O. Reg. 82/17: RULES OF CIVIL PROCEDURE
filed March 27, 2017 under Courts of Justice Act, R.S.O. 1990, c. C.43
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made under the
Courts of Justice Act
Made: February 1, 2017
Approved: March 23, 2017
Filed: March 27, 2017
Published on e-Laws: March 27, 2017
Printed in The Ontario Gazette: April 15, 2017
Amending Reg. 194 of R.R.O. 1990
(RULES OF CIVIL PROCEDURE)
1. Rule 4.07 of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by adding the following subrule:
(1.1) Front covers of records for motions shall be,
(a) green, in the case of a responding party’s motion record;
(b) orange, in the case of a record for a motion under clause 134 (4) (b) of the Courts of Justice Act (motion to receive further evidence); and
(c) white, in any other case.
2. (1) Rule 12.06 of the Regulation is amended by adding the following subrule:
Motion in Writing
(1.1) The motion for leave to appeal shall be heard in writing, without the attendance of parties or lawyers.
(2) Subrule 12.06 (2) of the Regulation is amended by adding “with necessary modifications” at the end.
(3) Subrule 12.06 (4) of the Regulation is revoked and the following substituted:
Procedure
(4) Subrules 61.03.1 (2) to (19) apply, with the following and any other necessary modifications, to the motion for leave to appeal:
1. References in those subrules to the Court of Appeal shall be read as references to the Divisional Court.
2. For the purposes of subrule 61.03.1 (6), only one copy of each of the motion record, factum, any transcripts and any book of authorities is required to be filed.
3. For the purposes of subrule 61.03.1 (10), only one copy of each of the factum, any motion record and any book of authorities is required to be filed.
Subsequent Procedure if Leave Granted
(5) If leave is granted, the notice of appeal required by rule 61.04, together with the appellant’s certificate respecting evidence required by subrule 61.05 (1), shall be delivered within seven days after the granting of leave, and from then on Rule 61 applies to the appeal.
3. Rule 37.12.1 of the Regulation is amended by adding the following subrule:
(2.1) In the case of a motion on consent in the Court of Appeal, an affidavit or other document setting out the reasons why it is appropriate to make the order sought on the motion shall also be filed with the notice of motion.
4. The French version of clause 37.14 (6) (b) of the Regulation is amended by striking out “par un tribunal de juges, à ce tribunal ou à un autre tribunal de juges de cette cour” and substituting “par une formation de juges, à cette formation ou à une autre formation de juges du tribunal”.
5. (1) Clause 59.04 (9) (b) of the Regulation is revoked and the following substituted:
(b) obtain an appointment to have the order settled by the court, judge or officer that made it, in which case the party shall serve notice of the appointment (Form 59D) on all other parties who were represented at the hearing and file it, with proof of service, at least seven days before the appointment date.
(2) Subrule 59.04 (10) of the Regulation is amended by striking out “and notice of the appointment shall be served on all other parties who were represented at the hearing” at the end and substituting “and notice of the appointment (Form 59D) shall be served on all other parties who were represented at the hearing and filed, with proof of service, at least seven days before the appointment date”.
(3) Subrule 59.04 (12) of the Regulation is amended by striking out “and serve notice of the appointment on all other parties who were represented at the hearing” at the end and substituting “in which case the objecting party shall serve notice of the appointment (Form 59D) on all other parties who were represented at the hearing and file it, with proof of service, at least seven days before the appointment date”.
6. (1) Clause 61.03 (2) (b) of the Regulation is amended by adding “and the certificate referred to in subrule 61.16 (4.1)” after “relied on by the moving party”.
(2) Subrule 61.03 (3) of the Regulation is amended by adding “and the certificate referred to in subrule 61.16 (4.1)” after “relied on by the responding party” in the portion after clause (b).
7. (1) Subrule 61.03.1 (2) of the Regulation is revoked and the following substituted:
Notice of Motion
(2) The notice of motion for leave to appeal shall state that the motion will be heard on a date to be fixed by the Registrar.
(2) Subrule 61.03.1 (6) of the Regulation is amended by striking out “The moving party shall file three copies of the motion record, factum and transcripts, if any” at the beginning and substituting “The moving party shall file three printed copies of the motion record, factum and transcripts, if any, and an electronic version of the factum”.
(3) Subrule 61.03.1 (10) of the Regulation is amended by striking out “The responding party shall file three copies of the factum, and of the motion record, if any” at the beginning and substituting “The responding party shall file three printed copies of the factum, and of the motion record, if any, and an electronic version of the factum”.
(4) Subrules 61.03.1 (14) and (15) of the Regulation are revoked and the following substituted:
Date for Hearing
(14) The Registrar shall fix a date for the hearing of the motion, which shall not be before the earlier of the filing of the moving party’s reply factum, if any, and the expiry of the time for filing the moving party’s reply factum.
Oral Hearing
(15) If, on considering the written materials, the court determines that an oral hearing is warranted, the court shall, despite subrule (1), order an oral hearing to determine the motion, and the Registrar shall fix a date for it.
8. (1) Subrule 61.05 (1) of the Regulation is amended by striking out “shall serve with the notice of appeal” and substituting “shall serve and file, with proof of service, with the notice of appeal”.
(2) Subrule 61.05 (2) of the Regulation is amended by striking out “shall serve on the appellant a respondent’s certificate” and substituting “shall serve on the appellant, and file with proof of service, a respondent’s certificate”.
(3) Subrule 61.05 (3) of the Regulation is amended by adding “and file” after “to serve”.
9. (1) Subclause 61.09 (3) (a) (iv) of the Regulation is revoked and the following substituted:
(iv) an electronic version of the transcript of evidence, and
(2) Subclause 61.09 (3) (b) (iv) of the Regulation is revoked and the following substituted:
(iv) an electronic version of the transcript of evidence,
(3) Clause 61.09 (3) (c) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following:
(c) serve on every person served under clause (a), and file with the Registrar, a certificate of perfection,
. . . . .
10. (1) Clause 61.13 (1) (b) of the Regulation is amended by striking out “or by an order of the appellate court or a judge of that court” at the end.
(2) Subrule 61.13 (2.1) of the Regulation is amended by striking out “or by an order of the appellate court or a judge of that court”.
(3) Subrule 61.13 (3) of the Regulation is amended by striking out “the respondent” at the end and substituting “the parties”.
(4) Rule 61.13 of the Regulation is amended by adding the following subrule:
Registrar to Dismiss where Time Prescribed by Court
(3.1) Where an appellant has not perfected the appeal within the time prescribed by an order of the appellate court or a judge of that court, the Registrar shall make an order in (Form 61I) dismissing the appeal for delay, with costs fixed at $750, despite rule 58.13 and shall serve the order on the parties.
11. (1) Subrule 61.14 (3) of the Regulation is amended by striking out “unless a judge of the appellate court orders otherwise” at the end and substituting “subject to subrule (4)”.
(2) Rule 61.14 of the Regulation is amended by adding the following subrule:
No Costs
(4) The abandonment or deemed abandonment of the appeal or cross-appeal shall be without costs if the respondent or appellant, as the case may be, did not file a response to the appeal or cross-appeal, unless a judge of the appellate court orders otherwise.
12. (1) Rule 61.16 of the Regulation is amended by adding the following subrule:
(1.1) Despite subrule (1), rule 37.10.1 (confirmation of motion) does not apply in the case of a motion in the Court of Appeal.
(2) Rule 61.16 of the Regulation is amended by adding the following subrule:
Certificate of Estimated Time for Argument with Factum
(4.1) If a party serves and files a factum on a motion in the Divisional Court, the factum shall contain a certificate stating how much time (expressed in hours or fractions of an hour) the party’s lawyer estimates will be required for his or her oral argument, not including reply, unless the motion is to be heard in writing.
(3) Subrule 61.16 (6) of the Regulation is amended by striking out “served within four days” and substituting “served and filed, with proof of service, within four days”.
13. The heading to Rule 62 of the Regulation is amended by striking out “to a judge” at the end.
14. (1) Subrules 62.02 (1) and (1.1) of the Regulation are revoked and the following substituted:
Motion for Leave to Appeal
Leave to Appeal from Interlocutory Order of a Judge
(1) Leave to appeal to the Divisional Court under clause 19 (1) (b) of the Courts of Justice Act shall be obtained from a panel of that court in accordance with this rule.
(2) Clause 62.02 (4) (a) of the Regulation is amended by striking out “the judge hearing the motion” and substituting “the panel hearing the motion”.
(3) Clause 62.02 (4) (b) of the Regulation is revoked and the following substituted:
(b) there appears to the panel hearing the motion good reason to doubt the correctness of the order in question and the proposed appeal involves matters of such importance that, in the panel’s opinion, leave to appeal should be granted.
(4) Subrule 62.02 (5) of the Regulation is revoked and the following substituted:
Procedures
(5) Subrules 61.03.1 (4) to (19) (motion for leave to appeal to Court of Appeal) apply, with necessary modifications, to the motion for leave to appeal and, for the purpose, a reference in those subrules to the Court of Appeal shall be read as a reference to the Divisional Court.
(5) Subrule 62.02 (7) of the Regulation is revoked.
15. (1) Subrule 68.04 (3) of the Regulation is amended by adding the following clause:
(d.1) a certificate stating how much time (expressed in hours or fractions of an hour) the lawyer estimates will be required for his or her oral argument, not including reply;
(2) Subrule 68.04 (6) of the Regulation is amended by adding the following clause:
(d.1) a certificate stating how much time (expressed in hours or fractions of an hour) the lawyer estimates will be required for his or her oral argument, not including reply;
16. The French version of the following provisions of the Regulation is amended by striking out “un tribunal de juges” wherever it appears and substituting in each case “une formation de juges”:
1. Subrules 13.03 (1) and (2).
2. Subrule 61.16 (2.2).
17. The French version of the following provisions of the Regulation is amended by striking out “d’un tribunal de juges” wherever it appears and substituting in each case “d’une formation de juges”:
1. Subrule 37.14 (6) in the portion before clause (a).
2. Subrule 61.16 (6.1).
18. The French version of the following provisions of the Regulation is amended by striking out “au tribunal de juges” wherever it appears and substituting in each case “à la formation de juges”:
1. Clauses 61.03 (7) (b) and (8) (b).
2. Clauses 61.03.1 (17) (b) and (18) (b).
3. Subrule 61.16 (2).
19. The French version of the following provisions of the Regulation is amended by striking out “le tribunal de juges” wherever it appears and substituting in each case “la formation de juges”:
1. Clauses 61.03 (7) (c) and (8) (c).
2. Clauses 61.03.1 (17) (c) and (18) (c).
3. Subrule 61.16 (2.1).
20. (1) The Table of Forms to the Regulation is amended by adding the following:
|
59D |
Notice of Appointment to Settle Order |
November 1, 2016 |
(2) The row for Form 61I in the Table of Forms to the Regulation is amended by striking out “July 30, 2009” in the column titled “Date of Form” and substituting “November 1, 2016”.
Commencement
21. This Regulation comes into force on the later of July 1, 2017 and the day it is filed.
Made by:
Pris par :
Civil Rules Committee:
Le Comité des règles en matière civile :
Alison Warner
Senior Legal Officer and Secretary to the Civil Rules Committee /
avocate principale et sécretaire du comité des règles en matière civile
Date made:February 1, 2017
Pris le : 1 février 2017
I approve this Regulation.
J’approuve le présent règlement.
Le procureur général,
Yasir Naqvi
Attorney General
Date approved: March 23, 2017
Approuvé le : 23 mars 2017