O. Reg. 281/16: RULES OF CIVIL PROCEDURE
filed August 3, 2016 under Courts of Justice Act, R.S.O. 1990, c. C.43Skip to content
ontario regulation 281/16
made under the
Courts of Justice Act
Made: May 30, 2016
Approved: July 18, 2016
Filed: August 3, 2016
Published on e-Laws: August 3, 2016
Printed in The Ontario Gazette: August 20, 2016
Amending Reg. 194 of R.R.O. 1990
(RULES OF CIVIL PROCEDURE)
1. Clauses 4.02 (3) (f), (g) and (h) of Regulation 194 of the Revised Regulations of Ontario, 1990 are revoked and the following substituted:
(f) if a lawyer is serving or filing the document, the lawyer’s name, address, telephone number, fax number (if any), e-mail address (if any) and law society membership number;
(g) if a party is acting in person, his or her name, address for service, telephone number, fax number (if any) and e-mail address (if any); and
(h) if the document is to be served, the fax number and e-mail address, if known, of the person on whom the document is to be served.
2. Subrule 7.01 (2) of the Regulation is amended by adding “to appoint a guardian of property or a guardian of the person” after “an application under the Substitute Decisions Act, 1992”.
3. (1) Rule 7.08 of the Regulation is amended by adding the following subrules:
(2.1) This rule does not apply to a settlement or judgment respecting the appointment under the Substitute Decisions Act, 1992 of a guardian of property or guardian of the person.
. . . . .
(4.1) If there is no litigation guardian and the settlement that is the subject of the motion or application is in respect of a matter under the Substitute Decisions Act, 1992 to which this rule applies, the affidavit referred to in clause (4) (a) shall be provided by the moving party or applicant (as the case may be), and the affidavit referred to in clause (4) (b) shall be provided by his or her lawyer.
(2) Subrule 7.08 (5) of the Regulation is revoked and the following substituted:
Children’s Lawyer or Public Guardian and Trustee
(5) On a motion or application for the approval of a judge under this rule, the judge may,
(a) direct that material filed on the motion or application be served on the Children’s Lawyer or on the Public Guardian and Trustee; and
(b) direct the Children’s Lawyer or the Public Guardian and Trustee, as the case may be, to make a written report stating any objections he or she has to the proposed settlement and making recommendations, with reasons, in connection with the proposed settlement.
4. Subrule 15.04 (5) of the Regulation is revoked and the following substituted:
Requirements Following Service of Order on Client
(5) As soon as possible after the order is served,
(a) proof of service of the order, together with a copy of the order, shall be served on every other party; and
(b) proof of service under subrule (2), subrule (3) (if applicable) and clause (a) shall be filed.
5. Clause 15.05 (b) of the Regulation is revoked and the following substituted:
(b) an order removing the lawyer from the record has been entered and the lawyer has satisfied the service and filing requirements of subrules 15.04 (2), (3) (if applicable) and (5).
6. Rule 49.08 of the Regulation is revoked and the following substituted:
Parties Under Disability
49.08 A party under disability may make, withdraw and accept an offer to settle, but if approval of the settlement is required under rule 7.08, no acceptance of an offer made by the party and no acceptance by the party of an offer made by another party is binding on the party until that approval has been given.
7. Subrule 59.05 (3) of the Regulation is amended by adding “or to which it was transferred” after “the office of the registrar in which the action or application was commenced”.
8. The rows for Forms 4C and 16B in the Table of Forms to the Regulation are amended by striking out the dates in the corresponding rows in the column titled “Date of Form” and substituting in each case “May 1, 2016”.
9. This Regulation comes into force on the later of July 1, 2016 and the day it is filed.
Pris par :
Civil Rules Committee:
Le Comité des règles en matière civile :
Senior Legal Officer /
Date made: May 30, 2016
Pris le : 30 mai 2016
I approve this Regulation.
J’approuve le présent règlement.
Le procureur général,
Date approved: July 18, 2016
Approuvé le : 18 juillet 2016