O. Reg. 536/18: RULES OF CIVIL PROCEDURE, Filed December 21, 2018 under Courts of Justice Act, R.S.O. 1990, c. C.43

ontario regulation 536/18

made under the

Courts of Justice Act

Made: October 30, 2018
Approved: December 20, 2018
Filed: December 21, 2018
Published on e-Laws: December 21, 2018
Printed in The Ontario Gazette: January 5, 2019

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

(RULES OF CIVIL PROCEDURE)

1. The French version of subrule 52.03 (1) of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by striking out “de donner leur opinion” and substituting “une opinion”.

2. (1) Subrule 61.04 (1) of the Regulation is amended by adding “or 61A.1” after “Form 61A” in the portion before clause (a).

(2) Subrule 61.04 (3) of the Regulation is amended by adding “or 61A.1” after “Form 61A” in the portion before clause (a).

3. The Regulation is amended by adding the following rule:

Automatic Dismissal by registrar for delay, divisional court appeal

61.13.0.1 (1) Unless the court orders otherwise, the Registrar shall dismiss an appeal to the Divisional Court for delay if the appeal is not set down for hearing or terminated by any means before the later of the fifth anniversary of the filing of the notice of appeal under subrule 61.04 (4) and January 1, 2021.

Exception, Party Under Disability

(2) Subrule (1) does not apply if, at the time the Registrar would otherwise be required under that subrule to dismiss an appeal for delay, the appellant is under a disability.

Form of Order

(3) An order made under subrule (1) shall be in Form 61I.1, and may be issued electronically.

Order to be Served

(4) The Registrar shall serve an order made under subrule (1) on the parties.

Order to Client

(5) A lawyer who is served with an order under subrule (4) on behalf of a client shall promptly give a copy of the order to the client.

Setting Aside

(6) The dismissal of an appeal under this rule may be set aside under rule 37.14.

4. (1) Subrule 62.02 (1) of the Regulation is revoked and the following substituted:

Motion for Leave to Appeal

(1) Leave to appeal to the Divisional Court from any of the following orders shall be obtained from a panel of that court in accordance with this rule:

1. An interlocutory order of a judge of the Superior Court of Justice, under clause 19 (1) (b) of the Courts of Justice Act.

2. A final order of a judge of the Superior Court of Justice for costs, under clauses 19 (1) (a) and 133 (b) of the Courts of Justice Act.

(2) Subrule 62.02 (4) of the Regulation is amended by adding “from an interlocutory order” after “Leave to appeal” in the portion before clause (a).

5. Subrule 68.02 (1) of the Regulation is amended by striking out “68.06” and substituting “68.07”.

6. The Regulation is amended by adding the following rule:

Automatic Dismissal by registrar for delay

68.07 (1) Unless the court orders otherwise, the Registrar shall dismiss an application to the Divisional Court for delay if the application is not set down for hearing or terminated by any means before the later of the fifth anniversary of the filing of the notice of application under subrule 68.01 (1) and January 1, 2021.

Exception, Party Under Disability

(2) Subrule (1) does not apply if, at the time the Registrar would otherwise be required under that subrule to dismiss an application for delay, the applicant is under a disability.

Form of Order

(3) An order made under subrule (1) shall be in Form 68D, and may be issued electronically.

Order to be Served

(4) The Registrar shall serve an order made under subrule (1) on the parties.

Order to Client

(5) A lawyer who is served with an order under subrule (4) on behalf of a client shall promptly give a copy of the order to the client.

Setting Aside

(6) The dismissal of an application under this rule may be set aside under rule 37.14.

7. (1) The rows for Forms 14F, 74.4, 74.4.1, 74.5, 74.5.1, 74.14, 74.15 and 74.30 in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Form” and substituting “September 1, 2018”.

(2) The Table of Forms to the Regulation is amended by striking out the rows for Forms 61A and 68A and substituting the following:

 

61A

Notice of Appeal to the Court of Appeal

September 1, 2018

. . . . .

68A

Notice of Application to Divisional Court for Judicial Review

September 1, 2018

(3) The Table of Forms to the Regulation is amended by adding the following rows:

 

61A.1

Notice of Appeal to the Divisional Court

September 1, 2018

. . . . .

61I.1

Order Dismissing Appeal to Divisional Court for Delay

September 1, 2018

. . . . .

68D

Order Dismissing Application for Judicial Review for Delay

September 1, 2018

Commencement

8. (1) Subject to subsection (2), this Regulation comes into force on the later of January 1, 2019 and the day it is filed.

(2) Section 1 and this section come into force on the day this Regulation is filed.

Made by:
Pris par :

Civil Rules Committee:
Le Comité des règles en matière civile :

Falguni Debnath

Senior Legal Officer / Avocate Principale

Date made: October 30, 2018
Pris le : 30 octobre 2018

I approve this Regulation.
J’approuve le présent règlement.

La procureure générale,

Caroline Mulroney

Attorney General

Date approved: December 20, 2018
Approuvé le : 20 décembre 2018