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O. Reg. 384/24: RULES OF CIVIL PROCEDURE

filed October 15, 2024 under Courts of Justice Act, R.S.O. 1990, c. C.43

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ontario regulation 384/24

made under the

Courts of Justice Act

Made: October 2, 2024
Approved: October 9, 2024
Filed: October 15, 2024
Published on e-Laws: October 15, 2024
Published in The Ontario Gazette: November 2, 2024

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

(RULES OF CIVIL PROCEDURE)

1. Rule 4.06.1 of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by adding the following subrules:

(2.1) A factum shall include a statement signed by the party’s lawyer, or on the lawyer’s behalf by someone the lawyer has specifically authorized, certifying that the person signing the statement is satisfied as to the authenticity of every authority cited in the factum.

(2.2) An authority that is published on a government website or otherwise by a government printer, on the Canadian Legal Information Institute website (CanLII), on a court’s website or by a commercial publisher of court decisions is presumed to be authentic for the purposes of subrule (2.1), absent evidence to the contrary.

2. Subrule 38.06 (4) of the Regulation is amended by striking out “The notice of application shall be filed with proof of service” at the beginning and substituting “Proof of service of the notice of application shall be filed”.

3. (1) Subrule 52.03 (7) of the Regulation is revoked and the following substituted:

Report

(7) The expert shall prepare and send to the registrar a report containing the information listed in subrule 53.03 (2.1), other than an acknowledgment of expert’s duty (Form 53).

(7.1) The registrar shall send a copy of the report to every party.

(2) Subrule 52.03 (9) of the Regulation is amended by striking out “(7) and (8)” and substituting “(7), (7.1) and (8)”.

4. (1) Subrule 53.03 (2.1) of the Regulation is amended by adding the following paragraphs:

6.1 A statement signed by the expert certifying that the expert is satisfied as to the authenticity of every authority or other document or record referred to in the report, other than,

i. a document or record consisting of evidence or potential evidence in the action that the expert analysed or interpreted in the report, if the document or record was provided to the expert by or on behalf of the party intending to call the expert as a witness,

ii. an authority or other document or record cited by the expert in the report only because it was referenced in a report prepared by another expert witness in the action and the expert is commenting on the reference, and

iii. an authority or other document or record referred to in the report the authenticity of which the expert doubts.

6.2 Details of the doubts the expert has respecting the authenticity of an authority, document or record described in subparagraph 6.1 iii, and of any doubts the expert may have respecting the authenticity of an authority, document or record described in subparagraph 6.1 i or ii.

(2) The English version of paragraph 7 of subrule 53.03 (2.1) of the Regulation is amended by striking out “acknowledgement” and substituting “acknowledgment”.

(3) Rule 53.03 of the Regulation is amended by adding the following subrule:

(2.1.1) An authority or other document or record that is published on a government website or otherwise by a government printer, in a scholarly journal or by a commercial publisher of research on the subject of the report is presumed to be authentic for the purposes of paragraph 6.1, absent evidence to the contrary.

5. (1) Clause 61.11 (1) (e) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following:

(e) a certificate that, in addition to including the statement required by subrule 4.06.1 (2.1), states,

. .  . . .

(2) Clause 61.11 (1) (e) of the Regulation is amended by adding “and” at the end of subclause (iii), by striking out “and” at the end of subclause (iv) and by striking out subclause (v).

(3) Subrule 61.11 (5) of the Regulation is revoked.

6. (1) Clause 61.12 (3) (f) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following:

(f) a certificate that, in addition to including the statement required by subrule 4.06.1 (2.1), states,

.  . . . .

(2) Clause 61.12 (3) (f) of the Regulation is amended by adding “and” at the end of subclause (iii), by striking out “and” at the end of subclause (iv) and by striking out subclause (v).

(3) Subrule 61.12 (5.3) of the Regulation is revoked.

7. (1) Clause 68.04 (3) (d.1) of the Regulation is revoked and the following substituted:

(d.1) a certificate that, in addition to including the statement required by subrule 4.06.1 (2.1), states how much time (expressed in hours or fractions of an hour) the lawyer estimates will be required for the lawyer’s oral argument, not including reply;

(2) Clause 68.04 (6) (d.1) of the Regulation is revoked and the following substituted:

(d.1) a certificate that, in addition to including the statement required by subrule 4.06.1 (2.1), states how much time (expressed in hours or fractions of an hour) the lawyer estimates will be required for the lawyer’s oral argument, not including reply;

8. The Table of Forms to the Regulation is amended by striking out the row for Form 53 and substituting the following:

 

53

Acknowledgment of Expert’s Duty

September 1, 2024

 

Commencement

9. This Regulation comes into force on the later of December 1, 2024 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: October 2, 2024
Pris le : 2 octobre 2024

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

Le procureur général,

Doug Downey

Attorney General

Date approved: October 9, 2024
Approuvé le : 9 octobre 2024

 

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