O. Reg. 575/07: RULES OF CIVIL PROCEDURE, Filed December 20, 2007 under Courts of Justice Act, R.S.O. 1990, c. C.43
ontario regulation 575/07
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. The following provisions of Regulation 194 of the Revised Regulations of Ontario, 1990 are amended by striking out “solicitor” wherever it appears and substituting in each case “lawyer”:
1. Subrule 1.04 (3).
2. Clause 1.08 (5) (e).
3. Clauses 4.02 (2) (c) and (3) (f) and (g).
4. Clauses 4.06 (1) (c) and (3) (b).
5. Subrule 7.05 (3).
6. Clause 12.05 (1) (b).
7. Rule 15.01.
8. Rule 15.02.
9. Subrules 15.04 (2), (3) and (4).
10. Clause 16.02 (1) (b).
11. Subrule 16.03 (3).
12. Clause 16.05 (3) (b).
13. Subrule 30.04 (3).
14. Clause 34.04 (3) (a) and subrule (6).
15. Subrule 34.07 (7).
16. Clause 48.03 (1) (h), in the portion before subclause (i).
17. Subrules 48.14 (2), (4.1) and (7).
18. Subrules 52.04 (1) and (2).
19. Subrule 53.04 (2).
20. Clause 53.07 (2) (a).
21. Subrules 55.02 (8) and (9).
22. Subrule 55.05 (3).
23. Subrule 55.06 (9) and clause (14) (a).
24. Rule 56.02.
25. Subclause 57.01 (1) (h) (ii).
26. Subrules 57.07 (2) and (3).
27. Subrule 58.05 (3).
28. Subrule 59.03 (6).
29. Subrules 60.07 (12), (12.1) and clauses (16) (a) and (19) (a).
30. Subrule 60.14 (1).
31. Subrule 60.18 (7).
32. Clause 64.06 (5) (a).
33. Subrules 72.03 (8) and (13).
34. Clause 74.11 (1) (b).
35. Subclauses 74.18 (9) (a) (iii) and (v).
36. Subrules 75.03 (1) and (3).
37. Clause 76.11 (4) (f).
38. Subrule 77.12 (3).
39. Subrule 77.13 (2).
40. Subrule 77.14 (3).
2. The following provisions of the Regulation are amended by striking out “solicitors” wherever it appears and substituting in each case “lawyers”:
1. Clause 22.04 (d).
2. Subrule 52.04 (4).
3. Clause 72.03 (4) (b).
4. Subrule 74.18 (13).
3. Each provision of the Regulation referred to in Column 1 of the Table to this section is amended by striking out “counsel” wherever it appears and substituting in each case the text set out in the corresponding row of Column 2 of the Table:
table
|
Column 1 |
Column 2 |
|
34.11 (1) |
lawyer |
|
34.11 (2) |
lawyer |
|
37.05 (2) |
a lawyer |
|
37.05 (3) |
a lawyer |
|
38.03 (3) |
a lawyer |
|
38.03 (3.1) |
a lawyer |
|
52.06 (2) |
the lawyer |
4. The English version of each provision of the Regulation referred to in Column 1 of the Table to this section is amended by striking out “counsel” wherever it appears and substituting in each case the text set out in the corresponding row of Column 2 of the Table:
table
|
Column 1 |
Column 2 |
|
30.1.01 (3) |
lawyers |
|
31.08 |
lawyer |
|
50.02 (1) (a) |
the lawyers |
|
52.05 |
lawyers |
|
53.07 (4) (b) |
lawyer |
|
59.03 (3) (c) |
a lawyer |
|
61.03.1 (1) |
lawyers |
|
61.11 (1) (e) (ii) |
the lawyer |
|
61.12 (3) (f) (ii) |
the lawyer |
|
61.16 (3.2) |
the lawyer |
|
77.13 (4) |
The lawyers |
|
77.14 (3) |
lawyers |
|
77.15 (3) (d) |
the lawyers |
5. The French version of the heading to Rule 1 of the Regulation is revoked and the following substituted:
RÈGLE 1 MENTION, CHAMP D’APPLICATION ET INTERPRÉTATION
6. (1) Subrule 1.01 (1) of the Regulation is revoked and the following substituted:
CITATION
Title
(1) These rules may be cited as the Rules of Civil Procedure.
(2) Clause 1.01 (2) (a) of the Regulation is amended by striking out “rules 1.01 to 1.08”at the end and substituting “rules 1.01 to 1.09”.
7. (1) The definition of “holiday” in subrule 1.03 (1) of the Regulation is amended by adding the following clause:
(b.1) Family Day,
(2) Subrule 1.03 (1) of the Regulation is amended by adding the following definitions:
“lawyer” means a person authorized under the Law Society Act to practise law in Ontario; (“avocat”)
“lawyer’s office” means the office of the lawyer of record as set out in the last document filed by him or her; (“bureau de l’avocat”)
(3) The definition of “solicitor’s office” in subrule 1.03 (1) of the Regulation is revoked.
8. Subclause 4.09 (11) (a) (vi) of the Regulation is revoked and the following substituted:
(vi) the names of the lawyers representing the parties; and
9. Subrule 5.02 (1) of the Regulation is amended by striking out “solicitor of record” in the portion before clause (a) and substituting “lawyer of record”.
10. Clause 7.08 (4) (b) of the Regulation is revoked and the following substituted:
(b) an affidavit of the lawyer acting for the litigation guardian setting out the lawyer’s position in respect of the proposed settlement;
11. The heading to Rule 15 of the Regulation is revoked and the following substituted:
RULE 15 REPRESENTATION BY LAWYER
12. Subrules 15.03 (1), (2), (3) and (4) of the Regulation are revoked and the following substituted:
Notice of Change of Lawyer
(1) A party who has a lawyer of record may change the lawyer of record by serving on the lawyer and every other party and filing, with proof of service, a notice of change of lawyer (Form 15A) giving the name, address and telephone number of the new lawyer.
Notice of Appointment of Lawyer
(2) A party acting in person may appoint a lawyer of record by serving on every other party and filing, with proof of service, a notice of appointment of lawyer (Form 15B) giving the name, address and telephone number of the lawyer of record.
Notice of Intention to Act in Person
(3) Subject to subrule 15.01 (1) or (2), a party who has a lawyer of record may elect to act in person by serving on the lawyer and every other party and filing, with proof of service, a notice of intention to act in person (Form 15C) that sets out the party’s address for service and telephone number.
Claim for Lawyer’s Lien
(4) A party may move, on notice to the party’s former lawyer of record, for an order determining whether and to what extent the lawyer has a right to a lawyer’s lien.
13. (1) Subrule 15.04 (1) of the Regulation is revoked and the following substituted:
MOTION BY LAWYER FOR REMOVAL AS LAWYER OF RECORD
Client to be Served
(1) A lawyer may move, on notice to his or her client, for an order removing him or her as lawyer of record.
(2) Subrule 15.04 (6) of the Regulation is revoked and the following substituted:
Corporations
(6) A client that is a corporation shall, within 30 days after being served with the order removing the lawyer from the record,
(a) appoint a new lawyer of record by serving a notice under subrule 15.03 (2); or
(b) obtain and serve an order under subrule 15.01 (2) granting it leave to be represented by a person other than a lawyer.
(3) Subrule 15.04 (8) of the Regulation is revoked and the following substituted:
Clients Other Than Corporations
(8) A client who is not a corporation shall, within 30 days after being served with the order removing the lawyer from the record,
(a) appoint a new lawyer of record by serving a notice under subrule 15.03 (2); or
(b) serve a notice of intention to act in person under subrule 15.03 (3).
14. Rules 15.05 to 15.07 of the Regulation are revoked and the following substituted:
DUTY OF LAWYER OF RECORD
15.05 A lawyer of record shall act as and remains the lawyer of record for his or her client until,
(a) the client delivers a notice under rule 15.03; or
(b) an order removing the lawyer from the record has been entered, served on the client and every other party and, where required by subrule 15.04 (3), in accordance with that subrule, and filed with proof of service.
WHERE A LAWYER OF RECORD HAS CEASED TO PRACTISE
15.06 Where the lawyer of record for a party has ceased to practise law, and the party for whom the lawyer acted has not served a notice under rule 15.03, any other party may serve a document on the party by mailing a copy to the party at the party’s last known address, or may move for directions.
lawyer from another province
15.07 If a lawyer from another province represents a party to a proceeding, any party to the proceeding may move for directions for the conduct of the proceeding.
15. Clause 16.01 (4) (a) of the Regulation is revoked and the following substituted:
(a) shall be served on a party who has a lawyer of record by serving the lawyer, and service may be made in a manner provided in rule 16.05;
16. Clause 16.02 (1) (h) of the Regulation is revoked and the following substituted:
Attorney General
(h) on the Attorney General of Ontario, by leaving a copy of the document with a lawyer in the Crown Law Office (Civil Law) of the Ministry of the Attorney General;
17. Subrule 16.03 (2) of the Regulation is revoked and the following substituted:
Acceptance of Service by Lawyer
(2) Service on a party who has a lawyer may be made by leaving a copy of the document with the lawyer or an employee in the lawyer’s office, but service under this subrule is effective only if the lawyer endorses on the document or a copy of it an acceptance of service and the date of the acceptance.
18. Subrule 16.05 (1) of the Regulation is revoked and the following substituted:
SERVICE ON LAWYER OF RECORD
(1) Service of a document on the lawyer of record of a party may be made,
(a) by mailing a copy to the lawyer’s office;
(b) by leaving a copy with a lawyer or employee in the lawyer’s office;
(c) by depositing a copy at a document exchange of which the lawyer is a member or subscriber, but service under this clause is effective only if the document or a copy of it and the copy deposited are date stamped by the document exchange in the presence of the person depositing the copy;
(d) by faxing a copy to the lawyer’s office in accordance with subrules (3), (3.1) and (3.2) but, where service is made under this clause between 4 p.m. and midnight, it shall be deemed to have been made on the following day;
(e) by sending a copy to the lawyer’s office by courier; or
(f) by e-mailing a copy to the lawyer’s office in accordance with subrule (4), but service under this rule is effective only if the lawyer of record provides by e-mail an acceptance of service and the date of the acceptance, and where the e-mail acceptance is received between 4 p.m. and midnight, service shall be deemed to have been made on the following day.
19. Subrule 16.09 (3) of the Regulation is revoked and the following substituted:
Lawyer’s Admission or Acceptance
(3) A lawyer’s written admission or acceptance of service is sufficient proof of service and need not be verified by affidavit.
20. (1) Clause 34.04 (1) (a) of the Regulation is revoked and the following substituted:
(a) on the party’s lawyer of record; or
(2) Clause 34.04 (2) (a) of the Regulation is revoked and the following substituted:
(a) on the party’s lawyer of record; or
21. Subclause 37.02 (3) (c) (iii) of the Regulation is revoked and the following substituted:
(iii) removal of a lawyer as lawyer of record;
22. Clause 48.03 (2) (c) of the Regulation is amended by striking out “counsel” and substituting “lawyers”.
23. Subrule 48.14 (6) of the Regulation is revoked and the following substituted:
(6) The lawyers of record shall attend, and the parties may attend, the status hearing.
24. Rule 50.01 of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
WHERE AVAILABLE
50.01 In an action or application, a judge may, at the request of a party or on his or her own initiative, direct the lawyers for the parties, either with or without the parties, and any party not represented by a lawyer, to appear before a judge or officer for a pre-trial conference to consider,
. . . . .
25. (1) The French version of subrule 52.07 (3) of the Regulation is amended by striking out “procureurs” and substituting “avocats”.
(2) Subrule 52.07 (4) of the Regulation is revoked and the following substituted:
(4) Where a party is represented by a lawyer, the right to address the jury shall be exercised by the lawyer.
26. Subrule 57.07 (1) of the Regulation is revoked and the following substituted:
LIABILITY OF LAWYER FOR COSTS
(1) Where a lawyer for a party has caused costs to be incurred without reasonable cause or to be wasted by undue delay, negligence or other default, the court may make an order,
(a) disallowing costs between the lawyer and client or directing the lawyer to repay to the client money paid on account of costs;
(b) directing the lawyer to reimburse the client for any costs that the client has been ordered to pay to any other party; and
(c) requiring the lawyer personally to pay the costs of any party.
27. The English version of subrule 61.11 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
APPELLANT’S FACTUM
(1) The appellant’s factum shall be signed by the appellant’s lawyer, or on the lawyer’s behalf by someone he or she has specifically authorized, and shall consist of,
. . . . .
28. The English version of subrule 61.12 (3) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
Contents of Respondent’s Factum
(3) The respondent’s factum shall be signed by the respondent’s lawyer, or on the lawyer’s behalf by someone he or she has specifically authorized, and shall consist of,
. . . . .
29. Subrules 67.03 (1) and (2) of the Regulation are revoked and the following substituted:
WHERE CONSENT REQUIRED
(1) Approval of the sale, mortgage, lease or other disposition of property of a minor over the age of sixteen years shall not be given unless the consent of the minor has been filed, together with a lawyer’s affidavit stating the lawyer’s belief that the minor understood the consent when the lawyer read and explained it.
(2) A judge hearing an application referred to in subrule (1) may dispense with the necessity of filing the minor’s consent and lawyer’s affidavit.
30. (1) The English version of subrule 68.04 (3) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
(3) The applicant’s factum shall be signed by the applicant’s lawyer, or on the lawyer’s behalf by someone he or she has specifically authorized, and shall consist of,
. . . . .
(2) The English version of subrule 68.04 (6) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
(6) The respondent’s factum shall be signed by the respondent’s lawyer, or on the lawyer’s behalf by someone he or she has specifically authorized, and shall consist of,
. . . . .
31. Clauses 74.02 (1) (c) and (d) of the Regulation are revoked and the following substituted:
(c) a lawyer who held the will or codicil at the time of retirement from practice;
(d) the estate trustee of a lawyer who held the will or codicil at the time of the lawyer’s death;
32. Subclause 75.07.1 (c) (ii) of the Regulation is amended by striking out “solicitor of record” and substituting “lawyer of record”.
33. Subrule 75.09 (1) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:
LAWYER OF RECORD
(1) The lawyer who takes any of the following steps on a party’s behalf is the party’s lawyer of record:
. . . . .
34. Clause 76.05 (5) (c) of the Regulation is revoked and the following substituted:
(c) removal of a lawyer as lawyer of record;
35. Subparagraph 1 iii of subrule 77.12 (5) of the Regulation is revoked and the following substituted:
iii. removal of a lawyer as lawyer of record,
36. The Table of Forms to the Regulation is revoked and the following substituted:
table of forms
|
Form Number |
Form Title |
Date of Form |
|
4A |
General Heading of Documents — Actions |
November 1, 2005 |
|
4B |
General Heading of Documents — Applications |
November 1, 2005 |
|
4C |
Backsheet |
July 1, 2007 |
|
4D |
Affidavit |
July 1, 2007 |
|
4E |
Requisition |
July 1, 2007 |
|
4F |
Notice of Constitutional Question |
July 1, 2007 |
|
7A |
Request for Appointment of Litigation Guardian |
July 1, 2007 |
|
7B |
Order to Continue (Minor Reaching Age of Majority) |
November 1, 2005 |
|
8A |
Notice to Alleged Partner |
July 1, 2007 |
|
11A |
Order to Continue (Transfer or Transmission of Interest) |
November 1, 2005 |
|
14A |
Statement of Claim (General) |
July 1, 2007 |
|
14B |
Statement of Claim (Mortgage Action — Foreclosure) |
July 1, 2007 |
|
14C |
Notice of Action |
July 1, 2007 |
|
14D |
Statement of Claim (Action Commenced by Notice of Action) |
July 1, 2007 |
|
14E |
Notice of Application |
July 1, 2007 |
|
14F |
Information for Court Use |
November 1, 2005 |
|
15A |
Notice of Change of Lawyer |
July 1, 2007 |
|
15B |
Notice of Appointment of Lawyer |
July 1, 2007 |
|
15C |
Notice of Intention to Act in Person |
July 1, 2007 |
|
16A |
Acknowledgment of Receipt Card |
November 1, 2005 |
|
16B |
Affidavit of Service |
July 1, 2007 |
|
16C |
Certificate of Service by Sheriff |
November 1, 2005 |
|
17A |
Request for Service Abroad of Judicial or Extrajudicial Documents |
November 1, 2005 |
|
17B |
Summary of the Document to be Served |
November 1, 2005 |
|
17C |
Notice and Summary of Document |
November 1, 2005 |
|
18A |
Statement of Defence |
July 1, 2007 |
|
18B |
Notice of Intent to Defend |
July 1, 2007 |
|
19A |
Default Judgment (Debt or Liquidated Demand) |
November 1, 2005 |
|
19B |
Default Judgment (Recovery of Possession of Land) |
November 1, 2005 |
|
19C |
Default Judgment (Recovery of Possession of Personal Property) |
November 1, 2005 |
|
19D |
Requisition for Default Judgment |
July 1, 2007 |
|
22A |
Special Case |
July 1, 2007 |
|
23A |
Notice of Discontinuance |
July 1, 2007 |
|
23B |
Notice of Election to Proceed with Counterclaim |
July 1, 2007 |
|
23C |
Notice of Withdrawal of Defence |
July 1, 2007 |
|
24.1A |
Notice of Name of Mediator and Date of Session |
November 1, 2005 |
|
24.1B |
Notice by Assigned Mediator |
November 1, 2005 |
|
24.1C |
Statement of Issues |
November 1, 2005 |
|
24.1D |
Certificate of Non-Compliance |
November 1, 2005 |
|
25A |
Reply |
July 1, 2007 |
|
27A |
Counterclaim (Against Parties to Main Action Only) |
July 1, 2007 |
|
27B |
Counterclaim (Against Plaintiff and Person not Already Party to Main Action) |
July 1, 2007 |
|
27C |
Defence to Counterclaim |
July 1, 2007 |
|
27D |
Reply to Defence to Counterclaim |
July 1, 2007 |
|
28A |
Crossclaim |
July 1, 2007 |
|
28B |
Defence to Crossclaim |
July 1, 2007 |
|
28C |
Reply to Defence to Crossclaim |
July 1, 2007 |
|
29A |
Third Party Claim |
July 1, 2007 |
|
29B |
Third Party Defence |
July 1, 2007 |
|
29C |
Reply to Third Party Defence |
July 1, 2007 |
|
30A |
Affidavit of Documents (Individual) |
November 1, 2005 |
|
30B |
Affidavit of Documents (Corporation or Partnership) |
November 1, 2005 |
|
30C |
Request to Inspect Documents |
July 1, 2007 |
|
34A |
Notice of Examination |
July 1, 2007 |
|
34B |
Summons to Witness (Examination out of Court) |
July 1, 2007 |
|
34C |
Commission |
November 1, 2005 |
|
34D |
Letter of Request |
November 1, 2005 |
|
34E |
Order for Commission and Letter of Request |
November 1, 2005 |
|
35A |
Questions on Written Examination for Discovery |
July 1, 2007 |
|
35B |
Answers on Written Examination for Discovery |
November 1, 2005 |
|
37A |
Notice of Motion |
July 1, 2007 |
|
37B |
Confirmation of Motion |
July 1, 2007 |
|
37C |
Refusals and Undertakings Chart |
November 1, 2005 |
|
38A |
Notice of Appearance |
July 1, 2007 |
|
38B |
Confirmation of Application |
July 1, 2007 |
|
42A |
Certificate of Pending Litigation |
November 1, 2005 |
|
43A |
Interpleader Order — General |
November 1, 2005 |
|
44A |
Bond — Interim Recovery of Personal Property |
November 1, 2005 |
|
47A |
Jury Notice |
July 1, 2007 |
|
48C |
Status Notice |
July 1, 2007 |
|
48D |
Order Dismissing Action for Delay |
November 1, 2005 |
|
49A |
Offer to Settle |
July 1, 2007 |
|
49B |
Notice of Withdrawal of Offer |
July 1, 2007 |
|
49C |
Acceptance of Offer |
July 1, 2007 |
|
49D |
Offer to Contribute |
July 1, 2007 |
|
51A |
Request to Admit |
July 1, 2007 |
|
51B |
Response to Request to Admit |
July 1, 2007 |
|
53A |
Summons to Witness (at Hearing) |
July 1, 2007 |
|
53B |
Warrant for Arrest (Defaulting Witness) |
November 1, 2005 |
|
53C |
Summons to a Witness Outside Ontario |
July 1, 2007 |
|
53D |
Order for Attendance of Witness in Custody |
November 1, 2005 |
|
55A |
Notice of Hearing for Directions |
July 1, 2007 |
|
55B |
Notice to Party Added on Reference |
July 1, 2007 |
|
55C |
Report on Reference (Administration of Estate) |
November 1, 2005 |
|
55D |
Notice of Contested Claim |
July 1, 2007 |
|
55E |
Notice to Creditor |
July 1, 2007 |
|
55F |
Conditions of Sale |
July 1, 2007 |
|
55G |
Interim Report on Sale |
November 1, 2005 |
|
56A |
Order for Security for Costs |
November 1, 2005 |
|
57A |
Bill of Costs |
November 1, 2005 |
|
57B |
Costs Outline |
July 1, 2007 |
|
58A |
Notice of Appointment for Assessment of Costs |
July 1, 2007 |
|
58B |
Notice to Deliver a Bill of Costs for Assessment |
July 1, 2007 |
|
58C |
Certificate of Assessment of Costs |
November 1, 2005 |
|
59A |
Order |
July 1, 2007 |
|
59B |
Judgment |
July 1, 2007 |
|
59C |
Order on Appeal |
July 1, 2007 |
|
60A |
Writ of Seizure and Sale |
July 1, 2007 |
|
60B |
Writ of Sequestration |
November 1, 2005 |
|
60C |
Writ of Possession |
November 1, 2005 |
|
60D |
Writ of Delivery |
November 1, 2005 |
|
60E |
Request to Renew |
July 1, 2007 |
|
60F |
Direction to Enforce Writ of Seizure and Sale |
November 1, 2005 |
|
60G |
Requisition for Garnishment |
November 1, 2005 |
|
60G.1 |
Requisition for Renewal of Garnishment |
November 1, 2005 |
|
60H |
Notice of Garnishment |
November 1, 2005 |
|
60H.1 |
Notice of Renewal of Garnishment |
November 1, 2005 |
|
60I |
Garnishee’s Statement |
November 1, 2005 |
|
60I.1 |
Notice to Co-owner of the Debt |
November 1, 2005 |
|
60J |
Notice of Termination of Garnishment |
July 1, 2007 |
|
60K |
Warrant for Arrest (Contempt) |
November 1, 2005 |
|
60L |
Warrant of Committal |
November 1, 2005 |
|
60M |
Notice of Claim |
July 1, 2007 |
|
60N |
Sheriff’s Report |
July 1, 2007 |
|
60O |
Request to Withdraw a Writ |
November 1, 2005 |
|
61A |
Notice of Appeal to an Appellate Court |
November 1, 2005 |
|
61B |
General Heading in Proceedings in Appellate Courts |
November 1, 2005 |
|
61C |
Appellant’s Certificate Respecting Evidence |
November 1, 2005 |
|
61D |
Respondent’s Certificate Respecting Evidence |
November 1, 2005 |
|
61E |
Notice of Cross-Appeal |
July 1, 2007 |
|
61F |
Supplementary Notice of Appeal or Cross-Appeal |
July 1, 2007 |
|
61G |
Notice of Listing for Hearing (Appeal) |
November 1, 2005 |
|
61H |
Certificate of Completeness of Appeal Book and Compendium |
July 1, 2007 |
|
61I |
Order Dismissing Appeal or Cross-Appeal for Delay |
November 1, 2005 |
|
61J |
Order Dismissing Motion for Leave to Appeal for Delay |
November 1, 2005 |
|
61J.1 |
Order Dismissing Motion for Delay |
November 1, 2005 |
|
61K |
Notice of Abandonment of Appeal or Cross-Appeal |
July 1, 2007 |
|
61L |
Notice of Election to Proceed with Cross-Appeal |
July 1, 2007 |
|
62A |
Notice of Appeal to a Judge |
July 1, 2007 |
|
63A |
Certificate of Stay |
November 1, 2005 |
|
63B |
Certificate of Stay |
November 1, 2005 |
|
64A |
Request to Redeem |
July 1, 2007 |
|
64B |
Default Judgment for Foreclosure with a Reference |
November 1, 2005 |
|
64C |
Default Judgment for Immediate Foreclosure |
November 1, 2005 |
|
64D |
Default Judgment for Foreclosure without a Reference |
July 1, 2007 |
|
64E |
Final Order of Foreclosure |
July 1, 2007 |
|
64F |
Request for Sale |
July 1, 2007 |
|
64G |
Default Judgment for Sale with a Redemption Period (Action Converted from Foreclosure to Sale) |
November 1, 2005 |
|
64H |
Default Judgment for Immediate Sale (Action Converted from Foreclosure to Sale) |
November 1, 2005 |
|
64I |
Default Judgment for Sale Conditional on Proof of Claim (Action Converted from Foreclosure to Sale) |
November 1, 2005 |
|
64J |
Default Judgment for Immediate Sale |
November 1, 2005 |
|
64K |
Default Judgment for Sale with a Redemption Period |
November 1, 2005 |
|
64L |
Final Order for Sale |
July 1, 2007 |
|
64M |
Default Judgment for Redemption |
November 1, 2005 |
|
64N |
Notice of Reference to Subsequent Encumbrancer Added on Reference |
November 1, 2005 |
|
64O |
Notice of Reference to Subsequent Encumbrancer Named as Original Party |
November 1, 2005 |
|
64P |
Notice of Reference to Original Defendants |
November 1, 2005 |
|
64Q |
Notice to Added Defendant Having Interest in Equity |
November 1, 2005 |
|
65A |
Judgment for Administration of Estate |
November 1, 2005 |
|
66A |
Judgment for Partition or Sale |
November 1, 2005 |
|
68A |
Notice of Application to Divisional Court for Judicial Review |
July 1, 2007 |
|
68B |
Notice of Listing for Hearing (Judicial Review) |
November 1, 2005 |
|
68C |
Order Dismissing Application for Judicial Review |
November 1, 2005 |
|
72A |
Notice of Payment into Court |
July 1, 2007 |
|
72B |
Affidavit (Motion for Payment Out of Court) |
July 1, 2007 |
|
72C |
Stop Order |
July 1, 2007 |
|
73A |
Notice of Application for Registration of United Kingdom Judgment |
July 1, 2007 |
|
74.1 |
Notice to Estate Registrar of Deposit of Will or Codicil |
November 1, 2005 |
|
74.2 |
Notice to Estate Registrar of Withdrawal of Will or Codicil |
November 1, 2005 |
|
74.3 |
Request for Notice of Commencement of Proceeding |
November 1, 2005 |
|
74.4 |
Application for Certificate of Appointment of Estate Trustee with a Will (Individual Applicant) |
November 1, 2005 |
|
74.4.1 |
Application for Certificate of Appointment of Estate Trustee with a Will (Individual Applicant) Limited to Assets Referred to In the Will |
November 1, 2005 |
|
74.5 |
Application for Certificate of Appointment of Estate Trustee with a Will (Corporate Applicant) |
November 1, 2005 |
|
74.5.1 |
Application for Certificate of Appointment of Estate Trustee with a Will (Corporate Applicant) Limited to Assets Referred to in the Will |
November 1, 2005 |
|
74.6 |
Affidavit of Service of Notice |
November 1, 2005 |
|
74.7 |
Notice of an Application for a Certificate of Appointment of Estate Trustee with a Will |
November 1, 2005 |
|
74.8 |
Affidavit of Execution of Will or Codicil |
November 1, 2005 |
|
74.9 |
Affidavit Attesting to the Handwriting and Signature of a Holograph Will or Codicil |
November 1, 2005 |
|
74.10 |
Affidavit of Condition of Will or Codicil |
November 1, 2005 |
|
74.11 |
Renunciation of Right to a Certificate of Appointment of Estate Trustee (or Succeeding Estate Trustee) with a Will |
November 1, 2005 |
|
74.12 |
Consent to Applicant’s Appointment as Estate Trustee with a Will |
November 1, 2005 |
|
74.13 |
Certificate of Appointment of Estate Trustee with a Will |
November 1, 2005 |
|
74.13.1 |
Certificate of Appointment of Estate Trustee with a Will Limited to the Assets Referred to in the Will |
November 1, 2005 |
|
74.14 |
Application for Certificate of Appointment of Estate Trustee without a Will (Individual Applicant) |
November 1, 2005 |
|
74.15 |
Application for Certificate of Appointment of Estate Trustee without a Will (Corporate Applicant) |
November 1, 2005 |
|
74.16 |
Affidavit of Service of Notice |
November 1, 2005 |
|
74.17 |
Notice of an Application for a Certificate of Appointment of Estate Trustee without a Will |
November 1, 2005 |
|
74.18 |
Renunciation of Prior Right to a Certificate of Appointment of Estate Trustee without a Will |
November 1, 2005 |
|
74.19 |
Consent to Applicant’s Appointment as Estate Trustee without a Will |
November 1, 2005 |
|
74.20 |
Certificate of Appointment of Estate Trustee without a Will |
November 1, 2005 |
|
74.20.1 |
Application for Certificate of Appointment of a Foreign Estate Trustee’s Nominee as Estate Trustee without a Will |
November 1, 2005 |
|
74.20.2 |
Nomination of Applicant by Foreign Estate Trustee |
November 1, 2005 |
|
74.20.3 |
Certificate of Appointment of Foreign Estate Trustee’s Nominee as Estate Trustee without a Will |
November 1, 2005 |
|
74.21 |
Application for Certificate of Appointment as Succeeding Estate Trustee with a Will |
November 1, 2005 |
|
74.22 |
Consent to Applicant’s Appointment as Succeeding Estate Trustee with a Will |
November 1, 2005 |
|
74.23 |
Certificate of Appointment of Succeeding Estate Trustee with a Will |
November 1, 2005 |
|
74.24 |
Application for Certificate of Appointment as Succeeding Estate Trustee without a Will |
November 1, 2005 |
|
74.25 |
Consent to Applicant’s Appointment as Succeeding Estate Trustee without a Will |
November 1, 2005 |
|
74.26 |
Certificate of Appointment of Succeeding Estate Trustee without a Will |
November 1, 2005 |
|
74.27 |
Application for Confirmation by Resealing of Appointment or Certificate of Ancillary Appointment of Estate Trustee |
November 1, 2005 |
|
74.28 |
Confirmation by Resealing of Appointment of Estate Trustee |
November 1, 2005 |
|
74.29 |
Certificate of Ancillary Appointment of Estate Trustee with a Will |
November 1, 2005 |
|
74.30 |
Application for Certificate of Appointment of Estate Trustee During Litigation |
November 1, 2005 |
|
74.31 |
Certificate of Appointment of Estate Trustee During Litigation |
November 1, 2005 |
|
74.32 |
Bond — Insurance or Guarantee Company |
November 1, 2005 |
|
74.33 |
Bond — Personal Sureties |
November 1, 2005 |
|
74.34 |
Registrar’s Notice to Estate Trustee Named in a Deposited Will of Application for Certificate of Appointment of Estate Trustee with a Will |
November 1, 2005 |
|
74.35 |
Registrar’s Notice to Estate Trustee Named in a Deposited Will of Application for Certificate of Appointment of Estate Trustee without a Will |
November 1, 2005 |
|
74.36 |
Order to Accept or Refuse Appointment as Estate Trustee with a Will |
November 1, 2005 |
|
74.37 |
Order to Accept or Refuse Appointment as Estate Trustee without a Will |
November 1, 2005 |
|
74.38 |
Order to Consent or Object to a Proposed Appointment of an Estate Trustee with or without a Will |
July 1, 2007 |
|
74.39 |
Order to File a Statement of Assets of the Estate |
November 1, 2005 |
|
74.40 |
Order to Beneficiary Witness |
November 1, 2005 |
|
74.41 |
Order to Former Spouse |
November 1, 2005 |
|
74.42 |
Order to Pass Accounts |
November 1, 2005 |
|
74.43 |
Affidavit Verifying Estate Accounts |
November 1, 2005 |
|
74.44 |
Notice of Application to Pass Accounts |
July 1, 2007 |
|
74.45 |
Notice of Objection to Accounts |
July 1, 2007 |
|
74.46 |
Notice of No Objection to Accounts |
July 1, 2007 |
|
74.46.1 |
Notice of Non-Participation in Passing of Accounts |
July 1, 2007 |
|
74.47 |
Affidavit in Support of Unopposed Judgment on Passing of Accounts |
November 1, 2005 |
|
74.48 |
Notice of Withdrawal of Objection |
July 1, 2007 |
|
74.49 |
Request for Costs (Person other than Children’s Lawyer or Public Guardian and Trustee) |
July 1, 2007 |
|
74.49.1 |
Request for Costs (Children’s Lawyer or Public Guardian and Trustee) |
July 1, 2007 |
|
74.49.2 |
Request for Increased Costs (Estate Trustee) |
July 1, 2007 |
|
74.49.3 |
Request for Increased Costs (Person other than Estate Trustee) |
July 1, 2007 |
|
74.50 |
Judgment on Unopposed Passing of Accounts |
November 1, 2005 |
|
74.51 |
Judgment on Contested Passing of Accounts |
July 1, 2007 |
|
75.1 |
Notice of Objection |
July 1, 2007 |
|
75.1A |
Request for Assignment of Mediator |
November 1, 2005 |
|
75.1B |
Notice by Mediator |
November 1, 2005 |
|
75.1C |
Statement of Issues |
November 1, 2005 |
|
75.1D |
Certificate of Non-Compliance |
November 1, 2005 |
|
75.2 |
Notice that Objection has been Filed |
July 1, 2007 |
|
75.3 |
Notice to Objector |
July 1, 2007 |
|
75.4 |
Notice of Appearance |
July 1, 2007 |
|
75.5 |
Notice of Application for Directions |
July 1, 2007 |
|
75.6 |
Notice of Motion for Directions |
July 1, 2007 |
|
75.7 |
Statement of Claim Pursuant to Order Giving Directions |
November 1, 2005 |
|
75.8 |
Order Giving Directions Where Pleadings Directed |
July 1, 2007 |
|
75.9 |
Order Giving Directions Where Trial of Issues Directed |
July 1, 2007 |
|
75.10 |
Statement of Submission of Rights to the Court |
July 1, 2007 |
|
75.11 |
Notice of Settlement |
July 1, 2007 |
|
75.12 |
Rejection of Settlement |
July 1, 2007 |
|
75.13 |
Notice of Contestation |
July 1, 2007 |
|
75.14 |
Claim Against Estate |
November 1, 2005 |
|
76A |
Notice Whether Action under Rule 76 |
November 1, 2005 |
|
76B |
Simplified Procedure Motion Form |
November 1, 2005 |
|
76C |
Notice of Readiness for Pre-Trial Conference |
November 1, 2005 |
|
76D |
Trial Management Checklist |
November 1, 2005 |
|
77C |
Case Management Motion Form |
November 1, 2005 |
|
77D |
Trial Management Conference Form |
November 1, 2005 |
|
78A |
Timetable |
November 1, 2005 |
37. Item 36 of Part II of Tariff A of the Regulation is amended by striking out “solicitor’s” and substituting “lawyer’s”.
38. (1) The heading to Tariff C of the Regulation is revoked and the following substituted:
TARIFF C LAWYERS’ Costs Allowed on Passing of Accounts Without a Hearing
(2) Item (2) of Tariff C of the Regulation is amended by striking out “solicitor” and substituting “lawyer”.
(3) The first note to Tariff C of the Regulation is amended by striking out “solicitor” and substituting “lawyer”.
39. (1) Subject to subsection (2), this Regulation comes into force on July 1, 2008.
(2) Subsection 7 (1) comes into force on January 1, 2008.
