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filed January 16, 2007 under Courts of Justice Act, R.S.O. 1990, c. C.43

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ontario regulation 8/07

made under the

Courts of Justice Act

Made: December 6, 2006
Approved: January 15, 2007
Filed: January 16, 2007
Published on e-Laws: January 16, 2007
Printed in The Ontario Gazette: February 3, 2007

Amending Reg. 194 of R.R.O. 1990

(Rules of Civil Procedure)

1. Rule 36.01 of Regulation 194 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:



36.01 (1) In this rule,

“party” includes a party to a pending or intended proceeding.

By Consent or by Order

(2) A party who intends to introduce the evidence of a person at trial may, with leave of the court or the consent of the parties, examine the person on oath or affirmation before trial for the purpose of having the person’s testimony available to be tendered as evidence at the trial. 

Discretion of Court

(3) In exercising its discretion to order an examination under subrule (2), the court shall take into account,

(a) the convenience of the person whom the party seeks to examine;

(b) the possibility that the person will be unavailable to testify at the trial by reason of death, infirmity or sickness;

(c) the possibility that the person will be beyond the jurisdiction of the court at the time of the trial;

(d) the expense of bringing the person to the trial;

(e) whether the witness ought to give evidence in person at the trial; and

(f) any other relevant consideration. 

Expert Witness

(4) Before moving for leave to examine an expert witness under subrule (2), the moving party shall serve on every other party the report of the expert witness referred to in subrule 53.03 (1) (calling expert witness at trial) unless the court orders otherwise. 

Interim Costs, Pending or Intended Proceeding

(5) Where an order is made under subrule (2) for the examination of a witness in respect of a matter that is or will be the subject of a pending or intended proceeding, the court may, if it considers it appropriate to do so, order the moving party to pay to any other party, in advance of the examination, any or all of the costs reasonably expected to arise for the other party from the examination and any related cross-examination or re-examination.

2. Subrule 36.02 (1) of the Regulation is revoked and the following substituted:


(1) Subject to subrule (2), Rule 34 applies to the examination of a witness under rule 36.01, unless the court orders otherwise, and, for the purpose, a reference in Rule 34 to a party includes a reference to a party to a pending or intended proceeding.

3. Clause 57.01 (4) (e) of the Regulation is revoked and the following substituted:

(e) to award costs to a party acting in person.

4. This Regulation comes into force on July 1, 2007.