O. Reg. 457/01: RULES OF CIVIL PROCEDURE
filed December 6, 2001 under Courts of Justice Act, R.S.O. 1990, c. C.43Skip to content
ONTARIO regulation 457/01
made under the
courts of justice act
Made: October 25, 2001
Approved: December 5, 2001
Filed: December 6, 2001
Printed in The Ontario Gazette: December 22, 2001
Amending Reg. 194 of R.R.O. 1990
(Rules of Civil Procedure)
Note: Since the end of 2000, Regulation 194 has been amended by Ontario Regulations 113/01, 243/01, 244/01, 284/01, 427/01 and 447/01. Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 20, 2001.
1. Clause 4.02 (3) (f) of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by striking out “the name, address and telephone number of the solicitor” and substituting “the name, address, telephone number and law society Registration number of the solicitor”.
2. Rule 14.01.1 of the Regulation is revoked.
3. Rule 14.03 of the Regulation is amended by adding the following subrule:
Information for Court Use
(4.1) Form 14F (Information for court use) shall be filed together with Form 14A or 14D, as the case may be.
4. Rule 18.03 of the Regulation is revoked.
5. Clause (a) of the definition of “defence” in rule 24.1.03 of the Regulation is revoked.
6. Rule 24.1.07 of the Regulation is amended by adding the following subrule:
(5) In carrying out their functions under subrule (4), committees may add mediators to the list and remove mediators from the list.
7. Subrule 38.03 (1.1) of the Regulation is revoked and the following substituted:
Applications under Commercial Tenancies Act and Tenant Protection Act, 1997
(1.1) An application under the Commercial Tenancies Act or the Tenant Protection Act, 1997 shall be made in the county in which the premises are located and shall be heard and determined in that county.
8. Rule 38.07.1 of the Regulation is revoked.
9. Subrule 76.10 (7) of the Regulation is revoked and the following substituted:
(7) If the trial is to be a summary trial under rule 76.12, the pre-trial conference judge or master,
(a) shall set a timetable for the delivery of all the parties’ affidavits; and
(b) may vary the order and time of presentation.
10. (1) Subrule 77.01 (2) of the Regulation is amended by adding the following clause:
(d.2) actions under Rule 76;
(2) Clause 77.01 (2) (e) of the Regulation is revoked and the following substituted:
(e) actions or applications under the Construction Lien Act, except trust claims;
11. The definition of “defence” in rule 77.03 of the Regulation is amended by striking out “a notice of defence (Form 77B)”.
12. Subrule 77.06 (1) of the Regulation is revoked.
13. Subrule 77.09 (1) of the Regulation is revoked.
14. Subrule 77.10 (2) of the Regulation is revoked and the following substituted:
Duty of Plaintiff
(2) In a proceeding to which this Rule applies, the plaintiff shall file a timetable or request a case conference to establish a timetable,
(a) if an order is made under rule 24.1.05 (exemption from mediation), within 30 days after the order is made; or
(b) if a mediation session is held but the proceeding is not settled, within 30 days after the mediator’s report is given to the parties under subrule 24.1.15 (1).
15. Form 4C of the Regulation is amended by adding the following after “(name, address, telephone number and fax number of solicitor or party)”:
(Law society registration number of solicitor)
16. The Regulation is amended by adding the following Form:
Courts of Justice Act
Insert regs\Graphics\Source Law\2001\457\457014Fae.tif
17. Forms 77A and 77B of the Regulation are revoked.
18. Part II of Tariff A to the Regulation is amended by adding the following item:
23.1 Fees actually paid to a mediator in accordance with Ontario Regulation 451/98 made under the Administration of Justice Act.
19. (1) Subject to subsection (2), this Regulation comes into force on filing.
(2) Sections 1 to 17 come into force on January 1, 2002.