O. Reg. 399/12: RULES OF CIVIL PROCEDURE

Link to law: http://www.ontario.ca/laws/regulation/r12399
Published: 2012-12-13

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ontario regulation 399/12

made under the

Courts of Justice Act

Made: December 3, 2012
Approved: December 12, 2012
Filed: December 13, 2012
Published on e-Laws: December 13, 2012
Printed in The Ontario Gazette: December 29, 2012


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

(RULES OF CIVIL PROCEDURE)

1. (1) Subrule 55.05 (1) of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by striking out “the Accountant of the Superior Court of Justice or local registrar” at the end and substituting “the Accountant of the Superior Court of Justice”.

(2) Subrule 55.05 (3) of the Regulation is amended by striking out “the Accountant or registrar, the Accountant or registrar” and substituting “the Accountant, the Accountant”.

(3) Subrule 55.05 (5) of the Regulation is amended by striking out “the Accountant or registrar” wherever it appears and substituting in each case “the Accountant”.

2. (1) Clause 55.06 (14) (b) of the Regulation is amended by striking out “the Accountant or registrar” and substituting “the Accountant”.

(2) Subrule 55.06 (15) of the Regulation is amended by striking out “the Accountant or registrar” at the end and substituting “the Accountant”.

3. Subrule 55.07 (1) of the Regulation is amended by striking out “the Accountant or registrar” at the end and substituting “the Accountant”.

4. The definition of “accountant” in rule 72.01 of the Regulation is revoked and the following substituted:

“Accountant” means the Accountant of the Superior Court of Justice; (“comptable”)

5. Rule 72.02 of the Regulation is revoked and the following substituted:

Payment into court

Filing with the Registrar or Accountant

72.02 (1) Subject to subrule (7), a person who seeks to pay money into court shall do so in accordance with subrules (2) to (6).

Documents to be Filed

(2) The person shall file with the Accountant or registrar, or, if the proceeding was commenced in Toronto, with the Accountant,

(a) a written request for payment into court that refers to any statutory provision or rule that authorizes the payment into court; and

(b) a copy of any order, report, offer to settle or acceptance of offer under which the money is payable.

Direction

(3) On receiving the documents filed under subrule (2), the Accountant or registrar shall give the person a direction to receive the money, addressed to a bank listed in Schedule I or II to the Bank Act (Canada) and specifying the account in the Accountant’s name into which the money is to be paid.

Registrar to Forward Documents

(4) If the documents were filed with the registrar, the registrar shall forward the documents to the Accountant.

Payment

(5) On receiving the direction referred to in subrule (3), the person shall pay the money into the specified bank account in accordance with the direction.

Bank’s Duties

(6) On receiving the money, the bank shall give a receipt to the person paying the money and immediately send a copy of the receipt to the Accountant.

Payment to the Accountant by Mail

(7) A person may pay money into court by mailing to the Accountant the documents referred to in subrule (2), together with the money that is payable.

Accountant to Provide Receipt

(8) On receiving money under subrule (7), the Accountant shall give a receipt to the person paying the money.

Notice of Payment Under Offer to Settle, Acceptance of Offer

(9) A person paying into court under an offer to settle or an acceptance of offer shall immediately serve a notice of payment into court (Form 72A) on every interested party, but the notice shall not be filed.

Receipt of Payment Under Other Authority

(10) A person paying into court other than under an offer to settle or an acceptance of offer shall immediately send a copy of the receipt received from the bank under subrule (6) or the receipt received from the Accountant under subrule (8), as the case may be, to each of the other parties.

Transfer to Accountant

(11) Money paid into court in a proceeding under the Repair and Storage Liens Act commenced outside Toronto before the day Ontario Regulation 399/12 comes into force that is not paid out one year after the day on which it was paid into court shall be transferred to the Accountant, unless the court orders otherwise.

6. (1) Subrule 72.03 (2) of the Regulation is amended by striking out “the accountant or registrar” in the portion before clause (a) and substituting “the Accountant”.

(2) Clause 72.03 (2) (a) of the Regulation is amended by striking out “a requisition” at the beginning and substituting “a written request”.

(3) Clause 72.03 (2) (b) of the Regulation is revoked and the following substituted:

(b) the original order or report or a notarized copy or copy certified by the court, unless any of them has already been filed with the Accountant; and

(4) Clause 72.03 (2) (c) of the Regulation is amended by striking out “the accountant or registrar” in the portion after subclause (ii) and substituting “the Accountant”.

(5) Subrule 72.03 (2) of the Regulation is amended by striking out “the accountant or registrar” in the portion after clause (c) and substituting “the Accountant”.

(6) Subrule 72.03 (3) of the Regulation is amended by striking out “one requisition” and substituting “one written request”.

(7) Subrule 72.03 (4) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(4) A party who seeks payment out of court, on consent, of money paid into court shall file with the Accountant,

. . . . .

(8) Clause 72.03 (4) (a) of the Regulation is amended by striking out “a requisition” at the beginning and substituting “a written request”.

(9) Subrule 72.03 (4) of the Regulation is amended by striking out “the accountant or registrar” in the portion after clause (c) and substituting “the Accountant”.

(10) Rule 72.03 of the Regulation is amended by adding the following subrule:

(4.1) Subrule (4) does not apply if the money was paid into court under an order that provides that a further order is required for the money to be paid out of court.

(11) Subrule 72.03 (6) of the Regulation is amended by striking out “the accountant or registrar” and substituting “the Accountant”.

(12) Subrule 72.03 (7) of the Regulation is amended by striking out “on filing with the accountant or registrar” in the portion before clause (a) and substituting “on filing with the Accountant, in the forms provided by the Accountant”.

(13) Clause 72.03 (7) (a) of the Regulation is amended by striking out “a requisition” at the beginning and substituting “a written request”.

(14) Subrule 72.03 (8) of the Regulation is amended by striking out “on filing with the accountant or registrar the material required by subrule (2) or (4) and the affidavit of the party” and substituting “on filing with the Accountant the material required by subrule (2) or (4) and, in addition, the affidavit of the party”.

(15) The English version of subrule 72.03 (9) of the Regulation is amended by striking out “the accountant” and substituting “the Accountant”.

(16) Rule 72.03 of the Regulation is amended by adding the following subrule:

Transition

(15) This rule, as it read immediately before the day Ontario Regulation 399/12 came into force, continues to apply to the payment out of court of money paid into court that is held by the registrar. 

7. (1) Subrules 72.04 (1) and (2) of the Regulation are revoked and the following substituted:

Discharge of a mortgage

(1) A person entitled to the discharge of a mortgage held by the Accountant may send to the Accountant the document required to discharge the mortgage, with a request that the Accountant execute the document.

(2) If the Accountant is satisfied that the money secured by the mortgage has been paid in full, the Accountant shall execute the discharge document.

(2) Subrule 72.04 (3) of the Regulation is amended by striking out “After executing the discharge, the accountant” at the beginning and substituting “After executing the discharge document, the Accountant”.

8. The English version of subrule 72.05 (1) of the Regulation is amended by striking out “the accountant” and substituting “the Accountant”.

Commencement

9. This Regulation comes into force on the later of January 1, 2013 and the day it is filed.

 

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