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O. Reg. 504/00: RULES OF CIVIL PROCEDURE

filed August 31, 2000 under Courts of Justice Act, R.S.O. 1990, c. C.43

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ontario regulation 504/00

made under the

courts of justice act

Made: May 4, 2000
Approved: August 23, 2000
Filed: August 31, 2000

Amending Reg. 194 of R.R.O. 1990

(Rules of Civil Procedure)

1. Subrules 1.02 (2), (3) and (4) of Regulation 194 of the Revised Regulations of Ontario, 1990 are revoked.

2. The French version of subrule 12.04 (2) of the Regulation is amended by striking out “L'adjudication des dépens n'est ordonnée et les dépens ne sont liquidés” and substituting “L'ordonnance d'adjudication des dépens ou de liquidation des dépens n'est rendue”.

3. Subrule 30.08 (1) of the Regulation is amended by striking out “in compliance with these rules or an order of the court” in the portion before clause (a) and substituting “in compliance with these rules, an order of the court or an undertaking”.

4. Rule 31.07 is revoked and the following substituted:

REFUSAL OR FAILURE TO ANSWER

Effect of Refusal to Answer

31.07. (1) Where a party, or a person examined for discovery on behalf of or in place of a party, has refused to answer a proper question or to answer a question on the ground of privilege, and has failed to furnish the information in writing not later than 60 days before the trial begins, the party may not introduce the information at trial except with leave of the trial judge.

Effect of Failure to Answer in Accordance with undertaking

(2) Where a party, or a person examined for discovery on behalf of or in place of a party, has undertaken to answer a question but has failed to furnish the information in writing not later than 60 days before the trial begins, the party may not introduce the information at trial except with leave of the trial judge.

Additional Sanction

(3) The sanction provided by subrules (1) and (2) is in addition to the sanctions provided by rule 34.15 (sanctions for default in examination).

5. Form 59C of the Regulation is amended by adding the following paragraph before “(Signature of judge or registrar)”:

 

THIS ORDER BEARS INTEREST at the rate of ………

per cent per year commencing on ………………………..………..………..

 

 

(date)

6. This Regulation comes into force on January 1, 2001.

 

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