative”.

8. Subclause 8.02 (c) (i) of the Regulation is amended by striking out “an agent of the corporation” and substituting “another person authorized to act on behalf of the corporation”.

9. Subrules 8.03 (5) and (6) of the Regulation are revoked and the following substituted:

Acceptance of Service by Lawyer or Paralegal

(5) Service on a party who is represented by a lawyer or paralegal may be made by leaving a copy of the document with the lawyer or paralegal, or with an employee in the lawyer’s or paralegal’s office, but service under this subrule is effective only if the lawyer, paralegal or employee endorses on the document or a copy of it an acceptance of service and the date of the acceptance.

(6) By accepting service, the lawyer or paralegal is deemed to represent to the court that he or she has the client’s authority to accept service.

10. Subrule 8.07 (1) of the Regulation is amended by striking out “the person’s lawyer or agent” in the portion before clause (a) and substituting “the person’s representative”.

11. Subrule 8.07.1 (1) of the Regulation is amended by striking out “the person’s lawyer or agent” and substituting “the person’s representative”.

12. Subparagraph 1 iii of subrule 9.02 (1) of the Regulation is amended by striking out “a lawyer or agent” and substituting “a representative”.

13. Subparagraph 1 v of subrule 10.01 (4) of the Regulation is amended by striking out “a lawyer or agent” and substituting “a representative”.

14. Subrule 13.02 (1) of the Regulation is amended by striking out “the party’s lawyer or agent” in the portion before clause (a) and substituting “the party’s representative”.

15. Rule 19.04 of the Regulation is amended by striking out “agent” and substituting “paralegal”.

16. Subrule 20.05 (1) of the Regulation is amended by striking out “the person’s agent” and substituting “someone acting on that person’s authority”.

17. (1) Subrule 20.06 (1.3) of the Regulation is amended by striking out “the creditor’s lawyer or agent” and substituting “the creditor’s representative”.

(2) Subrule 20.06 (5) of the Regulation is amended by striking out “the debtor’s agent” and substituting “someone acting on the debtor’s authority”.

(3) Subclause 20.06 (6) (a) (i) of the Regulation is amended by striking out “the creditor’s lawyer or agent” and substituting “the creditor’s representative”.

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

4A

Consent to Act as Litigation Guardian

June 1, 2009


. . . . .

8A

Affidavit of Service

September 1, 2010


and substituting the following:

4A

Consent to Act as Litigation Guardian

June 1, 2013


. . . . .

8A

Affidavit of Service

June 1, 2013


Commencement

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

Français