O. Reg. 284/01: RULES OF CIVIL PROCEDURE

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

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ONTARIO regulation 284/01

made under the

COURTS OF JUSTICE aCT

Made: May 14, 2001
Approved: July 19, 2001
Filed: July 20, 2001
Printed in The Ontario Gazette: August 4, 2001

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

(Rules of Civil Procedure)

Note: Since the end of 2000, Regulation 194 has been amended by Ontario Regulations 113/01, 243/01 and 244/01. Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 20, 2001.

1. Clause 1.01 (2) (a) of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by striking out “rules 1.01 to 1.06” and substituting “rules 1.01 to 1.08”.

2. Rule 1.03 of the Regulation is amended by adding the following definitions:

“partial indemnity costs” mean costs awarded under the partial indemnity scale of a costs grid established by Part I of Tariff A, and “on a partial indemnity basis” has a corresponding meaning; (“dépens d’indemnisation partielle”)

“substantial indemnity costs” mean costs awarded under the substantial indemnity scale of a costs grid established by Part I of Tariff A, and “on a substantial indemnity basis” has a corresponding meaning. (“dépens d’indemnisation substantielle”)

3. Rule 1.04 of the Regulation is amended by adding the following subrules:

“Party and Party” Costs

(4) If a statute, regulation or other document refers to party and party costs, these rules apply as if the reference were to partial indemnity costs.

“Solicitor and Client” Costs

(5) If a statute, regulation or other document refers to solicitor and client costs, these rules apply as if the reference were to substantial indemnity costs.

4. Rule 14.03.1 of the Regulation is amended by striking out “subrule 76.02 (2)” and substituting “subrule 76.02 (3)”.

5. Subrule 14.08 (3) of the Regulation is revoked and the following substituted:

Dismissal by Registrar

(3) Subrules (1) and (2) are subject to rules 76.06 and 77.08, which provide that in certain circumstances the registrar shall make an order dismissing the action as abandoned.

6. Subrule 20.04 (2) of the Regulation is revoked and the following substituted:

(2) The court shall grant summary judgment if,

(a) the court is satisfied that there is no genuine issue for trial with respect to a claim or defence; or

(b) the parties agree to have all or part of the claim determined by a summary judgment and the court is satisfied that it is appropriate to grant summary judgment.

7. (1) Subrule 20.06 (1) of the Regulation is amended by striking out “on a solicitor and client basis” and substituting “on a substantial indemnity basis”.

(2) Subrule 20.06 (2) of the Regulation is amended by striking out “on a solicitor and client basis” and substituting “on a substantial indemnity basis”.

8. Subrule 34.02 (3) of the Regulation is amended by striking out “on a solicitor and client basis” and substituting “on a substantial indemnity basis”.

9. Subrule 37.03 (5) of the Regulation is amended by striking out “on a solicitor and client basis” and substituting “on a substantial indemnity basis”.

10. Clause 39.02 (4) (b) of the Regulation is amended by striking out “party and party costs” and substituting “partial indemnity costs”.

11. (1) Subrule 49.10 (1) of the Regulation is amended,

(a) by striking out “party and party costs” and substituting “partial indemnity costs”; and

(b) by striking out “solicitor and client costs” and substituting “substantial indemnity costs”.

(2) Subrule 49.10 (2) of the Regulation is amended by striking out “party and party costs” wherever it appears and substituting in each case “partial indemnity costs”.

12. Rule 50.07 of the Regulation is amended by striking out “Subrule 50.04 (1)” and substituting “Rule 50.04”.

13. Rule 53.08 of the Regulation is revoked and the following substituted:

EVIDENCE ADMISSIBLE ONLY WITH LEAVE

53.08 (1) If evidence is admissible only with leave of the trial judge under a provision listed in subrule (2), leave shall be granted on such terms as are just and with an adjournment if necessary, unless to do so will cause prejudice to the opposite party or will cause undue delay in the conduct of the trial.

(2) Subrule (1) applies with respect to the following provisions:

1. Sub rule 30.08 (1) (failure to disclose document).

2. R ule 30.09 (failure to abandon claim of privilege).

3. R ule 31.07 (refusal to disclose information on discovery).

4. S ubrule 31.09 (3) (failure to correct answers on discovery).

5. S ubrule 53.03 (3) (failure to serve expert’s report).

6. Subrule 76.03 (3) (failure to disclose witness).

14. The heading of Rule 57 of the Regulation is revoked and the following substituted:

RULE 57 COSTS OF PROCEEDINGS

15. (1) Subrule 57.01 (3) of the Regulation is revoked and the following substituted:

Fixing Costs: Tariffs

(3) When the court awards costs, it shall fix them in accordance with subrule (1) and the Tariffs.

Assessment in Exceptional Cases

(3.1) Despite subrule (3), in an exceptional case the court may refer costs for assessment under Rule 58.

(2) Clause 57.01 (4) (c) of the Regulation is amended by striking out “solicitor and client” and substituting “substantial indemnity”.

(3) Rule 57.01 of the Regulation is amended by adding the following subrule:

Bill of Costs

(5) After a trial, the hearing of a motion that disposes of a proceeding or the hearing of an application, a party who is awarded costs shall serve a bill of costs (Form 57A) on the other parties and shall file it, with proof of service.

16. Subrule 57.03 (1) of the Regulation is revoked and the following substituted:

Contested Motion

(1) On the hearing of a contested motion, unless the court is satisfied that a different order would be more just, the court shall,

(a) fix the costs of the motion and order them to be paid within 30 days; or

(b) in an exceptional case, refer the costs of the motion for assessment under Rule 58 and order them to be paid within 30 days after assessment.

17. Rule 58.01 of the Regulation is amended by striking out “between party and party”.

18. Subrules 58.05 (1) and (2) of the Regulation are revoked and the following substituted:

Generally

(1) If costs are to be assessed, the assessment officer shall assess and allow,

(a) lawyers’ fees and disbursements in accordance with subrule 57.01 (1) and the Tariffs; and

(b) disbursements for fees paid to the court, a court reporter, an official examiner or a sheriff under the regulations under the Administration of Justice Act.

(2) No other fees, disbursements or charges shall be assessed or allowed unless the court orders otherwise.

19. Rule 58.09 of the Regulation is amended by striking out “party and party costs” and substituting “costs”.

20. Subrule 58.12 (3) of the Regulation is amended by striking out “between party and party” and substituting “between parties”.

21. Clause 61.10 (1) (a) of the Regulation is revoked and the following substituted:

(a) a table of contents describing each document by its nature and date;

22. Subrule 61.10.1 (2) of the Regulation is revoked.

23. (1) Subrule 61.12.1 (3) of the Regulation is amended by striking out “at least 60 days before the date scheduled for the hearing” and substituting “at least 10 days before the date scheduled for the hearing”.

(2) Subrule 61.12.1 (5) of the Regulation is revoked and the following substituted:

(5) A compendium or joint compendium shall contain the following, in consecutively numbered pages arranged in the following order:

1. A table of contents describing each excerpt from the transcript of evidence and each exhibit included in the compendium by its nature, date and exhibit number or letter.

2. The excerpts from the transcript of evidence referred to in the factum of the party filing the compendium (or in the factums of the parties, in the case of a joint compendium), and any additional excerpts from the transcript of evidence to which the party filing the compendium intends to refer during the hearing of the appeal (or to which the parties intend to refer, in the case of a joint compendium).

3. The exhibits referred to in the factum of the party filing the compendium (or in the factums of the parties, in the case of a joint compendium), and any additional exhibits to which the party filing the compendium intends to refer during the hearing of the appeal (or to which the parties intend to refer, in the case of a joint compendium). The exhibits shall be arranged in order by date (or, if there are documents with common characteristics, grouped accordingly in order by date) and not by exhibit number.

(6) A party who intends to refer at the hearing of an appeal to an excerpt from the transcript of evidence or to an exhibit that is not contained in a compendium or joint compendium shall,

(a) serve a supplementary compendium containing the relevant material on every other party and on any person entitled by statute or under rule 13.03 (intervention in appeal) to be heard on the appeal; and

(b) file with proof of service, no later than two days before the hearing, three copies of the supplementary compendium, or five copies if the appeal is heard by five judges.

Relief from Compliance

(7) Where compliance with this rule would cause undue expense or delay, a judge of the appellate court may give special directions.

24. Subrule 69.24 (6.6) of the Regulation is amended by striking out “solicitor and client costs” and substituting “substantial indemnity costs”.

25. Rule 76 of the Regulation is revoked and the following substituted:

RULE 76 SIMPLIFIED PROCEDURE

APPLICATION OF RULE

76.01 (1) The simplified procedure set out in this Rule does not apply to actions under,

(a) the Class Proceedings Act, 1992;

(b) the Construction Lien Act;

Application of Other Rules

(2) The rules that apply to an action apply to an action that is proceeding under this Rule, unless this Rule provides otherwise.

AVAILABILITY OF SIMPLIFIED PROCEDURE

When Mandatory

76.02 (1) The procedure set out in this Rule shall be used in an action if the following conditions are satisfied:

1. The plaintiff’s claim is exclusively for one or more of the following:

i. Money.

ii. Real property.

iii. Personal property.

2. The total of the following amounts is $50,000 or less, exclusive of interest and costs:

i. The amount of money claimed, if any.

ii. The fair market value of any real property and of any personal property, as at the date the action is commenced.

(2) If there are two or more plaintiffs, the procedure set out in this Rule shall be used if each plaintiff’s claim, considered separately, meets the requirements of subrule (1).

When Optional

(3) The procedure set out in this Rule may be used in any other action at the option of the plaintiff, subject to subrules (4) to (9).

Originating Process

(4) The statement of claim (Form 14A, 14B or 14D) or notice of action (Form 14C) shall indicate that the action is being brought under this Rule.

Action Continues to Proceed Under Rule

(5) An action commenced under this Rule continues to proceed under this Rule unless,

(a) the defendant objects in the statement of defence to the action proceeding under this Rule because the plaintiff’s claim does not comply with subrule (1), and the plaintiff does not abandon in the reply the claims or parts of claims that do not comply; or

(b) a defendant by counterclaim, crossclaim or third party claim objects in the statement of defence to the counterclaim, crossclaim or third party claim proceeding under this Rule because the counterclaim, crossclaim or third party claim does not comply with subrule (1), and the defendant does not abandon in the reply to the counterclaim, crossclaim or third party claim the claims or parts of claims that do not comply.

Continuance Under Ordinary Procedure — Where Notice Required

(6) If an action commenced under this Rule may no longer proceed under this Rule because of an amendment to the pleadings or as a result of the operation of subrule (5),

(a) the action is continued under the ordinary procedure or under Rule 77, as the case may be; and

(b) the plaintiff shall deliver, after all the pleadings have been delivered or at the time of amending the pleadings, as the case may be, a notice (Form 76A) stating that the action and any related proceedings are continued as an ordinary action or under Rule 77, as the case may be.

Continuance Under Simplified Procedure — Where Notice Required

(7) An action that was not commenced under this Rule is continued under this Rule if,

(a) a party’s pleading is amended;

(b) the amended pleading complies with subrule (1);

(d) the consent of all the parties is filed.

(8) The plaintiff shall deliver a notice (Form 76A) stating that the action and any related proceedings are continued under this Rule.

Effect of Abandonment

(9) A party who abandons a claim or part of a claim or amends a pleading so that the claim, counterclaim, crossclaim or third party claim complies with subrule (1) may not bring the claim or part in any other proceeding.

AFFIDAVIT OF DOCUMENTS

Copies of Documents

76.03 (1) A party to an action under this Rule shall, within 10 days after the close of pleadings, serve on every other party,

(a) an affidavit of documents (Form 30A or 30B) disclosing to the full extent of the party’s knowledge, information and belief all documents relating to any matter in issue in the action that are or have been in the party’s possession, control or power; and

(b) copies of the documents referred to in Schedule A of the affidavit of documents.

List of Potential Witnesses

(2) The affidavit of documents shall include a list of the names and addresses of persons who might reasonably be expected to have knowledge of matters in issue in the action, unless the court orders otherwise.

Effect of Failure to Disclose

(3) At the trial of the action, a party may not call as a witness a person whose name has not been disclosed in the party’s affidavit of documents or any supplementary affidavit of documents, unless the court orders otherwise.

Lawyer’s Certificate

(4) The lawyer’s certificate under subrule 30.03 (4) (full disclosure in affidavit) shall include a statement that the lawyer has explained to the deponent the necessity of complying with subrules (1) and (2).

NO DISCOVERY, CROSS-EXAMINATION ON AN AFFIDAVIT OR EXAMINATION OF A WITNESS

76.04 The following are not permitted in an action under this Rule:

1. Examination for discovery under rule 31.03 or 31.10.

2. Examination for discovery by written questions and answers under Rule 35.

3. Cross-examination of a deponent on an affidavit under rule 39.02.

4. Examination of a witness on a motion under rule 39.03.

MOTIONS

Motion Form

76.05 (1) The moving party shall serve a motion form (Form 76B) in accordance with rule 37.07 and shall submit it to the court before the motion is heard.

Place of Hearing

(2) Unless the parties agree otherwise or the court orders otherwise, the motion shall be heard in the county where the action was commenced.

Procedure

(3) Depending on the practical requirements of the situation, the motion may be made,

(a) with or without supporting material or a motion record;

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

Motions Dealt With by Registrar

(4) When a motion described in subrule (5) meets one of the following conditions, the registrar shall make an order granting the relief sought:

1. The motion is for an order on consent, the consent of all parties is filed and the consent states that no party affected by the order is under disability.

2. No responding material is filed and the notice of motion or the motion form states that no party affected by the order is under disability.

(5) Subrule (4) applies to a motion for,

(a) amendment of a pleading or notice of motion;

(b) addition, deletion or substitution of a party whose consent is filed;

(d) setting aside the noting of a party in default;

(e) setting aside a default judgment;

(f) discharge of a certificate of pending litigation;

(g) security for costs in a specified amount; or

(h) dismissal of a proceeding with or without costs.

Disposition

(6) The court or registrar shall record the disposition of the motion on the motion form.

(7) No formal order is required unless,

(a) the court or registrar orders otherwise;

(b) an appeal is made to a judge; or

DISMISSAL BY REGISTRAR

If No Defence Filed

76.06 (1) The registrar shall make an order dismissing an action as abandoned if the following conditions are satisfied, unless the court orders otherwise:

1. More than 180 days have passed since the date the originating process was issued.

2. No statement of defence has been filed.

3. The action has not been disposed of by final order or judgment.

4. The action has not been set down for trial or summary trial.

5. The registrar has given 45 days notice that the action will be dismissed as abandoned.

If Defence Filed

(2) The registrar shall make an order dismissing an action as abandoned if the following conditions are satisfied, unless the court orders otherwise:

1. More than 150 days have passed since the filing of the first statement of defence or notice of intent to defend.

2. The action has not been disposed of by final order or judgment.

3. The action has not been set down for trial or summary trial.

4. The registrar has given 45 days notice that the action will be dismissed as abandoned.

Service on Parties

(3) The registrar shall serve a copy of the order made under subrule (1) or (2) on the parties.

Effect on Subsequent Action

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

SUMMARY JUDGMENT

Where Available

76.07 (1) After the close of pleadings, a party may move before a judge with supporting affidavit material for summary judgment.

Place of Hearing

(2) Unless the parties agree otherwise or the court orders otherwise, the motion shall be heard in the county where the action was commenced.

Application of Summary Judgment Procedure

(3) Rules 20.05, 20.07, 20.08 and 20.09 (summary judgment procedure) apply to the motion, but rules 20.01 to 20.04 (availability, affidavits, factums, disposition of motion) and rule 20.06 (costs) do not apply.

Responding Party’s Material

(4) In response to affidavit material supporting the motion, the responding party may not rest on the mere allegations or denials of the party’s pleadings, but is required to set out, in affidavit material, specific facts to show that judgment ought not to be granted.

Contents of Affidavit

(5) An affidavit for use on the motion may be made on information and belief as permitted by subrule 39.01 (4), but on the hearing of the motion an adverse inference may be drawn, if appropriate, from a party’s failure to provide the evidence of persons having personal knowledge of contested facts.

Motion Record Required

(6) The moving party shall serve a motion record on every other party to the motion and file it, with proof of service, in the court office where the motion is to be heard, at least two days before the hearing of the motion.

Contents of Motion Record

(7) The motion record shall contain, in consecutively numbered pages arranged in the following order,

(a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter;

(b) a copy of the notice of motion;

(d) a copy of the pleadings, including those relating to any counterclaim, crossclaim or third party claim.

Factums Required

(8) Every party to the motion shall serve on every other party a factum consisting of a concise statement of the facts and law relied upon by the party and file it, with proof of service, in the court office where the motion is to be heard, at least two days before the hearing of the motion.

Test for Summary Judgment

(9) The presiding judge shall grant judgment on the motion unless,

(a) he or she is unable to decide the issues in the action without cross-examination; or

(b) it would be otherwise unjust to decide the issues on the motion.

If Trial Necessary

(10) If summary judgment is refused or is granted only in part, the presiding judge shall determine the mode of trial that is appropriate in all the circumstances.

SETTLEMENT DISCUSSION AND DOCUMENTARY DISCLOSURE

76.08 Within 60 days after the filing of the first statement of defence or notice of intent to defend, the parties shall, in a meeting or telephone call, consider whether,

(a) all documents relating to any matter at issue have been disclosed; and

(b) settlement of any or all issues is possible.

HOW DEFENDED ACTION IS SET DOWN FOR TRIAL OR SUMMARY TRIAL

Notice of Readiness for Pre-Trial Conference

76.09 (1) Despite rule 48.02 (how action set down for trial), the plaintiff shall, within 90 days after the first statement of defence or notice of intent to defend is filed, set the action down for trial by serving a notice of readiness for pre-trial conference (Form 76C) on every party to the action and any counterclaim, crossclaim or third party claim and forthwith filing the notice with proof of service.

(2) If the plaintiff does not act under subrule (1), any other party may do so.

Certificate

(3) The party who sets the action down for trial shall certify in the notice of readiness for pre-trial conference that there was a settlement discussion.

PRE-TRIAL CONFERENCE

Notice

76.10 (1) The registrar shall serve notice of a pre-trial conference at least 45 days before the scheduled date.

Attendance

(2) A party and his or her lawyer shall, unless the court orders otherwise, participate in the pre-trial conference,

(a) by personal attendance; or

(b) under rule 1.08 (telephone and video conferences) if personal attendance would require undue amounts of travel time or expense.

Authority to Settle

(3) A party who requires another person’s approval before agreeing to a settlement shall, before the pre-trial conference, arrange to have ready telephone access to the other person throughout the conference, whether it takes place during or after regular business hours.

Documents

(4) At least five days before the pre-trial conference, each party shall,

(a) file,

(i) a copy of the party’s affidavit of documents and copies of the documents relied on for the party’s claim or defence,

(ii) a copy of any expert report, and

(iii) any other material necessary for the conference; and

(b) deliver,

(i) a two-page statement setting out the issues and the party’s position with respect to them, and

(ii) a trial management checklist (Form 76D).

Trial Date

(5) The pre-trial conference judge or master shall fix a date for trial, subject to the direction of the regional senior judge.

Mode of Trial

(6) The parties may agree that the trial shall be an ordinary trial or a summary trial under rule 76.12; if they do not agree, the pre-trial conference judge or master shall determine the mode of trial that is appropriate in all the circumstances.

(7) If the trial is to be a summary trial under rule 76.12, the pre-trial conference judge or master may vary the order and time of presentation.

PLACING DEFENDED ACTION ON TRIAL LIST

Registrar

76.11 (1) The registrar shall place a defended action on the appropriate trial list immediately after the pre-trial conference.

Trial Record

(2) At least 10 days before the date fixed for trial, the party who set the action down for trial shall serve a trial record on every party to the action and any counterclaim, crossclaim or third party claim, and file the record with proof of service.

(3) In the case of an ordinary trial, the trial record shall be prepared in accordance with rule 48.03.

(4) In the case of a summary trial under rule 76.12, the trial record shall contain, in consecutively numbered pages arranged in the following order,

(a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter;

(b) a copy of the pleadings, including those relating to any counterclaim, crossclaim or third party claim;

(d) a copy of any order respecting the trial;

(e) a copy of all the affidavits served by all the parties for use on the summary trial; and

(f) a certificate signed by the solicitor of the party filing the trial record, stating that it contains the documents described in clauses (a) to (e).

SUMMARY TRIAL

Procedure

76.12 (1) At a summary trial, the evidence and argument shall be presented as follows, subject to any direction under subrule 76.10 (7):

1. The plaintiff shall adduce evidence by affidavit.

2. A party who is adverse in interest may cross-examine the deponent of any affidavit served by the plaintiff.

3. The plaintiff may re-examine any deponent who is cross-examined under this subrule for not more than 10 minutes.

4. When any cross-examinations and re-examinations of the plaintiff’s deponents are concluded, the defendant shall adduce evidence by affidavit.

5. A party who is adverse in interest may cross-examine the deponent of any affidavit served by a defendant.

6. A party shall complete all of the party’s cross-examinations within 50 minutes.

7. A defendant may re-examine any deponent who is cross-examined under this subrule for not more than 10 minutes.

8. When any cross-examinations and re-examinations of the defendant’s deponents are concluded, the plaintiff may, with leave of the trial judge, adduce any proper reply evidence.

9. After the presentation of evidence, each party may make oral argument for not more than 45 minutes.

(2) The trial judge may extend a time provided in subrule (1).

(3) A party who intends to cross-examine the deponent of an affidavit at the summary trial shall, at least 10 days before the date fixed for trial, give notice of that intention to the party who filed the affidavit, who shall arrange for the deponent’s attendance at the trial.

Judgment after Summary Trial

(4) The judge shall grant judgment after the conclusion of the summary trial.

COSTS CONSEQUENCES

Opting In

76.13 (1) Regardless of the outcome of the action, if this Rule applies as the result of amendment of the pleadings under subrule 76.02 (7), the party whose pleadings are amended shall pay, on a substantial indemnity basis, the costs incurred by the opposing party up to the date of the amendment that would not have been incurred had the claim originally complied with subrule 76.02 (1), unless the court orders otherwise.

Plaintiff Denied Costs

(2) Subrules (3) to (10) apply to a plaintiff who obtains a judgment that satisfies the following conditions:

1. The judgment awards exclusively one or more of the following:

i. Money.

ii. Real property.

iii. Personal property.

2. The total of the following amounts is $50,000 or less, exclusive of interest and costs:

i. The amount of money awarded, if any.

ii. The fair market value of any real property and of any personal property awarded, as at the date the action is commenced.

(3) The plaintiff shall not recover any costs unless,

(a) the action was proceeding under this Rule at the commencement of the trial; or

(b) the court is satisfied that it was reasonable for the plaintiff to have commenced and continued the action under the ordinary procedure.

(4) Subrule (3) applies despite subrule 49.10 (1) (plaintiff’s offer to settle).

(5) Subrule (3) does not apply if this Rule was unavailable because of the counterclaim, crossclaim or third party claim of another party.

Plaintiff may be Ordered to Pay Defendant’s Costs

(6) The plaintiff may, in the trial judge’s discretion, be ordered to pay all or part of the defendant’s costs, including substantial indemnity costs, in addition to any costs the plaintiff is required to pay under subrule 49.10 (2) (defendant’s offer to settle).

Defendant Objecting to Simplified Procedure

(7) In an action that includes a claim for real or personal property, if the defendant objected to proceeding under this Rule on the ground that the property’s fair market value exceeded $50,000 at the date the action was commenced and the court finds the value did not exceed that amount at that date, the defendant shall pay, on a substantial indemnity basis, the costs incurred by the plaintiff that would not have been incurred had the claim originally complied with subrule 76.02 (1), unless the court orders otherwise.

Burden of Proof

(8) The burden of proving that the fair market value of the real or personal property at the date of commencement of the action was $50,000 or less is on the plaintiff.

Counterclaims, Crossclaims and Third Party Claims

(9) Subrules (1) to (8) apply, with necessary modifications, to counterclaims, crossclaims and third party claims.

Transition

(10) In the case of an action that was commenced before January 1, 2002, subrules (2), (7) and (8) apply as if “$50,000” read “$25,000”.

26. Subrules 77.06 (3), (4), (4.1), (8), (9) and (10) of the Regulation are revoked.

27. Rule 77.09 of the Regulation is revoked and the following substituted:

DEFENCE OF PROCEEDING

Notice of Defence

77.09 (1) A defendant who serves a defence shall complete and deliver a notice of defence (Form 77B).

Assignment to Case Management

(2) On the filing of a defence, the proceeding shall be assigned to a case management judge or team for management in accordance with rules 77.10 to 77.17.

28. Subrule 77.13 (7) of the Regulation is revoked.

29. (1) Subrule 77.14 (4) of the Regulation is amended by striking out “Except in actions to which Rule 76 applies”.

(2) Subrule 77.14 (5) of the Regulation is amended by striking out “Except in actions to which Rule 76 applies”.

(3) Subrule 77.14 (9) of the Regulation is revoked.

30. Subrule 77.15 (4) of the Regulation is revoked.

31. Form 14B of the Regulation is amended by striking out “(on a solicitor and client basis if the mortgage so provides)” in paragraph 1 (e) under the heading “CLAIM” and substituting “(on a substantial indemnity basis if the mortgage so provides, or if it provides for costs on a solicitor and client basis)”.

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

Form 57A

Courts of Justice Act

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33. Form 58C of the Regulation is amended by striking out “party and party costs” and substituting “costs”.

34. Form 74.4.1 of the Regulation is amended by striking out “VALUE OF ASSETS OF ESTATE” and substituting “VALUE OF ASSETS REFERRED TO IN ATTACHED WILL”.

35. Form 74.5.1 of the Regulation is amended by striking out “VALUE OF ASSETS OF ESTATE” and substituting “VALUE OF ASSETS REFERRED TO IN ATTACHED WILL”.

36. Form 76A of the Regulation is revoked and the following substituted:

Form 76A

Courts of Justice Act

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Form 76B

Courts of Justice Act

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Form 76C

Courts of Justice Act

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Form 76D

Courts of Justice Act

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37. Form 77A of the Regulation is amended by striking out “WARNING: In accordance with rule 77.06 (2), this form must be given to the plaintiff.”

38. (1) Part I of Tariff A to the Regulation is revoked and the following substituted:

PART I — COSTS GRID

Where students-at-law or law clerks have provided services of a nature that the Law Society of Upper Canada authorizes them to provide, the fees for those services may be assessed and allowed under this costs grid.

Where counsel has special expertise, his or her hourly rate classification may be varied accordingly.

1. Fees other than Counsel Fee
Hourly rates for pleadings, mediation under Rule 24.1 or Rule 75.1, financial statements, discovery of documents, drawing and settling issues on special case, setting down for trial, pre-motion conference, examination, pre-trial conference, settlement conference, notice or offer, preparation for hearing, attendance at assignment court, order, issuing or renewing a writ of execution or notice of garnishment, seizure under writ of execution, seizure and sale under writ of execution, notice of garnishment, or for any other procedure authorized by the Rules of Civil Procedure and not provided for elsewhere in the costs grid.
	Partial Indemnity Scale	Substantial Indemnity Scale
Law Clerks	Up to $80.00 per hour	Up to $125.00 per hour
Student-at-law	Up to $60.00 per hour	Up to $90.00 per hour
Lawyer (less than 10 years)	Up to $225.00 per hour	Up to $300.00 per hour
Lawyer (10 or more but less than 20 years)	Up to $300.00 per hour	Up to $400.00 per hour
Lawyer (20 years and over)	Up to $350.00 per hour	Up to $450.00 per hour
2. Counsel Fee — Motion or Application
	Partial Indemnity Scale	Substantial Indemnity Scale
0.25 hour	Up to $400.00	Up to $800.00
1.00 hour	Up to $1,000.00	Up to $1,500.00
2.00 hours (half day)	Up to $1,400.00	Up to $2,400.00
1 day	Up to $2,100.00	Up to $3,500.00
3. Counsel Fee — Trial or Reference
	Partial Indemnity Scale	Substantial Indemnity Scale
Half Day	Up to $1,500.00	Up to $2,500.00
Day	Up to $2,300.00	Up to $4,000.00
Week	Up to $9,500.00	Up to $17,500.00
4. Counsel Fee — Appeal
	Partial Indemnity Scale	Substantial Indemnity Scale
1.00 hour	Up to $1,000.00	Up to $1,500.00
2.00 hours (half day)	Up to $1,250.00	Up to $2,000.00
1 day	Up to $2,000.00	Up to $4,000.00

(2) On July 3, 2004, Part I of Tariff A to the Regulation is amended by striking out “mediation under Rule 24.1 or Rule 75.1” and substituting “mediation under Rule 24.1”.

39. This Regulation comes into force on January 1, 2002.

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O. Reg. 284/01: RULES OF CIVIL PROCEDURE

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