R.R.O. 1990, Reg. 889: RULES OF PROCEDURE"

R.R.O. 1990, Reg. 889: RULES OF PROCEDURE, Ontario Municipal Board Act, R.S.O. 1990, c. O.28

Ontario Municipal Board Act
Loi sur la Commission des affaires municipales de l’Ontario

REGULATION 889

Amended to O. Reg. 30/02

RULES OF PROCEDURE

Note: This Regulation was revoked on January 29, 2002. See: O. Reg. 30/02, s. 3.

This Regulation is made in English only.

1. The Rules for the Ontario Municipal Board in relation to the practice and procedure of the Board are those set out in the Schedule. R.R.O. 1990, Reg. 889, s. 1.

SCHEDULE

RULES OF PROCEDURE
TABLE OF CONTENTS


PART I GENERAL MATTERS
RULE 1	CITATION, APPLICATION, DEFINITIONS, INTERPRETATION AND FORMS
1.01 1.02 1.03 1.04 1.05	Citation Application of Part 1 Definitions Interpretation Forms
RULE 2	NON-COMPLIANCE WITH THE RULES
2.01 2.02	Effect of Non-compliance Board May Dispense with Compliance
RULE 3	TECHNICAL OBJECTIONS
3.01	Technical Objections
RULE 4	TIME
4.01 4.02 4.03	Computation Extension or Abridgement Applications and Motions in the Absence of Opposite Party
RULE 5	BOARD DOCUMENTS
5.01	Copies of Board Documents
RULE 6	NOTICES
6.01 6.02 6.03	Notice to be in Writing Notice to be Given By Party Affidavit Proving Notice
RULE 7	CONSOLIDATION OR HEARING TOGETHER
7.01 7.02	Where Order May Be Made Discretion of Presiding Members
RULE 8	COMMENCEMENT OF APPLICATIONS
8.01 8.02 8.03 8.04	Method of Application Use of Submission Forms Submission Forms Available from Secretary Effect of Failure to File Submission Form or Pay Fee
RULE 9	AMENDMENT OF DOCUMENTS
9.01 9.02	No Amendment Without Board Direction Motion for Board Direction
RULE 10	DISCOVERY
10.01 10.02 10.03	Applicability of Rules of Civil Procedure Board Order for Discovery Content of Affidavit
RULE 11	MOTIONS
11.01 11.02 11.03 11.04 11.05 11.06 11.07 11.08	Notice of Motion Hearing Date Content of Notice of Motion Service of Notice of Motion Notice of Responding Party Content of Notice of Responding Party Service of Notice of Responding Party Oral Representations at Hearing of Motion
RULE 12	CONDUCT OF HEARINGS
12.01 12.02 12.03 12.04 12.05	Hearing to be Public Motion for Directions Procedure at a Hearing Media Coverage of Hearings Pre-hearing Conference
RULE 13	COMPELLING ATTENDANCE OF WITNESSES
13.01 13.02 13.03 13.04	By Summons to Witness Summons Available in Blank Service and Attendance Money Lack of Seal
RULE 14	LANGUAGE OF HEARINGS
14.01 14.02	Use of English and French Where French is Used
RULE 15	ORDERS
15.01 15.02	Preparation and Entry of Order Effective Date
RULE 16	PROCEDURE UNDER SECTION 43 OF THE ONTARIO MUNICIPAL BOARD ACT
16.01 16.02 16.03	Commencement of Application Requirement of Affidavit Where Board Satisfied Application Should Proceed
PART II ASSESSMENT APPEALS
RULE 17	APPLICATION
17.01	Application of Part II
RULE 18	NOTICE OF HIGHER ASSESSMENT
18.01 18.02 18.03 18.04	Special Notice Content of Special Notice Service of Special Notice Failure to Comply
PART III EXPROPRIATIONS
RULE 19	APPLICATION AND DEFINITIONS
19.01 19.02	Application of Part III Definitions
RULE 20	NOTICE OF ARBITRATION BY CLAIMANT AND REPLY
20.01 20.02	Service of Notice of Arbitration by Claimant Service of Reply
RULE 21	NOTICE OF ARBITRATION BY RESPONDENT, STATEMENT OF CLAIM AND REPLY
21.01 21.02 21.03	Service of Notice of Arbitration by Respondent Service of Statement of Claim Service of Reply
RULE 22	DENIAL OF ENTITLEMENT TO COMPENSATION
22.01 22.02	Denial to be Raised in Reply Effect of Failure to Make Timely Denial
RULE 23	OFFER OF COMPENSATION AND ACCEPTANCE
23.01	Forms
RULE 24	SERVICE OF DOCUMENTS
24.01	Required as General Rule
RULE 25	PLEADINGS
25.01	Required Pleadings
RULE 26	EXAMINATION
26.01	Examination of Representative by Opposing Party
RULE 27	DISCOVERY AND ADMISSIONS
27.01	Applicability of Rules of Civil Procedure
RULE 28	PRE-HEARING PROCEDURE
28.01 28.02 28.03 28.04 28.05	Notice of Readiness Time For Hearing Notice of Appointment Service of Notice Filing of Documents
RULE 29	EXPROPRIATION ORDER
29.01	Expropriation Order Form
PART IV RETAIL BUSINESS HOLIDAYS APPEALS
RULE 30	APPLICATION
RULE 31	FORWARDING OF RECORD TO BOARD
APPENDIX OF FORMS

SCHEDULE

RULES OF PROCEDURE

PART I
GENERAL MATTERS

RULE 1 CITATION, APPLICATION, DEFINITIONS, INTERPRETATION AND FORMS

Citation

1.01These rules may be cited as the Rules of the Ontario Municipal Board.

Application of Part I

1.02This Part applies to all proceedings before the Ontario Municipal Board.

Definitions

1.03In these Rules, unless the context requires otherwise,

“applicant” means a person who makes an application and includes a person requesting a matter be referred to the Board for determination;

“application” means a proceeding whereby the Board is requested to determine or report upon any matter but does not include a motion;

“document” includes a sound recording, videotape, film, photograph, chart, graph, map, plan survey, model, book of account and information recorded or stored by means of any device;

“hearing” includes a hearing of a motion, a prehearing conference and an informal hearing;

“holiday” means,

(a) any Saturday or Sunday,

(b) New Year’s Day,

(d) Easter Monday,

(e) Victoria Day,

(f) Canada Day,

(g) Civic Holiday,

(h) Labour Day,

(i) Thanksgiving Day,

(j) Remembrance Day,

(k) Christmas Day,

(l) Boxing Day, and

(m) any special holiday proclaimed by the Governor General or the Lieutenant Governor,

and where New Year’s Day, Canada Day or Remembrance Day falls on a Saturday or Sunday, the following Monday is a holiday, and where Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday are holidays, and where Christmas Day falls on a Friday, the following Monday is a holiday;

“motion” means a request for relief made in a proceeding or in an antenaea proceeding;

“moving party” means a person who makes a motion;

“party” includes a person who is given status by the Board to be a party;

“person” does not include an unincorporated association of persons except as provided in subsection 1 (2) of the Statutory Powers Procedure Act;

“proceeding” means an application;

“responding party” means a person who is served with a notice of motion;

“submission form” means a form, other than a form prescribed in the Appendix of Forms to these Rules, provided by the Board.

Interpretation

General Principle

1.04(1)These Rules shall be liberally construed to secure the just, most expeditious and least expensive determination of every matter before the Board.

Matters Not Provided for in these Rules

(2)Where any matter of procedure is not provided for by these Rules, the Rules of Civil Procedure may be followed where the Board determines they are appropriate.

Forms

1.05(1)Unless specifically required by these Rules, the forms prescribed in the Appendix of Forms to these Rules are optional and may be used, as applicable, with such variations as the circumstances require.

Submission Forms

(2)Submission forms shall be used where required by these Rules.

Where No Form Prescribed or Required

(3)Where a form, other than a submission form, is not prescribed by these Rules, the forms prescribed by the Rules of Civil Procedure may be used, with such variations as the circumstances require.

RULE 2 NON-COMPLIANCE WITH THE RULES

Effect of Non-compliance

2.01A failure to comply with these Rules is an irregularity and does not render a proceeding or a step, document or order in a proceeding a nullity, and the Board may grant all necessary amendments or other relief, including the setting aside of a proceeding or a step, document or order in the proceeding, on such terms as the Board may determine.

Board May Dispense with Compliance

2.02The Board may, in order to secure a just determination of any matter, dispense with compliance with any Rule at any time.

RULE 3 TECHNICAL OBJECTIONS

Technical Objections

3.01No proceeding before the Board shall be defeated or affected solely by any technical objection or by any objection based upon defects in form.

RULE 4 TIME

Computation

4.01(1)In the computation of time under these Rules or in an order, except where a contrary intention appears,

(a) where there is a reference to a number of days between two events, they shall be counted by excluding the day on which the first event happens and including the day on which the second event happens, even if they are described as clear days or the words “at least” are used;

(b) where a period of less than seven days is prescribed, holidays shall not be counted;

(c) where the time for doing an act under these Rules expires on a holiday, the act may be done on the next day that is not a holiday; and

(d) service of a document, other than an application, made after 4.00 p.m. or at any time on a holiday shall be deemed to have been made on the next day that is not a holiday.

(2)Where a time of day is mentioned in these Rules or in any document in a proceeding, the time referred to shall be taken as the time observed locally.

Extension or Abridgement

General Powers of Board

4.02(1)The Board may extend or abridge any time prescribed by these Rules, on such terms as the Board may determine.

Notice to Extend Time

(2)A motion for an order extending time may be made before or after the expiration of the time prescribed.

Consent in Writing

(3)A time prescribed by these Rules for serving a document may be extended or abridged by the consent in writing of those to be served.

Applications and Motions in the Absence of Opposite Party

In Absence of Opposite Party

4.03No hearing, for which notice has been given, shall proceed before the Board in the absence of an opposite party until at least thirty minutes after the time fixed for its commencement.

RULE 5 BOARD DOCUMENTS

Copies of Board Documents

5.01(1)A person may examine any document filed with the Board and, upon payment of the Board’s fee, take copies of such document unless an Act, an order of the court or an order of the Board provides otherwise.

(2)The Board may order that any document filed with an application or at a hearing be treated as confidential, be sealed and not form part of the public record.

RULE 6 NOTICES

Notice to be in Writing

6.01Where these Rules or an order of the Board requires notice be given, it shall be given in writing.

Notice to be Given By Party

6.02The Board may direct a party to give notice of a hearing to any person or class of persons who may have an interest in the matter and may direct the manner of giving such notice.

Affidavit Proving Notice

6.03Where the Board has directed that an affidavit proving the giving of notice be filed at the commencement of the hearing, Form 1 may be used.

RULE 7 CONSOLIDATION OR HEARING TOGETHER

Where Order May Be Made

7.01Where the Board considers that two or more matters are related to each other by common facts, issues, questions of law or for any other reason, the Board may,

(a) order the matters be consolidated, heard at the same time or heard one immediately after the other; or

(b) stay or adjourn any matter until the determination of any other matter.

Discretion of Presiding Members

7.02Where the Board has made an order that proceedings be heard either at the same time or one immediately after the other, the Board panel at the hearing, nevertheless, has discretion to order otherwise.

RULE 8 COMMENCEMENT OF APPLICATIONS

Method of Application

8.01Unless otherwise provided in these Rules or in an Act, an application may be commenced by a letter and shall,

(a) be addressed to the secretary of the Board;

(b) identify the applicant by name, telephone number and address including the postal code; and

Use of Submission Forms

8.02(1)An application by a municipality for an order authorizing the issue of debentures or the raising of money beyond the current term of council shall be accompanied by a completed submission form.

(2)Where an application is made to the Board under the Planning Act, a submission form related to the particular application shall be completed and filed with the Board.

(3)Where any other application is made to the Board for which the Board has prepared submission forms related to the particular application, a submission form related thereto shall be completed and filed with the Board.

Submission Forms Available from Secretary

8.03On request, the secretary shall provide a copy of the relevant submission form without charge.

Effect of Failure to File Submission Form or Pay Fee

8.04Unless otherwise directed by the Board, no matter shall be set down for a hearing unless the required submission form has been filed and the appropriate fee has been paid.

RULE 9 AMENDMENT OF DOCUMENTS

No Amendment Without Board Direction

9.01Unless otherwise ordered by the Board or unless the parties consent, no document filed with the Board may be amended.

Motion for Board Direction

9.02Before making an order under Rule 9.01, the Board may require the person requesting the amendment to bring the matter before it on a motion with notice to all parties.

RULE 10 DISCOVERY

Applicability of Rules of Civil Procedure

10.01Rules 30, 31, 32, 34, 35 and 39.03 of the Rules of Civil Procedure shall be applied to Board proceedings if an order under Rule 10.02 is first obtained.

Board Order for Discovery

10.02The Board on motion, may order,

(a) the discovery of documents;

(b) the examination for discovery of any party;

(d) the inspection of property; and

(e) the examination of a witness before the commencement of a hearing under Rule 39.03 of the Rules of Civil Procedure.

Content of Affidavit

10.03The affidavit in support of a motion under Rule 10.02 shall disclose the efforts made to secure the information sought by discovery and the reasons why such information is necessary in advance of the hearing.

RULE 11 MOTIONS

Notice of Motion

11.01Except for a motion made at a hearing, a motion shall be initiated by a notice of motion.

Hearing Date

11.02Except for a motion made at a hearing, the moving party shall obtain a hearing date for the motion from the Board before a notice of motion is served.

Content of Notice of Motion

11.03(1)A notice of motion shall,

(a) identify the moving party;

(b) set out the time and place for the hearing of the motion;

(d) specify the grounds to be argued, including a reference to any statutory provision or rule, if any, to be relied on;

(e) be accompanied by an affidavit of a person having,

(i) knowledge, or

(ii) information and belief;

(f) list the documents to be used at the hearing of the motion;

(g) state whether the moving party will seek leave of the Board to adduce oral evidence at the hearing of the motion and identify the nature of the evidence;

(h) identify the names and addresses of all parties, other than the moving party, and of any other person to whom the Board has directed notice be given; and

(i) identify by name, address and telephone number the moving party’s solicitor or the moving party.

(2)A notice of motion may be in Form 2.

Service of Notice of Motion

Minimum Notice Period

11.04(1)Unless otherwise directed by the Board, the notice of motion shall be served at least ten days before the date upon which the motion is to be heard.

Required as General Rule

(2)Where a motion is made on notice, a notice of motion shall be served upon all parties, any person to whom the Board has directed notice be given and the secretary of the Board.

Proof of Service

(3)Where a motion is made on notice, proof of service of the notice of motion shall be filed with the Board.

Notice of Responding Party

11.05A responding party who intends to rely upon,

(a) grounds other than those to be relied upon by the moving party;

(b) an affidavit;

(d) oral evidence to be adduced at the hearing of the motion with leave of the Board, shall serve a notice.

Content of Notice of Responding Party

11.06(1)The notice referred to in Rule 11.05 shall,

(a) identify the responding party;

(b) specify the grounds, other than those to be relied upon by the moving party, in support of or in opposition to the motion, including a reference to any statutory provision or rule to be relied on;

(i) knowledge, or

(ii) information and belief,

if such affidavit is to be used at the hearing of the motion;

(d) list any additional documents to be used at the hearing of the motion;

(e) state whether the responding party will seek leave of the Board to adduce oral evidence at the hearing of the motion and identify the nature of the evidence; and

(f) identify by name, address and telephone number the responding party’s solicitor or the responding party.

(2)The notice referred to in Rule 11.05 may be in Form 3.

Service of Notice of Responding Party

Minimum Notice Period

11.07(1)Unless otherwise directed by the Board, the notice referred to in Rule 11.05 shall be served at least two days before the date upon which the motion is to be heard.

Required as General Rule

(2)A notice referred to in Rule 11.05 shall be served upon the moving party, all other parties, any person to whom the Board has directed notice of motion be given and to the secretary of the Board.

Proof of Service

(3)Proof of service of the notice referred to in Rule 11.05 shall be filed with the Board prior to or on return of the motion.

Oral Representations at Hearing of Motion

11.08A moving party and a responding party may make oral representations at the hearing of the motion.

RULE 12 CONDUCT OF HEARINGS

Hearings to be Public

12.01All Board hearings shall be open to the public except where the Board determines that a matter should be heard in the absence of the public.

Motion for Directions

12.02The Board, on motion, may in advance of the commencement of a hearing give directions respecting the conduct of the pending hearing.

Procedure at a Hearing

12.03Subject to these Rules and any Act, the procedure at a hearing shall be determined by the presiding member of the Board.

Media Coverage of Hearings

12.04 (1)No person shall take or attempt to take a photograph, motion picture, video or audio recording or other record capable of producing an aural or visual reproduction by electronic or other means at a Board hearing unless authorized by the Board.

(2)Nothing in this Rule,

(a) prohibits a duly certified court reporter retained by the Board or a party from recording the hearing for the purpose of providing an accurate transcript;

(b) prohibits a person from unobtrusively making handwritten notes or sketches at a hearing; or

(c) prohibits a solicitor, a party, or a journalist from unobtrusively making an audio recording at a hearing, in a manner approved by the presiding member, for the sole purpose of supplementing or replacing that person’s handwritten notes.

(3)A request for authorization under subrule (1) may be made to the chair prior to the hearing or to the presiding member of the Board at the commencement of the hearing or, after a hearing has commenced, to the presiding member of the Board, as soon as practicable after knowledge of the hearing comes to the attention of the person wishing to make the electronic recording.

(4)The Board shall afford the parties and the participants an opportunity to make representations to the Board in respect of any request for authorization under subrule (1) or to vary any authorization granted previously by the Board.

(5)On an application for authorization under subrule (1), the Board shall consider,

(a) the likelihood of disturbance or disruption of the hearing;

(b) the likelihood of undue discomfort for any participant;

(c) whether there is a public interest in having procedures which are accessible to all those interested or affected; and

(d) such other matters as the Board deems appropriate.

(6)In making a recording authorized by the Board under subrule (1),

(a) no equipment which produces a distracting sound or light shall be used during the hearing;

(b) the person authorized to make the recording shall not move about the hearing room unnecessarily to do so while the hearing is in progress;

(c) recording equipment shall be positioned unobtrusively in one location approved by the Board and shall not be moved while the hearing is in progress; and

(d) the authorized recording or photographic activity will occur only within the times and portions of the hearing determined by the Board.

(7)Any authorization of recording and media coverage may be withdrawn by the Board before or during the hearing,

(a) if the Board’s rules are breached;

(b) if any unforeseen circumstances interfere with the ability and duty of the Board to conduct a full and fair hearing; or

(8)A withdrawal of authorization may be temporary or limited to accommodate any witnesses who may suffer undue discomfort or prejudice if recording or media coverage is permitted.

Pre-hearing Conference

12.05In any matter or proceeding before the Board, at the request of any person or on its own initiative, the Board may convene a pre-hearing conference to consider,

(a) the possibility of settlement of any or all of the issues in the proceeding;

(b) the simplification of the issues;

(d) the estimated duration of the hearing; and

(e) any other matter that may assist in the just and expeditious disposition of the proceedings at the least expense.

RULE 13 COMPELLING ATTENDANCE OF WITNESSES

By Summons to Witness

13.01A party who requires the attendance of a person as a witness at a hearing may serve the person with a summons to witness which shall be in Form 4 requiring him or her to attend the hearing at the time and place stated in the summons, and the summons may also require the person to produce at the hearing the documents or other things in his or her possession, control or power relating to the matters in question in the application or motion that are specified in the summons.

Summons Available in Blank

13.02On the request of a party or a solicitor and upon payment of the prescribed fee, the secretary may sign, seal and issue, or in the cases of urgency, a Board member may sign and issue a blank summons to witness and the party or solicitor shall complete the summons and insert the names of any number of witnesses.

Service and Attendance Money

13.03A summons to witness shall be served on the witness personally and, at the same time, attendance money in the amount provided under the Rules of Civil Procedure shall be paid or tendered to the witness.

Lack of Seal

13.04The lack of the Board’s seal does not render a summons to witness invalid.

RULE 14 LANGUAGE OF HEARINGS

Use of English and French

14.01The Board may conduct a hearing in English or French or partly in English and partly in French.

Where French is Used

14.02A person who wishes a hearing to be conducted in French or to give evidence or make submissions in French must, at least 25 days before the hearing, request that the Board provide a bilingual panel at the hearing.

RULE 15 ORDERS

Preparation and Entry of Order

15.01Unless otherwise directed by the Board, the secretary shall prepare and enter an appropriate order in Form 5 following a decision or other determination of the Board.

Effective Date

15.02An order is effective from the date on which it is made unless it provides otherwise.

RULE 16 PROCEDURE UNDER SECTION 43 OF THE ONTARIO MUNICIPAL BOARD ACT

Commencement of Application

16.01An application to the Board under section 43 of the Ontario Municipal Board Act may be commenced by a letter and shall,

(a) identify the applicant by name, telephone number and address, including postal code;

(b) contain a statement of the nature of the relief sought;

(d) be accompanied by any supporting material.

Requirement of Affidavit

16.02The Board may require that an affidavit in support of the application be submitted by an applicant before determining whether the application should be heard by the Board.

Where Board Satisfied Application Should Proceed

16.03Where, on the basis of information provided, the Board is satisfied that the application should proceed, it shall appoint a time for the hearing of the application and give directions as to the service of the notice of hearing, the application and any supporting material.

PART II
ASSESSMENT APPEALS

RULE 17 APPLICATION

Application of Part II

17.01This Part applies to proceedings under the Assessment Act.

RULE 18 NOTICE OF HIGHER ASSESSMENT

Special Notice

18.01Where a party has appealed a decision of the Assessment Review Board and the assessment commissioner intends to seek a higher assessment in the appeal than that fixed by the Assessment Review Board, the assessment commissioner shall give notice of such intention.

Content of Special Notice

18.02A notice referred to in Rule 18.01 shall disclose the assessment intended to be sought by the assessment commissioner.

Service of Special Notice

Minimum Notice Period

18.03(1)Unless otherwise directed by the Board, a notice referred to in Rule 18.01 shall be served at least ten days before the hearing of the appeal.

Parties To Be Served

(2)A notice referred to in Rule 18.01 shall be served on all parties and the secretary of the Board.

Proof of Service

(3)Proof of service of the notice referred to in Rule 18.01 shall be filed with the Board.

Failure to Comply

18.04Where the assessment commissioner fails to comply with Rule 18.01, 18.02 or 18.03, the Board may adjourn the hearing.

PART III
EXPROPRIATIONS

RULE 19 APPLICATION AND DEFINITIONS

Application of Part III

19.01This Part applies to proceedings under the Expropriations Act.

Definitions

19.02In this Part,

“Act” means the Expropriations Act;

“claimant” means an owner as defined in the Act;

“respondent” means a statutory authority as defined in the Act.

RULE 20 NOTICE OF ARBITRATION BY CLAIMANT AND REPLY

Service of Notice of Arbitration by Claimant

20.01A claimant seeking compensation shall serve a notice of arbitration and statement of claim in Form 6 on the respondent and file with the Board proof of service of the notice within ten days of the date of service.

Service of Reply

20.02The respondent shall serve a reply in Form 7 on the claimant within twenty days after service of the notice of arbitration and file with the Board a copy of the reply and proof of service on the claimant.

RULE 21 NOTICE OF ARBITRATION BY
RESPONDENT, STATEMENT OF CLAIM AND REPLY

Service of Notice of Arbitration by Respondent

21.01Where a claimant has not served a notice of arbitration under Rule 20.01, the respondent may serve a notice of arbitration in Form 8 and shall file with the Board proof of service of the notice within ten days of the date of service.

Service of Statement of Claim

21.02Except by leave of the Board, where a notice of arbitration has been served by the respondent, no appointment shall be made for the hearing of the arbitration until the claimant has filed with the Board and served on the respondent a statement of claim for compensation in Form 9 setting out the amount claimed, the basis upon which the amount is calculated and the facts in support of each element of compensation claimed.

Service of Reply

21.03Where a claimant has served a statement of claim under Rule 21.02, the respondent shall serve a reply in Form 10 within twenty days after being so served and shall file with the Board a copy of the reply and proof of service on the claimant.

RULE 22 DENIAL OF ENTITLEMENT TO
COMPENSATION

Denial to be Raised in Reply

22.01Where a respondent denies that a claimant is entitled to any compensation on the grounds,

(a) that the claimant has no interest in the land expropriated or injuriously affected;

(b) that no compensation is payable with respect to the interest of the claimant in such land; or

(c) that the claim is barred by a provision in the Act or any other statute, it must raise such denial in its reply, setting out the relevant facts and statutory provisions relied on.

Effect of Failure to Make Timely Denial

22.02Unless the respondent has complied with Rule 22.01, it may not make such denial at the hearing of the arbitration without leave of the Board.

RULE 23 OFFER OF COMPENSATION AND
ACCEPTANCE

Forms

23.01(1)An offer of compensation made under section 25 of the Act may be in Form 11.

(2)An acceptance of an offer of compensation made under section 25 of the Act may be in Form 12 and may be served upon the person named for the purpose of receiving such acceptance in the offer of compensation.

RULE 24 SERVICE OF DOCUMENTS

Required as General Rule

24.01Service of documents may be made, in addition to the methods set out in subsection 1 (2) of the Act,

(a) in the case of Her Majesty the Queen in right of Ontario, in the manner set out in section 10 of the Proceedings Against the Crown Act; and

(b) in the case of a municipal or other corporation, partnership or individual, on the persons prescribed by the Rules of Civil Procedure.

RULE 25 PLEADINGS

Required Pleadings

25.01Unless otherwise ordered by the Board, no pleadings other than a notice of arbitration, a statement of claim and a reply are required in an arbitration to determine compensation.

RULE 26 EXAMINATION

Examination of Representative by Opposing Party

26.01A person appointed under section 37 of the Act to represent an owner of land may be examined by an opposing party in the place of the owner.

RULE 27 DISCOVERY AND ADMISSIONS

Applicability of Rules of Civil Procedure

27.01Despite Rule 10.01, rules 30, 31, 32, 34, 35 and 51 of the Rules of Civil Procedure apply to proceedings under this Part unless the Board on motion orders otherwise.

RULE 28 PRE-HEARING PROCEDURE

Notice of Readiness

28.01Unless a notice of readiness for hearing has been filed, the secretary shall, immediately after the filing of the reply, send to the party who served the notice of arbitration a blank notice of readiness for hearing in Form 13.

Time For Hearing

28.02The Board may appoint a time for a hearing of the arbitration,

(a) upon receipt of the notice of readiness for hearing signed by or on behalf of all parties; or

(b) by order, on motion, if the notice of motion is served at least thirty days after service of the notice of arbitration.

Notice of Appointment

28.03The secretary of the Board shall mail a notice of appointment of the time and place for hearing the arbitration to the parties.

Service of Notice

28.04Upon receipt of the notice the respondent shall, at least twenty days before the hearing, serve a copy of the notice upon all registered owners and also upon any person known to the respondent to be an owner as defined in the Act or claiming to be entitled to any part of the compensation that may be awarded pursuant to the arbitration under the Act.

Filing of Documents

28.05At the commencement of a hearing to determine compensation, the respondent,

(a) shall file a copy of the certificate of approval of expropriation under the Act, the plan of the expropriated land and proof of its registration in accordance with section 9 of the Act where applicable; and

(b) shall file an affidavit proving service of the notice of appointment for the hearing in accordance with Rule 28.04 and that the persons served are all the persons required to be served.

RULE 29 EXPROPRIATION ORDER

Expropriation Order Form

29.01An order issued under this Part shall be in Form 14.

PART IV
RETAIL BUSINESS HOLIDAYS APPEALS

RULE 30 APPLICATION

30.01This Part applies to proceedings under the Retail Business Holidays Act.

RULE 31 FORWARDING OF RECORD TO BOARD

31.01(1)The clerk of a municipality that has passed a by-law under section 4 of the Retail Business Holidays Act, upon receipt of a notice from the Board, shall compile a record that shall include,

(a) a copy of the original application for a by-law;

(b) a copy of the by-law certified by the clerk;

(d) a list of the names and addresses of every person who made oral or written submissions at the public meeting held before the by-law was passed;

(e) the original or a true copy of all written submissions and material in support of the submissions received in respect of the by-law before it was passed; and

(f) an affidavit or declaration duly sworn certifying that there has been compliance with the requirements for the giving of notice of the public meeting held before the by-law was passed.

(2)The clerk shall deliver the record to the secretary of the Board no later than twenty days after the last day for an appeal, and shall provide such other information or material as the Board may require in respect of the appeal.

R.R.O. 1990, Reg. 889, Sched; O. Reg. 74/92, s. 1; O. Reg. 646/94, ss. 1-3.

APPENDIX OF FORMS


GENERAL MATTERS
Form 1	Affidavit of Service
Form 2	Notice of Motion
Form 3	Notice of Response to Motion
Form 4	Summons to Witness
Form 5	Order
EXPROPRIATIONS
Form 6	Notice of Arbitration (Owner claims compensation)
Form 7	Reply
Form 8	Notice of Arbitration (Statutory authority requires compensation to be determined)
Form 9	Statement of Claim
Form 10	Reply
Form 11	Formal Offer of Compensation
Form 12	Acceptance of Offer
Form 13	Notice of Readiness for Hearing
Form 14	Order (Expropriation)