O. Reg. 521/22: RULES OF THE SMALL CLAIMS COURT
filed November 15, 2022 under Courts of Justice Act, R.S.O. 1990, c. C.43
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made under the
Courts of Justice Act
Made: October 5, 2022
Approved: November 10, 2022
Filed: November 15, 2022
Published on e-Laws: November 15, 2022
Printed in The Ontario Gazette: December 3, 2022
Amending O. Reg. 258/98
(RULES OF THE SMALL CLAIMS COURT)
1. The definition of “proof of service” in subrule 1.02 (1) of Ontario Regulation 258/98 is amended by striking out “8.06” at the end and substituting “8.09.1”.
2. Subrule 8.03 (3) of the Regulation is amended by striking out “Ministry of Government Services” wherever it appears and substituting in each case “Ministry of Public and Business Service Delivery”.
3. Rule 8.06 of the Regulation is revoked.
4. Subrule 8.09 (2) of the Regulation is revoked and the following substituted:
(2) If the court orders that proof of service of the notice is required, service of the notice may be proved in accordance with rule 8.09.1.
5. Rule 8 of the Regulation is amended by adding the following rule:
Proof of Service
8.09.1 (1) Except as otherwise provided by these rules or a court order, service of a document shall be proved in accordance with this rule.
Affidavit
(2) Service of a document may be proved by an affidavit of service (Form 8A) of the person who served it.
Certificate
(3) A lawyer or paralegal may prove service of a document by a certificate of service (Form 8B) if the lawyer or paralegal served the document or caused it to be served and is satisfied that service was effected.
6. Subrule 18.02 (6) of the Regulation is amended by striking out “by affidavit (Form 8A)” at the end and substituting “by an affidavit of service (Form 8A) or lawyer or paralegal’s certificate of service (Form 8B)”.
7. Subrule 18.03 (4) of the Regulation is amended by striking out “by affidavit (Form 8A)” at the end and substituting “by an affidavit of service (Form 8A) or lawyer or paralegal’s certificate of service (Form 8B)”.
8. Subrule 20.08 (6.3) of the Regulation is revoked.
9. Clause 20.11 (3) (b) of the Regulation is amended by striking out “the affidavit of service” and substituting “proof of service”.
10. (1) The rows for Forms 7A and 8A in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Form” and substituting “August 1, 2022”.
(2) The Table of Forms to the Regulation is amended by adding the following row:
|
8B |
Lawyer or Paralegal’s Certificate of Service |
August 1, 2022 |
(3) The rows for Forms 9A, 10A, 15A and 20H in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Form” and substituting “August 1, 2022”.
Commencement
11. This Regulation comes into force on the later of January 30, 2023 and the day this Regulation is filed.
Made by:
Pris par :
Civil Rules Committee:
Le Comité des règles en matière civile :
Shannon Chace
Executive Legal Officer / Avocate Directrice
Secretary of the Civil Rules Committee /
Secrétaire du Comité des règles en matière civile
Court of Appeal for Ontario
Date made: October 5, 2022
Pris le : 5 octobre 2022
I approve this Regulation.
J’approuve le présent règlement.
Le procureur général,
Doug Downey
Attorney General
Date approved: November 10, 2022
Approuvé le : 10 novembre 2022