O. Reg. 537/18: RULES OF CIVIL PROCEDURE
filed December 21, 2018 under Courts of Justice Act, R.S.O. 1990, c. C.43
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made under the
Courts of Justice Act
Made: November 26, 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. Subrules 1.07 (5) and (6) of Regulation 194 of the Revised Regulations of Ontario, 1990 are revoked and the following substituted:
Filing and Publication
(5) A practice direction shall be filed with the secretary of the Civil Rules Committee and published on the Ontario Courts website.
Effective Date
(6) A practice direction does not come into effect before it is filed and published in accordance with subrule (5).
2. Clause 14.05 (3) (h) of the Regulation is amended by adding “requiring a trial” at the end.
3. (1) Rule 15.04 of the Regulation is amended by adding the following subrules:
Notice to Other Parties
(1.1) A motion under subrule (1) shall also be on notice to every other party, but a motion record need not be served on a party who is not the client.
Requirements Respecting Privileged, Prejudicial Information
(1.2) The lawyer making the motion shall ensure that any information contained in the notice of motion or in the motion record that is subject to solicitor-client privilege or that could, if it were disclosed to another person, be prejudicial to the client, including the grounds for the motion, is redacted or omitted from the notice of motion and from the motion record before,
(a) serving the notice of motion or, if applicable, motion record on a party other than the client; or
(b) filing the notice of motion or motion record.
(1.3) The lawyer shall provide to the presiding judge or officer at the hearing the complete and unredacted versions of the notice of motion and motion record, which shall be returned by the judge or officer to the lawyer after the hearing and shall not form part of the court file.
(2) Subrule 15.04 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:
Service on Client
(2) Service on the client of the notice of motion, of the motion record and of any order removing the lawyer from the record shall be made,
. . . . .
(3) Subrule 15.04 (3) of the Regulation is amended by striking out “the notice of motion and the order shall also be served” in the portion before clause (a) and substituting “the complete and unredacted notice of motion and motion record, and any order removing the lawyer from the record, shall also be served”.
4. Clause 24.1.04 (2) (e) of the Regulation is amended by striking out “Construction Lien Act” and substituting “Construction Act”.
5. Rule 29.1.01 of the Regulation is amended by striking out “under clause 20.05 (2) (d)” at the end and substituting “under these rules”.
6. Rule 29.1.05 of the Regulation is amended by adding the following subrule:
Court may Impose Discovery Plan
(2) If the parties fail to agree to a discovery plan in accordance with this Rule, the court may order that examinations for discovery be conducted in accordance with a discovery plan established by the court, which may set a schedule for examinations and impose such limits on the right of discovery as are just.
7. (1) Subrules 37.10.1 (1) and (2) of the Regulation are revoked and the following substituted:
Confirmation of Motion
(1) A party who makes a motion on notice to another party shall confer or attempt to confer with the other party and shall, not later than 2 p.m. three days before the hearing date,
(a) give the registrar a confirmation of motion (Form 37B) by,
(i) sending it by fax, or by e-mail if available in the court office, or
(ii) leaving it at the court office; and
(b) send a copy of the confirmation of motion to the other party by fax or e-mail.
Failure to Send Copy of Confirmation
(2) If a party fails to send a copy of the confirmation of motion to a responding party in accordance with clause (1) (b), the responding party may, not later than 10 a.m. two days before the hearing date,
(a) give the registrar a confirmation of motion (Form 37B) by,
(i) sending it by fax, or by e-mail if available in the court office, or
(ii) leaving it at the court office; and
(b) send a copy of the confirmation of motion to the moving party by fax or e-mail.
(2) Rule 37.10.1 of the Regulation is amended by adding the following subrules:
Effect of Failure to Confirm
(4) If no confirmation is given under subrule (1), the motion shall not be heard and is deemed to have been abandoned, unless the court orders otherwise.
Costs
(5) If a motion is deemed to have been abandoned under subrule (4) and the responding party gave a confirmation of motion in accordance with subrule (2), the responding party may be heard on the costs of the abandoned motion on the hearing date scheduled for the abandoned motion.
8. (1) Subrule 53.03 (2.2) of the Regulation is amended by striking out “subrules (1) and (2)” and substituting “subrules (1), (2) and (3)”.
(2) Subrule 53.03 (3) of the Regulation is amended by striking out “or” at the end of clause (a) and by striking out clause (b) and substituting the following:
(b) a supplementary report served on every other party to the action not less than 45 days before the commencement of the trial; or
(c) a responding supplementary report served on every other party to the action not less than 15 days before the commencement of the trial.
9. Clause 58.07 (a) of the Regulation is revoked and the following substituted:
(a) the notice of motion or application served, together with an affidavit that the notice was not filed within the prescribed time, that a confirmation of motion was not given under subrule 37.10.1 (1) or that the moving party, applicant, plaintiff or appellant did not appear at the hearing, as the case may be;
10. Clause 64.06 (5) (b) of the Regulation is amended by striking out “Construction Lien Act” and substituting “Construction Act”.
11. Clause 76.01 (1) (b) of the Regulation is amended by striking out “Construction Lien Act” and substituting “Construction Act”.
12. Clause 77.02 (2) (h) of the Regulation is amended by striking out “Construction Lien Act” and substituting “Construction Act”.
13. The row for Form 37B in the Table of Forms to the Regulation is amended by striking out “July 1, 2007” in the column titled “Date of Form” and substituting “September 1, 2018”.
Commencement
14. (1) Subject to subsection (2), this Regulation comes into force on the later of January 1, 2019 and the day it is filed.
(2) Sections 4, 10, 11 and 12 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: November 26, 2018
Pris le : 26 novembre 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