O. Reg. 3/26: RULES OF CIVIL PROCEDURE, COURTS OF JUSTICE ACT
ontario regulation 3/26
made under the
Courts of Justice Act
Made: December 9, 2025
Approved: December 17, 2025
Filed: January 6, 2026
Published on e-Laws: January 6, 2026
Published in The Ontario Gazette: January 24, 2026
Amending Reg. 194 of R.R.O. 1990
(RULES OF CIVIL PROCEDURE)
1. Subrule 12.06 (4) of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by adding the following paragraph:
1.1 The notice of motion shall be in Form 37A.
2. Rule 37.01 of the Regulation is amended by striking out “(Form 37A)” and substituting “in Form 37A”.
3. Rule 37.06 of the Regulation is amended by striking out “(Form 37A)” in the portion before clause (a).
4. The French version of subrule 37.10 (10) of the Regulation is amended by striking out “enjoignant de fournir des réponses ou de faire remplir des engagements” in the portion before clause (a) and substituting “exigeant que soient fournies des réponses ou remplis les engagements”.
5. Subrule 61.03 (1) of the Regulation is amended by adding “to appeal (Form 61A)” after “notice of motion for leave” in the portion before clause (a).
6. Subrule 61.03.1 (2) of the Regulation is amended by adding “(Form 61A.1)” after “leave to appeal”.
7. (1) Subrule 61.04 (1) of the Regulation is amended by striking out “(Form 61A or 61A.1)” in the portion before clause (a) and substituting “in Form 61A.2 (Court of Appeal) or 61A.3 (Divisional Court)”.
(2) Subrule 61.04 (2) of the Regulation is revoked and the following substituted:
General Heading
(2) Despite subrule 4.02 (1), the heading to be used in any document filed in an appeal shall be in accordance with Form 61B.
(3) Subrule 61.04 (3) of the Regulation is amended by striking out “(Form 61A or 61A.1)” in the portion before clause (a) and substituting “(Form 61A.2 or 61A.3)”.
8. Rule 61.16 of the Regulation is amended by adding the following subrule:
(1.2) Notice of a motion made in an appellate court, other than a motion for leave to appeal, shall be,
(a) in Form 61M, if the motion is to be heard by a single judge of the Court of Appeal;
(b) in Form 61N, if the motion is to be heard by a single judge of the Divisional Court;
(c) in Form 61O, if the motion is to be heard by a panel of the Court of Appeal; and
(d) in Form 61P, if the motion is to be heard by a panel of the Divisional Court.
9. Subrule 62.02 (3) of the Regulation is amended by adding “except that the notice shall be in Form 61A” at the end.
10. Subrule 68.01 (5) of the Regulation is amended by adding the following paragraph:
1.1 The notice of motion shall be in Form 37A.
11. (1) The Table of Forms to the Regulation is amended by striking out the rows for Forms 61A and 61A.1 and substituting the following:
| 61A | Notice of Motion for Leave to Appeal to the Divisional Court | September 1, 2025 |
| 61A.1 | Notice of Motion for Leave to Appeal to the Court of Appeal | September 1, 2025 |
| 61A.2 | Notice of Appeal to the Court of Appeal | September 1, 2025 |
| 61A.3 | Notice of Appeal to the Divisional Court | September 1, 2025 |
(2) The Table of Forms to the Regulation is amended by adding the following rows:
| 61M | Notice of Motion Before a Single Judge — Court of Appeal | September 1, 2025 |
| 61N | Notice of Motion Before a Single Judge — Divisional Court | September 1, 2025 |
| 61O | Notice of Motion Before a Panel — Court of Appeal | September 1, 2025 |
| 61P | Notice of Motion Before a Panel — Divisional Court | September 1, 2025 |
Commencement
12. This Regulation comes into force on the later of February 1, 2026 and the day this Regulation is filed.
Made by:
Pris par :
Civil Rules Committee:
Le Comité des règles en matière civile :
Hayley Pitcher
Deputy Executive Legal Officer / Sous-avocate directrice
Secretary of the Civil Rules Committee / Sécretaire du Comité des règles en matière civile
Court of Appeal of Ontario / Cour d’appel de l’Ontario
Date made: December 9, 2025
Pris le : 9 décembre 2025
I approve this Regulation.
J’approuve le présent règlement.
Le procureur général,
Doug Downey
Attorney General
Date approved: December 17, 2025
Approuvé le : 17 décembre 2025