O. Reg. 131/04: RULES OF CIVIL PROCEDURE, Filed May 14, 2004 under Courts of Justice Act, R.S.O. 1990, c. C.43

ontario regulation 131/04

made under the

Courts of justice act

Made: March 31, 2004
Approved: May 12, 2004
Filed: May 14, 2004
Printed in The Ontario Gazette: May 29, 2004

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

(Rules of Civil Procedure)

1. (1) Paragraph 2 of subrule 1.02 (1) of Regulation 194 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

2. They do not apply to proceedings governed by Ontario Regulation 114/99 (Family Law Rules), except as provided in those rules.

(2) The Schedule to subrule 1.02 (1) of the Regulation is revoked.

(3) Subrule 1.02 (1.1) of the Regulation is revoked and the following substituted:

(1.1) Where a proceeding combines a matter to which the Family Law Rules apply with a matter to which these rules would ordinarily apply, the parties may agree, or the court on motion may order, that the Family Law Rules apply to the combined proceeding or part of it. 

2. The definitions of “action”, “originating process” and “respondent” in subrule 1.03 (1) of  the Regulation are revoked and the following substituted:

“action” means a proceeding that is not an application and includes a proceeding commenced by,

(a) statement of claim,

(b) notice of action,

(c) counterclaim,

(d) crossclaim, or

(e) third or subsequent party claim; (“action”)

“originating process” means a document whose issuing commences a proceeding under these rules, and includes,

(a) a statement of claim,

(b) a notice of action, 

(c) a notice of application,

(d) an application for a certificate of appointment of an estate trustee,

(e) a counterclaim against a person who is not already a party to the main action, and

(f) a third or subsequent party claim,

but does not include a counterclaim that is only against persons who are parties to the main action, a crossclaim or a notice of motion; (“acte introductif d’instance”)

“respondent” means a person against whom an application is made or an appeal is brought, as the circumstances require; (“intimé”)

3. Clause 4.02 (1) (b) of the Regulation is amended by striking out “or subrule 69.03 (3) (divorce action)”.

4. Subrule 14.01 (2) of the Regulation is revoked and the following substituted:

Exceptions

(2) A counterclaim that is only against persons who are already parties to the main action, and a crossclaim, shall be commenced by the delivery of the pleading containing the counterclaim or crossclaim, and the pleading need not be issued.

5. (1) Clause 14.03 (1) (b) of the Regulation is revoked.

(2) Clause 14.03 (2) of the Regulation is amended by striking out “other than a divorce action”. 

6. Rule 14.04 of the Regulation is revoked.

7. Subrule 14.06 (2) of the Regulation is amended by striking out “other than a divorce action”.

8. Subrule 16.01 (1) of the Regulation is amended by striking out “except in the case of a divorce petition”.

9. Clauses 17.02 (j), (k) and (l) of the Regulation are revoked. 

10. (1) The English version of clause 19.02 (3) (m) of the Regulation is amended by adding “and” at the end. 

(2) Clauses 19.02 (3) (o) and (p) of the Regulation are revoked.

11. Subrule 19.05 (2) of the Regulation is amended by striking out “a divorce or a declaration of the invalidity of a marriage”.

12. (1) Clause 48.03 (1) (d) of the Regulation is revoked.

(2) Clause 48.03 (1) (e) of the Regulation is amended by striking out “or financial statement”. 

(3) Clauses 48.03 (2) (c), (d), (e) and (f) of the Regulation are revoked and the following substituted: 

(c) any memorandum signed by counsel, or any order made by the court, following a pre-trial conference; and

(d) in an undefended action, any affidavit to be used in evidence.   

13. Subclause 48.04 (2) (b) (vii) of the Regulation is revoked.

14. Subrule 59.03 (8) of the Regulation is revoked.

15. Subrule 59.04 (7) of the Regulation is revoked.

16. (1) Subrule 60.08 (10) of the Regulation is amended by striking out “unless subrule (10.1) applies” at the end. 

(2) Subrule 60.08 (10.1) of the Regulation is revoked. 

17. Rules 69 and 70 of the Regulation are revoked.

18. Clause 76.01 (1) (c) of the Regulation is revoked and the following substituted:

(c) Rule 77.

19. Form 4A of the Regulation is amended by adding “or” at the end of clause (c) and by striking out clauses (e), (f) and (g).

20. Form 59A of the Regulation is amended by striking out “(In an order that provides for payment of support, set out the last known address of the support creditor and debtor)” at the end.

21. Form 59B of the Regulation is amended by striking out “(In a judgment that provides for payment of support, set out the last known address of the support creditor and debtor)” at the end.

22. Form 60A of the Regulation is amended by striking out in the left column “(where appropriate, add: This writ enforces an order for support.)”.

23. Form 60B of the Regulation is amended by striking out “(Where appropriate, add: This writ enforces an order for support.)”.

24. Form 60H of the Regulation is amended by striking out “(Where appropriate, add: This notice of garnishment enforces an order for support.)” after the paragraph beginning with “A LEGAL PROCEEDING”. 

25. The following forms to the Regulation are revoked:

1. Form 69A.

2. Form 69B.

3. Form 69C.

4. Form 69D.

5. Form 69E.

6. Form 69F.

7. Form 69G.

8. Form 69H.

9. Form 69I.

10. Form 69J.

11. Form 69K.

12. Form 69L.

13. Form 69M.

14. Form 69N.

15. Form 69O.

16. Form 69P.

17.   Form 69Q.

18. Form 69R.

19. Form 69S.

20. Form 69T.

21. Form 69U.

22. Form 69V.

23. Form 69W.

24. Form 69X.

25. Form 69Y.

26. Form 69Z.

27. Form 69Z.1.

28. Form 69Z.2.

29. Form 70A.2.

30. Form 70A.3.

31. Form 70B.

32. Form 70C.

33. Form 70D.

26. Form 77C of the Regulation is amended by striking out

“[ ] plaintiff/petitioner/applicant

……………………………………………………………………”

and substituting,

“[ ] plaintiff/applicant …………………………………………………………………………………”

27. Part I of Tariff A of the Regulation is amended by striking out “financial statements” in the paragraph following “1.  Fees other than Counsel Fee”.

28. Tariff B of the Regulation is revoked.

29. This Regulation comes into force on July 1, 2004.