You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

O. Reg. 113/01: RULES OF CIVIL PROCEDURE

filed April 20, 2001 under Courts of Justice Act, R.S.O. 1990, c. C.43

Skip to content

Français

ONTARIO regulation 113/01

made under the

courts of justice act

Made:  February 21, 2001
Approved:  April 18, 2001
Filed:  April 20, 2001
Printed in The Ontario Gazette: May 5, 2001

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

(Rules of Civil Procedure)

1. Subrules 12.04 (2), (3) and (4) of Regulation 194 of the Revised Regulations of Ontario, 1990 are revoked and the following substituted:

Notice to Foundation, Opportunity to Participate

(2) If the court is of the opinion that the defendant or respondent may be entitled to an award of costs, the court shall direct the plaintiff or applicant to give notice to the Foundation.

(3) When the court has made a direction under subsection (2),

(a) no order for costs or assessment of costs shall be made unless the Foundation has had an opportunity to present evidence and make submissions in respect of costs; and

(b) the Foundation is a party for the purpose of an appeal in relation to costs.

Failure to Accept Defendant’s Offer

(4) Subrule 49.10 (2) (costs consequences of offer) does not apply.

2. Subrule 16.01 (2) of the Regulation is revoked and the following substituted:

(2) A party who has not been served with the originating process but delivers a defence, notice of intent to defend or notice of appearance shall be deemed to have been served with the originating process as of the date of delivery.

3. Subrule 19.01 (1) of the Regulation is amended by striking out “on filing proof of service of the statement of claim” and substituting “on filing proof of service of the statement of claim, or of deemed service under subrule 16.01 (2)”.

4. Subrule 63.01 (3) of the Regulation is revoked and the following substituted:

Eviction Order Under Tenant Protection Act, 1997

(3) The delivery of a notice of appeal from an interlocutory or final order made under the Tenant Protection Act, 1997 stays, until the disposition of the appeal, any provision of the order declaring a tenancy agreement terminated or evicting a person.

5. (1) Subrule 77.01 (1) of the Regulation is amended by striking out “and” at the end of clause (a), by striking out clause (b) and substituting the following:

(b) commenced in The Municipality of Metropolitan Toronto or the City of Toronto before July 3, 2001 and randomly assigned to case management by the registrar, acting under the direction of the regional senior judge; and

(c) commenced in the City of Toronto on or after July 3, 2001 and assigned to case management by the registrar, acting under the direction of the regional senior judge.

(2) Clause 77.01 (2) (d) of the Regulation is revoked and the following substituted:

(d) actions or applications under Rules 74 and 75;

(d.0.1)  applications for the removal or replacement of personal representatives under the Trustee Act;

(d.0.2)  applications under Part V of the Succession Law Reform Act

(d.0.3)  applications for guardianship of property or persons under the Substitute Decisions Act, 1992;

(d.0.4)  applications for equalization under subsection 5 (2) of the Family Law Act;

(d.0.5)  applications for guardianship under the Children’s Law Reform Act;

6. The definition of “timetable” in rule 77.03 of the Regulation is revoked and the following substituted:

“timetable” means a schedule for the completion of one or more steps required to advance the proceeding (including delivery of affidavits of documents, examinations under oath, where available, or motions), established by,

(a) an order of a case management judge or case management master, or

(b) a written agreement of the parties that is not contrary to an order; (“calendrier”)

7. Rule 77 of the Regulation is amended by adding the following rule:

ASSIGNMENT OF PARTICULAR JUDGE

On Consent of Parties

77.09.1 (1) A regional senior judge or a judge designated by him or her may, with the written consent of all parties, assign one or more proceedings to a judge, or in exceptional circumstances to two or more judges, for management in accordance with rules 77.10 to 77.17.

On Motion ¾ Action

(2) In an action, on the filing of the last defence or on the expiration of the time for filing defences, a regional senior judge or a judge designated by him or her may, on a party’s motion, assign the action to a judge, or in exceptional circumstances to two or more judges, for management in accordance with rules 77.10 to 77.17.

On Motion ¾ Application

(3) In an application, on the filing of the last notice of appearance or on the expiration of the time for filing notices of appearance, a regional senior judge or a judge designated by him or her may, on a party’s motion, assign the application to a judge, or in exceptional circumstances to two or more judges, for management in accordance with rules 77.10 to 77.17.

Multiple Proceedings

(4) Two or more actions or applications may be assigned together under subrule (2) or (3).

Criteria

(5) In considering whether to assign a proceeding in accordance with this rule, the regional senior judge or designated judge shall have regard to all the relevant circumstances, including,

(a) the purpose of case management;

(b) the complexity of the issues of fact or law;

(c) the importance to the public of the issues of fact or law;

(d) the number of parties or prospective parties;

(e) the number of proceedings involving the same or similar parties or causes of action;

(f) the amount of intervention by the case management judge that the proceeding is likely to require;

(g) the time required for discovery, if applicable, and for preparation for trial or hearing;

(h) the number of expert witnesses and other witnesses;

(i) the time required for the trial or hearing; and

(j) any other factors that the judge considers relevant or that are raised by a party.

Assistance by Case Management Master

(6) A judge or group of judges to whom a proceeding is assigned under this rule may assign a case management master or, in exceptional circumstances, two or more case management masters, to assist in managing the proceeding.

8. Rule 77.10 of the Regulation is revoked and the following substituted:

TIMETABLES AND COMPLIANCE WITH TIME REQUIREMENTS

Time Requirement Established by Rules

77.10 (1) If a party fails to comply with a time requirement established by these rules, a case management judge or case management master may convene a case conference and at the case conference may,

(a) establish or amend a timetable and order the party to comply with it; and

(b) order the party to pay costs.

Duty of Plaintiff

(2) Within 180 days after the commencement of a proceeding to which this Rule applies, the plaintiff shall,

(a) file a timetable; or

(b) request a case conference to establish a timetable.

Duty of Case Management Judge or Case Management Master

(3) If the plaintiff fails to comply with subrule (2), a case management judge or case management master shall convene a case conference to establish a timetable.

Limited Application

(4) Subrules (2) and (3) do not apply to proceedings,

(a) commenced before July 3, 2001 in the City of Toronto;

(b) commenced on or after January 1, 2001 in the City of Ottawa, as established by the City of Ottawa Act, 1999;

(c) commenced before January 1, 2001 in The Regional Municipality of Ottawa-Carleton.

Contents of Timetable

(5) A timetable established under this rule shall,

(a) provide for the completion of examinations for discovery and any incidental motions at least 10 days before the settlement conference under rule 77.14; or

(b) include an explanation of the non-compliance with clause (a).

Case Conference to Review Timetable

(6) A case management judge or case management master may convene a case conference to review a timetable established under this rule.

Non-Compliance with Timetable

(7) If a party fails to comply with a time requirement set out in a timetable established under this rule, a case management judge or case management master may,

(a) strike out any document filed by the party;

(b) dismiss the party’s proceeding or strike out the party’s defence;

(c) amend the timetable and order the party to comply with it;

(d) order the party to pay costs; and

(e) make any other order that is just.

9. Clause 77.11 (1) (e) of the Regulation is amended by striking out “and give directions” and substituting “give directions and award costs”.

10. Clause 77.12 (2.1) (b) of the Regulation is revoked and the following substituted:

(b) by attendance, in writing, by fax or under rule 1.08 (telephone and video conferences).

11. (1) Subrules 77.13 (5) and (6) of the Regulation are revoked and the following substituted:

Powers of Judge

(5) At the conference, a case management judge may, where appropriate, in addition to exercising the powers conferred by subrule 77.11 (1),

(a) make a procedural order;

(b) on consent of the parties, make an order for interlocutory relief;

(c) on consent of the parties, refer any issue for alternative dispute resolution;

(d) convene a settlement conference;

(e) convene a hearing; and

(f) give directions.

Powers of Case Management Master

(6) At the conference, a case management master may, where appropriate, in addition to exercising the powers conferred by subrule 77.11 (1),

(a) make a procedural order;

(b) on consent of the parties, make an order within the jurisdiction of a case management master;

(c) on consent of the parties, refer any issue for alternative dispute resolution; and

(d) convene a settlement conference.

(2) Subrule 77.13 (8) of the Regulation is revoked.

12. Subrule 77.15 (3) of the Regulation is amended by adding “in addition to exercising the powers conferred by subrule 77.11 (1)” after “case management master may”.

13. Rule 77.17 of the Regulation is revoked.

14. Form 77C of the Regulation is amended by striking out the portions headed “METHOD OF HEARING REQUESTED” and “ORDER SOUGHT BY THIS PARTY” and substituting the following:

METHOD OF HEARING REQUESTED

[ ] by attendance

[ ] in writing only, no attendance

[ ] by fax

[ ] by telephone conference under rule 1.08

[ ] by video conference under rule 1.08

Date, time and place for attendance or for telephone or video conference

………………………………………………………………………..

(date)

(time)

(place)

 

 

 

ORDER SOUGHT BY THIS PARTY (Responding party is presumed to request dismissal of motion and costs)

[ ]

Extension of time ¾ until (give specific date): ....……….…

[ ]

serve claim/application [ ] file or deliver defence.

[ ]

complete discoveries ........……………………….…………

[ ]

Other ….………………………………………….…………

[ ]

Assignment of the proceeding (and related proceedings if applicable) to judge(s) for case management

[ ]

Other relief ¾ be specific ....………………………………

 

 

 

15. (1) Item 1 of Part I of Tariff A to the Regulation is amended by adding the following:

This item also includes notices of commencement of proceeding under rule 77.06 and notices of defence under rule 77.09.

(2) Item 10 of Part I of Tariff A to the Regulation is revoked.

(3) Item 10.1 of Part I of Tariff A to the Regulation is amended by striking out “under rule 76.07” and substituting “under rule 76.07 or rule 77.14”.

(4) Part I of Tariff A to the Regulation is amended by adding the following items:

10.2

Case conference under rule 77.13 …………

$100

 

This item includes preparation and counsel fee.

 

10.3

Trial management conference under rule 77.15 ….…………….……………………...

$100

 

This item includes preparation and counsel fee.

 

10.4

Pre-trial conference .…………….............…

$100

 

This item includes preparation, counsel fee and preparation of memorandum and order.

 

 

An increased fee and a fee to junior counsel may be allowed in the discretion of the assessment officer.

 

 

 

 

16. This Regulation comes into force on July 3, 2001.

 

Français