O. Reg. 653/00: RULES OF CIVIL PROCEDURE

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ONTARIO regulation 653/00

made under the

courts of justice act

Made: November 7, 2000
Approved: December 13, 2000
Filed: December 15, 2000

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

(Rules of Civil Procedure)

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

BILINGUAL DOCUMENTS

4.02.1 A pleading or other documents written in French that may be filed under section 126 of the Courts of Justice Act may also include a version of all or part of the text written in English.

2. Subrule 14.10 (2) of the Regulation is amended by striking out “the sum of $100 for costs” and substituting “the sum of $400 for costs”.

3. Subrule 30.03 (4) of the Regulation is revoked and the following substituted:

Lawyer's Certificate

(4) Where the party is represented by a lawyer, the lawyer shall certify on the affidavit that he or she has explained to the deponent,

(a) the necessity of making full disclosure of all documents relating to any matter in issue in the action; and

(b) what kinds of documents are likely to be relevant to the allegations made in the pleadings.

4. Rule 58.07 of the Regulation is revoked and the following substituted:

COSTS OF ABANDONED PROCEEDING

58.07 The costs of a motion, application, action or appeal that is abandoned or deemed to be abandoned may be assessed on filing in the office of the assessment officer,

(a) the notice of motion or application served, together with an affidavit that the notice was not filed within the prescribed time or that the moving party, applicant, plaintiff or appellant did not appear at the hearing;

(b) the notice of abandonment served; or

(c) a copy of the order dismissing the action or appeal as abandoned.

5. Subrule 61.09 (2) of the Regulation is amended by striking out “may move for an order” and substituting “may move before a judge of the appellate court for an order”.

6. (1) Subrule 74.04 (1) of the Regulation is amended by striking out “(Form 74.4 or 74.5)” and substituting “(Form 74.4 or 74.5 or, if the application is for a certificate limited to assets referred to in the will, Form 74.4.1 or 74.5.1)”.

(2) Rule 74.04 of the Regulation is amended by adding the following subrule:

(9) The certificate of appointment of estate trustee with a will limited to the assets referred to in the will shall be in Form 74.13.1.

7. Clause 74.08 (1) (a) of the Regulation is revoked and the following substituted:

(a) two certified copies of the document under the seal of the court that granted it, or the original document and one certified copy under the seal of the court that granted it;

8. Clause 74.09 (1) (a) of the Regulation is revoked and the following substituted:

(a) two certified copies of the document under the seal of the court that granted it;

9. Rule 76.05.1 of the Regulation is amended by adding the following subrule:

Effect on Subsequent Action

(8) The dismissal of an action as abandoned has the same effect as a dismissal for delay under rule 24.05.

10. Rule 77.08 of the Regulation is amended by adding the following subrule:

(2) The dismissal of an action as abandoned has the same effect as a dismissal for delay under rule 24.05.

11. Form 4F of the Regulation is amended by striking out “Constitutional Law Branch, 7th floor” and substituting “Constitutional Law Branch, 8th floor”.

12. Form 14A of the Regulation is amended by striking out “If you believe the amount claimed for costs is excessive, you may pay the plaintiff’s claim and $100 for costs” and substituting “If you believe the amount claimed for costs is excessive, you may pay the plaintiff’s claim and $400 for costs”.

13. Form 14B of the Regulation is amended, by striking out “If you believe the amount claimed for costs is excessive, you may pay the plaintiff’s claim and $100 for costs” and substituting “If you believe the amount claimed for costs is excessive, you may pay the plaintiff’s claim and $400 for costs”.

14. Form 14C of the Regulation is amended by striking out “If you believe the amount claimed for costs is excessive, you may pay the plaintiff’s claim and $100 for costs” and substituting “If you believe the amount claimed for costs is excessive, you may pay the plaintiff’s claim and $400 for costs”.

15. Form 27B of the Regulation is amended by striking out “If you believe the amount claimed for costs is excessive, you may pay the amount of the counterclaim and $100 for costs” and substituting “If you believe the amount claimed for costs is excessive, you may pay the amount of the counterclaim and $400 for costs”.

16. Form 29A of the Regulation is amended by striking out “If you believe the amount claimed for costs is excessive, you may pay the amount of the third party claim and $100 for costs” and substituting “If you believe the amount claimed for costs is excessive, you may pay the amount of the third party claim and $400 for costs”.

17. Form 74.3 of the Regulation is amended by striking out “I have a financial interest in the estate” and substituting “I have or appear to have a financial interest in the estate”.

18. The Regulation is amended by adding the following Form:

Form 74.4.1

Courts of Justice Act

Insert regs\Graphics\Source Law\2000\653\653074.4.1ae.tif

Insert regs\Graphics\Source Law\2000\653\653074.4.1be.tif

19. The Regulation is amended by adding the following Forms:

Form 74.5.1

Courts of Justice Act

Insert regs\Graphics\Source Law\2000\653\653074.5.1ae.tif

Insert regs\Graphics\Source Law\2000\653\653074.5.1be.tif

. . . . .

Form 74.13.1

Courts of Justice Act

Insert regs\Graphics\Source Law\2000\653\653074.13.1ae.tif

20. Form 74.27 of the Regulation is revoked and the following substituted:

Form 74.27

Courts of Justice Act

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21. Form 75.5 of the Regulation is amended by striking out “as soon as possible, but not later than 2 p.m. on the day before the hearing” and substituting “as soon as possible, but not later than two days before the hearing”.

22. This Regulation comes into force on March 1, 2001.

 

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