O. Reg. 584/17: RULES OF CIVIL PROCEDURE
filed December 22, 2017 under Courts of Justice Act, R.S.O. 1990, c. C.43
Skip to contentontario regulation 584/17
made under the
Courts of Justice Act
Made: November 29, 2017
Approved: December 20, 2017
Filed: December 22, 2017
Published on e-Laws: December 22, 2017
Printed in The Ontario Gazette: January 6, 2018
Amending Reg. 194 of R.R.O. 1990
(RULES OF CIVIL PROCEDURE)
1. Rule 4.02.1 of Regulation 194 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:
Bilingual Documents
4.02.1 A pleading or any other document written in French that may be filed under section 126 of the Courts of Justice Act may also include a version of all or part of the text written in English.
2. (1) Subrule 4.05 (4.2) of the Regulation is revoked and the following substituted:
Confirmation of Filing
(4.2) The electronic filing of a document in accordance with this rule shall be confirmed by way of a notice of accepted filing given through the authorized software.
(2) Subrules 4.05 (9), (10) and (11) of the Regulation are revoked and the following substituted:
Requirement to Keep Original
(10) A person who electronically files a document that was originally signed, certified or commissioned in paper format shall,
(a) retain the original document in paper format until the thirtieth day after the expiry of the period for an appeal in the proceeding; and
(b) make the original document in paper format available for inspection and copying no later than five days after a request of the court or of any party to the proceeding to do so.
3. (1) Rule 4 of the Regulation is amended by adding the following rule:
Civil Claims Online Portal
4.05.1 (1) In this rule,
“Civil Claims Online Portal” means the software authorized by the Ministry of the Attorney General for the purposes of this rule and that is available on the internet under the name “Civil Claims Online Portal” in English and “Portail en ligne pour les actions civiles” in French.
Documents That May be Filed Through Portal
(2) Subject to subrule (3), the following documents may be filed electronically through the Civil Claims Online Portal:
1. A statement of claim in Form 14A or 14B.
2. A notice of action (Form 14C).
3. An affidavit for the purposes of subrule 7.02 (2).
4. A requisition or written statement under clause 5 (1) (a) of Ontario Regulation 53/01 (Bilingual Proceedings) made under the Courts of Justice Act.
5. A consent filed for the purposes of paragraph 7 of subsection 126 (2) of the Courts of Justice Act.
Agreement
(3) Subrule (2) does not apply unless the party filing the document through the Civil Claims Online Portal agrees to its terms of use, including providing an e-mail address at which he or she agrees to accept documents from the court electronically.
Electronic Filing of Originating Process
(4) If a statement of claim in Form 14A or 14B or a notice of action (Form 14C) is filed electronically through the Civil Claims Online Portal,
(a) Form 14F (Information for court use) is not required to be filed, despite subrule 14.03 (4.1); and
(b) subrule 14.07 (2) does not apply if the statement of claim or notice of action is issued electronically under subrule (7) of this rule, provided that the statement of claim or notice of action does not need to be reissued in paper format as a result of a technical error in the issued document arising from the electronic filing process.
Inconsistencies
(5) In the event of an inconsistency between information provided in a document filed electronically by a person through the Civil Claims Online Portal and information provided by the person through the Civil Claims Online Portal that is not in the electronically filed document,
(a) the information in the electronically filed document prevails, except with respect to the county specified by the person for the purposes of Rule 13.1 where the information provided through the Civil Claims Online Portal prevails; and
(b) the registrar may request from the person written clarification, in the manner specified by the registrar, respecting the inconsistency, and the person shall promptly provide it.
When Paper Copy to be Given to Registrar
(6) A statement of claim or notice of action that has been filed electronically through the Civil Claims Online Portal shall be given to the registrar by the plaintiff in paper format,
(a) on the filing by the plaintiff of any other document in the action in paper format, other than a document filed under subrule 19.01 (1) or (2); or
(b) on the request of the registrar.
Documents That May be Issued Through Portal
(7) The following documents may be issued electronically through the Civil Claims Online Portal:
1. A statement of claim in Form 14A or 14B.
2. A notice of action (Form 14C).
(2) Paragraph 1 of subrule 4.05.1 (2) of the Regulation, as made by subsection (1), is amended by striking out “in Form 14A or 14B” at the end and substituting “(Form 14A, 14B or 14D)”.
(3) Subrule 4.05.1 (2) of the Regulation, as made by subsection (1), is amended by adding the following paragraphs:
2.1 A statement of defence (Form 18A).
2.2 A notice of intend to defend (Form 18B).
. . . . .
6. Any consent or court order required to be filed together with a document referred to in this subrule.
7. Proof of service under rule 16.09 or in Form 17A, 17B or 17C of a document that is filed electronically under this subrule.
(4) Subrule 4.05.1 (6) of the Regulation, as made by subsection (1), is revoked and the following substituted:
Requirement to Include Paper Copy
(6) A party who electronically files a document through the Civil Claims Online Portal and intends to rely on the document in a hearing or conference shall include the document in paper format together with any documents required to be filed by the party for the purposes of the hearing or conference.
4. Subrule 7.02 (3) of the Regulation is revoked.
5. Subrule 14.03 (4.1) of the Regulation is amended by striking out “subject to subrule 14.04 (3)” at the end.
6. Rule 14.04 of the Regulation is revoked.
7. Subrule 14.07 (3) of the Regulation is revoked.
8. Clauses 74.04 (1) (c), (d) and (e) of the Regulation are revoked and the following substituted:
(c) if the will or a codicil is not in holograph form,
(i) an affidavit of execution (Form 74.8) of the will and of every codicil or, if the will or a codicil contains an alteration, erasure, obliteration or interlineation that has not been attested, an affidavit as to the condition of the will or codicil at the time of execution (Form 74.10), or
(ii) if each of the witnesses to the will or the codicil has died or cannot be found, such other evidence of due execution as the court may require;
(d) if the will or a codicil is in holograph form, an affidavit attesting that the handwriting and signature in the will or codicil are those of the deceased (Form 74.9);
9. The row for Form 74.10 in the Table of Forms to the Regulation is amended by striking out the date in the column titled “Date of Form” and substituting “October 24, 2017”.
Commencement
10. (1) Subject to subsection (2), this Regulation comes into force on the later of January 1, 2018 and the day it is filed.
(2) Subsections 3 (2) to (4) come into force on May 28, 2018.
Made by:
Pris par :
Civil Rules Committee:
Le Comité des règles en matière civile :
falguni debnath
Senior Legal Officer / Avocate Principale
Secretary / Secrétaire
Date made:November 29, 2017
Pris le : 29 novembre 2017
I approve this Regulation.
J’approuve le présent règlement.
Le procureur général,
Yasir Naqvi
Attorney General
Date approved: December 20, 2017
Approuvé le : 20 décembre 2017