O. Reg. 260/05: RULES OF CIVIL PROCEDURE

filed June 3, 2005 under Courts of Justice Act, R.S.O. 1990, c. C.43

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ontario regulation 260/05

made under the

courts of Justice act

Made: April 28, 2005
Approved: June 1, 2005
Filed: June 3, 2005
Printed in The Ontario Gazette: June 18, 2005

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

(Rules of Civil Procedure)

1. (1) Subrule 1.03 (1) of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:

“person” includes a party to a proceeding; (“personne”)

(2) The definition of “disability” in subrule 1.03 (1) of the Regulation is amended by striking out “person or party” wherever it occurs and substituting in each case “person”.

2. Rule 14.05 of the Regulation is amended by adding the following subrule:

Information for Court Use

(1.1) Form 14F (Information for court use) shall be filed together with a notice of application in Form 14E, 68A or 73A.

3. The English version of subclause 16.01 (4) (b) (i) of the Regulation is amended by striking out “party or person” and substituting “party or other person”.

4. Subrule 25.03 (4) of the Regulation is revoked.

5. Rule 30.10 of the Regulation is amended by adding the following subrule:

Cost of Producing Document

(5) The moving party is responsible for the reasonable cost incurred or to be incurred by the person not a party to produce a document referred to in subrule (1), unless the court orders otherwise.

6. Rule 31.05 of the Regulation is amended by striking out “party or person” and substituting “party or other person”.

7. Rule 31.07 of the Regulation is revoked and the following substituted:

FAILURE TO ANSWER on discovery

Failure to Answer Questions

31.07 (1) A party, or a person examined for discovery on behalf of or in place of a party, fails to answer a question if,

(a) the party or other person refuses to answer the question, whether on the grounds of privilege or otherwise;

(b) the party or other person indicates that the question will be considered or taken under advisement, but no answer is provided within 60 days after the response; or

(c) the party or other person undertakes to answer the question, but no answer is provided within 60 days after the response.

Effect of Failure to Answer

(2) If a party, or a person examined for discovery on behalf of or in place of a party, fails to answer a question as described in subrule (1), the party may not introduce at the trial the information that was not provided, except with leave of the trial judge.

Additional Sanction

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

Obligatory Status of Undertakings

(4) For greater certainty, nothing in these rules relieves a party or other person who undertakes to answer a question from the obligation to honour the undertaking.

8. Subrule 31.11 (1) of the Regulation is amended by striking out “party or person” in the portion after clause (b) and substituting “party or other person”.

9. (1) Subrule 37.07 (1) of the Regulation is amended by striking out “person or party” and substituting “party or other person”.

(2) Subrule 37.07 (4) of the Regulation is amended by striking out “person or party” wherever it appears and substituting in each case “party or other person”.

10. Subclause 48.04 (2) (b) (iii) of the Regulation is revoked and the following substituted:

(iii) rule 31.07 (failure to answer on discovery),

11. Paragraph 3 of subrule 53.08 (2) of the Regulation is revoked and the following substituted:

3. Rule 31.07 (failure to answer on discovery).

12. Subrules 60.15 (5) and (6) of the Regulation are revoked and the following substituted:

Withdrawal of Writ on Debtor’s Request

(5) When a judgment debt has been released by an order of discharge or by a certificate of full performance under the Bankruptcy and Insolvency Act (Canada), the debtor may request that the writ be withdrawn by giving the sheriff,

(a) a written request to withdraw the writ (Form 60O); and

(b) a certified copy of the order of discharge or a copy of the certificate of full performance.

(6) On receiving the documents described in subrule (5), the sheriff shall forthwith send the creditor, by mail addressed to the creditor at the address shown on the writ, a copy of the documents and a notice that the writ will be withdrawn unless the creditor,

(a) makes a motion for an order under the Bankruptcy and Insolvency Act (Canada) that the judgment debt is not released by the order of discharge or certificate of full performance; and

(b) within 30 days after the date of the sheriff’s notice, serves the sheriff with a copy of the notice of motion and a copy of all affidavits and other material served for use on the motion.

13. (1) Clause 60.19 (2) (a) of the Regulation is revoked and the following substituted:

(a) $50 for the preparation of documents in connection with issuing, renewing and filing with the sheriff the writ of execution or notice of garnishment;

(2) Clause 60.19 (2) (c) of the Regulation is amended by striking out “Part I of”.

14. Subclause 61.09 (3) (c) (ii) of the Regulation is revoked and the following substituted:

(ii) setting out, with respect to every party to the appeal and any other person entitled by statute or by an order under rule 13.03 (intervention in appeal) to be heard on the appeal,

(A) the name, address and telephone number of the party’s or other person’s lawyer, or

(B) the name, address for service and telephone number of the party or other person, if acting in person.

15. Subrule 68.05 (1) of the Regulation is revoked and the following substituted:

(1) The applicant shall file with the application record a certificate of perfection,

(a) stating that all the material required to be filed by the applicant for the hearing of the application has been filed; and

(b) setting out, with respect to every party to the application and any other person entitled by statute or by an order under rule 13.03 (intervention) to be heard on the application,

(i) the name, address and telephone number of the party’s or other person’s lawyer, or

(ii) the name, address for service and telephone number of the party or other person, if acting in person.

16. Form 14F of the Regulation is revoked and the following substituted:

FORM 14f
INFORMATION FOR COURT USE

Courts of Justice Act

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