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O. Reg. 349/23: FAMILY LAW RULES

filed November 27, 2023 under Courts of Justice Act, R.S.O. 1990, c. C.43

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ontario regulation 349/23

made under the

Courts of Justice Act

Made: October 3, 2023
Approved: November 2, 2023
Filed: November 27, 2023
Published on e-Laws: November 27, 2023
Published in The Ontario Gazette: December 16, 2023

Amending O. Reg. 114/99

(FAMILY LAW RULES)

1. (1) Subrule 1.1 (5) of Ontario Regulation 114/99 is revoked.

(2) Subrule 1.1 (8) of the Regulation is revoked and the following substituted:

Inconsistencies when filing

(8) In the event of an inconsistency between information in a document submitted to the authorized software for filing and related information submitted to the authorized software that is not in the document, the information in the document prevails.

(3) Rule 1.1 of the Regulation is amended by adding the following subrules:

Conversion to electronic format, filed document

(11.1) A clerk may prepare an electronic copy of a document that was filed in paper format, in which case,

(a)  the clerk may return the original document to the person who filed it, and subrule (10) applies with necessary changes with respect to the returned document; and

(b)  subrule (11) applies as if the document had been filed electronically.

Conversion to electronic format, issued document

(11.2) A clerk may prepare an electronic copy of a document that was issued in paper format, in which case,

(a)  subrule (11) applies as if the document had been issued electronically; and

(b)  if the court permits the creation of an electronic court record, the original document need not be retained by the court.

2. (1) Subrule 3 (5) of the Regulation is revoked and the following substituted:

Order to lengthen or shorten time

(5) The court may make an order to lengthen or shorten any time set out in these rules or in an order, subject to any limitations provided for by these rules.

(2) Subrule 3 (6) of the Regulation is amended by adding the following clause:

(b.1)  rule 20.2 (expert opinion evidence);

3. Rule 9 of the Regulation is amended by adding the following subrule:

Conversion to electronic format

(18) A clerk may prepare an electronic copy of an endorsement that was made in paper format, in which case,

(a)  subrule 1.1 (11) applies with necessary changes; and

(b)  if the court permits the creation of an electronic court record, the original document need not be retained by the court.

4. Rule 20.2 of the Regulation is amended by adding the following subrule:

Late filings

(14.1) Unless the trial judge or judge managing the case orders otherwise, the time to serve or file a report, opinion or other document under this rule may only be extended under subrule 3 (5) (order to lengthen or shorten time) by an order made at the settlement conference, together with an order with respect to costs.

5. (1) Rule 23 of the Regulation is amended by adding the following subrules:

Interprovincial summons to witness

(3.1) Despite subrule (3), a summons to a witness outside Ontario under the Interprovincial Summonses Act shall be in Form 23A.

Timing of service

(3.2) A summons to witness in Form 23 or 23A, together with the witness fee, shall be served on the person summoned as a witness at least seven days before the person is required to be present in court or at a questioning or, if clause 20 (14) (b) applies, within the time specified by the court under that clause.

(2) Subrule 23 (5) of the Regulation is revoked and the following substituted:

Effect of summons

(5) A summons to witness remains in effect until the witness has given evidence or been questioned, unless notice is given under subrule (5.1), the summons is set aside under subrule (9) or the presence of the witness is otherwise no longer required.

Notice, if summons becomes unnecessary

(5.1) If a summons becomes unnecessary before a witness gives evidence or is questioned, the party who served the summons on the witness shall, as soon as possible, give to the witness written notice of that fact and of the reason why the summons has become unnecessary.

(3) Subrule 23 (8) of the Regulation is revoked.

6. Subrule 28 (12) of the Regulation is amended by striking out “(5)” and substituting “(4)”.

7. (1) The rows for Forms 14C, 17A, 17C, 17D, 17E and 17F in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Form” and substituting “September 1, 2023”.

(2) The rows for Forms 23 and 23A in the Table of Forms to the Regulation are amended by striking out “September 1, 2005” in the column titled “Date of Form” and substituting “September 1, 2023”.

Commencement

8. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Section 5 and subsection 7 (2) come into force on the later of January 15, 2024 and the day this Regulation is filed.

Made by:
Pris par :

Family Rules Committee:
Le Comité des règles en matière de droit de la famille :

Helena Likwornik

Secretary, Family Rules Committee

Date made: October 3, 2023
Pris le : 3 octobre 2023

I approve this Regulation.
J’approuve le présent règlement.

Le procureur général,

Doug Downey

Attorney General

Date approved: November 2, 2023
Approuvé le : 2 novembre 2023

 

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