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O. Reg. 330/02: RULES OF THE SMALL CLAIMS COURT

filed December 6, 2002 under Courts of Justice Act, R.S.O. 1990, c. C.43

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ontario regulation 330/02

made under the

courts of justice act

Made: September 5, 2002
Approved: November 6, 2002
Filed: December 6, 2002
Printed in The Ontario Gazette: December 21, 2002

Amending O. Reg. 258/98

(Rules of the Small Claims Court)

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

Non-Application

(2) The definition of “information technology” in subrule (1) does not apply on and after January 1, 2004.

(2) Subsection 1 (2) of Ontario Regulation 461/01 is revoked.

2. (1) Subrules 1.06 (1), (2) and (3) of the Regulation are revoked and the following substituted:

Pilot Project — Use of Electronic Documents

(1) Where an action has been commenced in a court office named in the Schedule to this subrule, on or after the date shown in the Schedule opposite the name of the court office, a lawyer or another person who has filed a requisition (Form 1B) with the clerk may, subject to subrule (5), use electronic documents for issuing and filing in that action during the pilot project period at that court office.

Schedule

 

Barrie Small Claims Court

114 Worsley Street

Barrie, ON M4M 1M1

 

 

December 6, 2002

 

Brampton Small Claims Court

7755 Hurontario Street

Brampton, ON L6V 2M7

 

 

December 6, 2002

 

Cochrane Small Claims Court

149 Fourth Avenue

Cochrane, ON  P0L 1C0

 

 

December 6, 2002

 

 

Hamilton Small Claims Court

45 Main Street East

Hamilton, ON  L8N 2B7

 

 

December 6, 2002

 

 

Kitchener Small Claims Court

20 Weber Street

Kitchener, ON N2H 1C3

 

 

December 6, 2002

 

Ottawa Small Claims Court

161 Elgin Street

Ottawa, ON  K2P 2K1

 

 

December 6, 2002

 

Sault Ste. Marie Small Claims Court

426 Queen Street East

Sault Ste. Marie, ON  P6A 1Z7

 

 

December 6, 2002

 

Toronto Small Claims Court

47 Sheppard Avenue East

Willowdale, ON  M2N 5N1

 

 

December 10, 2001

 

Whitby Small Claims Court

605 Rossland Road

Whitby, ON  L1N 9G7

 

 

December 6, 2002

 

(2) The pilot project period at a court office, for the purpose of subrule (1), is the period that begins on the date shown opposite the name of the court office in the Schedule to subrule (1) and ends on January 1, 2004.

Test Period

(3) The test period at a court office, for the purposes of subrules (4) and (5), is the period that begins on the date shown opposite the name of the court office in the Schedule to subrule (1) and ends three months later.

(2) Subrule 1.06 (19) is revoked and the following substituted:

Revocation

(19) This rule is revoked on January 1, 2004.

3. (1) Rule 5.04 of the Regulation is amended by adding the following subrule:

Non-Application

(1.1.1) Subrule (1.1) does not apply on and after January 1, 2004.

(2) Subsection 4 (2) of Ontario Regulation 461/01 is revoked.

4. (1) Rule 8.01 of the Regulation is amended by adding the following subrule:

Non-Application

(4.1.1) Subrules (3.1) and (4.1) do not apply on and after January 1, 2004.

(2) Subsection 7 (4) of Ontario Regulation 461/01 is revoked.

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

Non-Application

(12) Subrule (11) does not apply on and after January 1, 2004.

5. (1) Rule 8.06 of the Regulation is amended by adding the following subrule:

Non-Application

(1.1) Paragraph 1.1 of subrule (1) does not apply on and after January 1, 2004.

(2) Subsection 8 (2) of Ontario Regulation 461/01 is revoked.

(3) Rule 8.06 of the Regulation is amended by adding the following subrule:

Non-Application

(4) Subrules (2) and (3) do not apply on and after January 1, 2004.

(4) Subsection 8 (4) of Ontario Regulation 461/01 is revoked.

6. (1) Rule 8.09 of the Regulation is amended by adding the following subrule:

Non-Application

(5) Subrules (1) to (4) do not apply on and after January 1, 2004.

(2) Subsection 9 (2) of Ontario Regulation 461/01 is revoked.

7. (1) Rule 9.01 of the Regulation is amended by adding the following subrule:

Non-Application

(3) The reference to subrule 8.01 (3.1) in subrule (2) of this rule does not apply on and after January 1, 2004.

(2) Subsection 10 (3) of Ontario Regulation 461/01 is revoked.

8. (1) Subrule 9.03 (4.1) of the Regulation is revoked and the following substituted:

Manner of Service

(4.1) The notice of hearing shall be served by mail or fax.

(4.2) Alternatively, the notice of hearing may be served by e‑mail in accordance with rule 8.09 if the person on whom it is served is entitled to use electronic documents in the proceeding under rule 1.06.

Non-Application

(4.3) Subrule (4.2) does not apply on and after January 1, 2004.

(2) Subsection 12 (2) of Ontario Regulation 461/01 is revoked.

(3) Rule 9.03 of the Regulation is amended by adding the following subrule:

Non-Application

(6.1) The reference to subrule 8.01 (4.1) in subrule (6) of this rule does not apply on and after January 1, 2004.

(4) Subsection 12 (4) of Ontario Regulation 461/01 is revoked.

9. (1) Rule 10.01 of the Regulation is amended by adding the following subrule:

Non-Application

(8) Subrule (7) does not apply on and after January 1, 2004.

(2) Subsection 13 (5) of Ontario Regulation 461/01 is revoked.

10. (1) Rule 10.03 of the Regulation is amended by adding the following subrule:

Non-Application

(3) The reference to subrule 8.01 (3.1) in subrule (2) of this rule does not apply on and after January 1, 2004.

(2) Subsection 14 (3) of Ontario Regulation 461/01 is revoked.

11. (1) Subrule 16.01 (1.1) of the Regulation is revoked and the following substituted:

Manner of Service

(1.1) The notice of trial shall be served by mail or fax.

(1.2) Alternatively, the notice of trial may be served by e-mail in accordance with rule 8.09 if the person on whom it is served is entitled to use electronic documents in the proceeding under rule 1.06.

Non-Application

(1.3) Subrule (1.2) does not apply on and after January 1, 2004.

(2) Subsection 17 (2) of Ontario Regulation 461/01 is revoked.

12. (1) Subrule 20.09 (11.1) of the Regulation is revoked and the following substituted:

Manner of Sending Notice

(11.1) The notice that the consolidation order is terminated shall be served by mail or fax.

(11.2) Alternatively, the notice that the consolidation order is terminated may be served by e-mail in accordance with rule 8.09 if the person on whom it is served is entitled to use electronic documents in the proceeding under rule 1.06.

Non-Application

(11.3) Subrule (11.2) does not apply on and after January 1, 2004.

(2) Subsection 19 (3) of Ontario Regulation 461/01 is revoked.

13. (1) Clause 20.10 (10) (a) of the Regulation is revoked and the following substituted:

(a) sent to the creditor by mail or fax;

(a.1) alternatively, sent to the creditor by e-mail in accordance with rule 8.09 if the person on whom it is served is entitled to use electronic documents in the proceeding under rule 1.06; and

(2) Rule 20.10 of the Regulation is amended by adding the following subrule:

Non-Application

(10.1) Clause (10) (a.1) does not apply on and after January 1, 2004.

(3) Subsection 20 (3) of Ontario Regulation 461/01 is revoked.

14. (1) Form 1B of the Regulation is amended by adding the following at the end:

NOTE:  This form is not intended to be used on and after January 1, 2004.

(2) Form 1C of the Regulation is amended by adding the following at the end:

NOTE:  This form is not intended to be used on and after January 1, 2004.

(3) Subsection 22 (2) of Ontario Regulation 461/01 is revoked.

15. (1) Form 8C of the Regulation is amended by adding the following at the end:

NOTE:  This form is not intended to be used on and after January 1, 2004.

(2) Subsection 23 (2) of Ontario Regulation 461/01 is revoked.

51/02

 

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