O. Reg. 520/22: RULES OF CIVIL PROCEDURE
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: September 14, 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 Reg. 194 of R.R.O. 1990
(RULES OF CIVIL PROCEDURE)
1. Rule 15.01.1 of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by adding the following subrule:
Exception
(1.1) Subrule (1) does not apply with respect to the following provisions:
1. Subrule 16.09 (1.1).
2. Paragraph 1 of rule 60.20.
2. Subrule 16.03 (6) of the Regulation is amended by striking out “Ministry of Government and Consumer Services” and substituting “Ministry of Public and Business Service Delivery”.
3. (1) Rule 16.09 of the Regulation is amended by adding the following subrule:
Lawyer’s Certificate
(1.1) A lawyer may prove service of a document by a lawyer’s certificate of service (Form 16B.1) if the lawyer served the document or caused it to be served and is satisfied that service was effected.
(2) Subrule 16.09 (2) of the Regulation is amended by striking out “by a sheriff or sheriff’s officer may be proved by a certificate” and substituting “by a sheriff may be proved by a sheriff’s certificate”.
(3) Subrule 16.09 (3) of the Regulation is revoked and the following substituted:
Lawyer’s Admission or Acceptance Sufficient Proof
(3) Where a lawyer admits or accepts service of a document on behalf of a party, the lawyer’s written admission or acceptance of service is sufficient proof of service and need not be verified by any other proof of service.
4. Clause 74.04 (1) (a) of the Regulation is revoked and the following substituted:
(a) proof of service in accordance with subrules (2) to (6) which, despite rule 16.09, shall be in Form 74B (affidavit of service) or 74B.1 (lawyer’s certificate of service);
5. (1) Subrule 74.18 (3) of the Regulation is revoked and the following substituted:
Service
(3) The applicant shall serve, by a method listed in subrule 74.04 (7), the notice of application and a copy of a draft of the judgment sought on each person who has a contingent or vested interest in the estate.
(2) Subclause 74.18 (9) (a) (i) of the Regulation is revoked and the following substituted:
(i) proof of service of the documents specified in subrule (3), (3.1) or (3.2) in Form 16B (affidavit of service) or 16B.1 (lawyer’s certificate of service),
(3) Clause 74.18 (11.3) (a) of the Regulation is amended by striking out “an affidavit of service of those documents” and substituting “proof of service of those documents in Form 16B (affidavit of service) or 16B.1 (lawyer’s certificate of service)”.
6. (1) The Table of Forms to the Regulation is amended by adding the following row:
|
16B.1 |
Lawyer’s Certificate of Service |
August 1, 2022 |
(2) The row for Form 16C in the Table of Forms to the Regulation is revoked and the following substituted:
|
16C |
Sheriff’s Certificate of Service |
August 1, 2022 |
(3) The Table of Forms to the Regulation is amended by adding the following row:
|
74B.1 |
Lawyer’s Certificate of Service of Application for a Certificate of Appointment of Estate Trustee |
August 1, 2022 |
(4) The rows for Forms 74.44, 74.49.2, 74.49.3, 74.50, 74.51 and 75.8 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
7. 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: September 14, 2022
Pris le : 14 septembre 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