O. Reg. 573/07: RULES OF CIVIL PROCEDURE

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ontario regulation 573/07

made under the

Courts of Justice Act

Made: December 14, 2007
Approved: December 19, 2007
Filed: December 20, 2007
Published on e-Laws: December 21, 2007
Printed in The Ontario Gazette: January 5, 2008

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:

video conference pilot Project — References under the solicitors act

Application

  1.08.1 (1)  This rule applies to every reference under the Solicitors Act of a lawyer’s bill for assessment that is ordered to be held in a court located in,

(a) the Town of Cochrane;

(b) the Town of Fort Frances;

(c) the City of Kenora;

(d) the City of Sault Ste. Marie;

(e) the City of Greater Sudbury; or

(f) the City of Thunder Bay.

Assessment by Video Conference

(2) Despite rule 1.08, all or part of a reference to which this rule applies may be heard or conducted by video conference at two or more locations referred to in subrule (3) if a party to the reference makes a request for video conference in accordance with subrule (4), and the presiding officer grants the request.

Location

(3) The following are the locations in which all or part of a reference to which this rule applies may be heard or conducted by video conference:

1. Any of the courts referred to in subrule (1).

2. The Small Claims Court located in the City of Dryden.

Request

(4) A party may, within two days after service of a notice of appointment respecting a reference to which this rule applies, make a request for video conference under subrule (2) by,

(a) completing a request form provided by the Ministry of the Attorney General for the purpose and available from any court referred to in subrule (1); and

(b) serving the request form and filing it with proof of service in the court in which the order for the reference was made.

Objection

(5) A party on whom a request for video conference is served may, within two days after being served with the request, object to the video conference by,

(a) completing an objection form provided by the Ministry of the Attorney General for the purpose and available from any court referred to in subrule (1); and

(b) serving the objection form and filing it with proof of service in the court in which the order for the reference was made.

Factors to Consider

(6) In deciding whether to grant a request for video conference under subrule (2), the presiding officer shall consider,

(a) any objection made in accordance with subrule (5);

(b) the balance of convenience between the party making the request and the other party; and

(c) any other relevant matter.

Setting Aside or Varying Order

(7) The presiding officer may set aside or vary an order made under subrule (2).

Arrangements and Filing of Documents

(8) If the presiding officer grants a request for video conference, the following requirements apply:

1. The court in which the order for the reference was made shall make the necessary arrangements for the conference and shall notify the parties of them.

2. Despite subrule 55.02 (16), the parties shall file all documents pertaining to the reference in the court in which the order for the reference was made at least five days before the hearing date.

Revocation

(9) This rule is revoked on January 1, 2010.

2. This Regulation comes into force on July 1, 2008.

 

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