ontario regulation 689/20
made under the
Courts of Justice Act
Made: November 23, 2020
Approved: November 26, 2020
Filed: November 30, 2020
Published on e-Laws: November 30, 2020
Printed in The Ontario Gazette: December 19, 2020
Amending Reg. 194 of R.R.O. 1990
(RULES OF CIVIL PROCEDURE)
1. Rules 1.08 and 1.08.1 of Regulation 194 of the Revised Regulations of Ontario, 1990 are revoked and the following substituted:
Method of Attendance at Hearings, EtC.
1.08 (1) A party seeking a hearing or other step in a proceeding that permits or requires the attendance of parties shall, in the forms or other documents required under these rules to be filed in advance of the hearing or step, specify by which of the following methods the party proposes that the parties attend at the hearing or step:
1. In person.
2. By telephone conference.
3. By video conference.
Exception, Court of Appeal
(2) This rule does not apply with respect to proceedings in the Court of Appeal, which may be heard as directed by the court.
Exception, Case Conferences
(3) This rule does not apply with respect to case conferences, which shall be held by telephone conference unless the court specifies a different method of attendance.
Objection
(4) A party who wishes to oppose the proposed method of attendance shall deliver a notice of objection in Form 1A before the earlier of,
(a) 10 days after the document specifying the proposed method of attendance was served on the party; and
(b) seven days before the hearing or step.
Objection to be Dealt with at Case Conference
(5) If a notice of objection is delivered, the court shall direct that a case conference be held to deal with the objection.
Method to be Determined by Order
(6) At the case conference referred to in subrule (5), the court shall make an order directing the method of attendance at the hearing or step and, in doing so, the court shall consider,
(a) the availability of telephone conference or video conference facilities;
(b) the general principle that evidence and argument should be presented orally in open court;
(c) the importance of the evidence to the determination of the issues in the case;
(d) the effect of a telephone conference or video conference on the court’s ability to make findings, including determinations about the credibility of witnesses;
(e) the importance in the circumstances of the case of observing the demeanour of a witness;
(f) whether a party, witness or lawyer for a party is unable to attend because of infirmity, illness or any other reason;
(g) the balance of convenience between any party wishing the telephone conference or video conference and any party or parties opposing; and
(h) any other relevant matter.
No Objection
(7) If no notice of objection is filed, the parties are deemed to have agreed to attendance by the proposed method and, unless the court directs otherwise, the hearing or step shall proceed by that method.
Mandatory Mediations, Oral Examinations for Discovery
(8) This rule applies with the following modifications to mandatory mediations (Rules 24.1 and 75.1) and oral examinations for discovery (Rule 31):
1. One of the parties shall propose the method of attendance by notice to the other parties.
2. If a party delivers a notice of objection, one of the parties shall request a case conference for the court to make an order under subrule (6).
3. The factors in clauses (6) (b) to (e) do not apply.
4. If the court makes an order under subrule (6) directing a telephone conference or video conference, the court shall,
i. direct a party to make the necessary arrangements and to give notice of those arrangements to the other parties, and
ii. make any other direction respecting the telephone conference or video conference, including any related requirements or procedures, that the court considers appropriate in the circumstances.
5. If no notice of objection is filed and the parties are to proceed by telephone conference or video conference, one of the parties shall make the necessary arrangements and give notice of those arrangements to the other parties.
Transition, References under the Solicitors Act
(9) Rule 1.08.1, as it read immediately before it was revoked, continues to apply with respect to a reference under the Solicitors Act of a lawyer’s bill for assessment, if a party to the reference made a request under that rule before the day section 1 of Ontario Regulation 689/20 came into force.
2. Rule 4.01 of the Regulation is revoked and the following substituted:
Document Standards
4.01 A document in writing in a proceeding shall meet the following standards:
1. In the case of a document in paper format,
i. the text shall be printed, typed, written or reproduced legibly, with double spaces between the lines and a margin of approximately 40 millimetres on the left-hand side,
ii. the characters used shall be of at least 12 point or 10 pitch size,
iii. good quality white paper or good quality near white recycled paper 216 millimetres by 279 millimetres shall be used, and
iv. text may appear on one side or on both sides of the paper.
2. In the case of a document that is filed or submitted in electronic format using software authorized by the Ministry of the Attorney General for the purpose, the document must meet,
i. the requirements set out in subparagraph 1 i and ii, and
ii. any requirements specified by the authorized software.
3. The Regulation is amended by adding the following rule:
Electronic Signatures
4.01.1 (1) In this rule,
“electronic signature” means electronic information that a person creates or adopts in order to sign a document and that is in, attached to or associated with the document.
Electronic Signatures Permitted
(2) A document that may or must be signed by the court, a registrar, a judge or an officer under these rules may be signed with an electronic signature.
4. (1) Clause 4.02 (3) (f) of the Regulation is amended by striking out “fax number (if any), e-mail address (if any)” and substituting “e-mail address”.
(2) Clause 4.02 (3) (g) of the Regulation is amended by striking out “fax number (if any)”.
(3) Clause 4.02 (3) (h) of the Regulation is amended by striking out “the fax number and e-mail address” and substituting “the e-mail address”.
5. Rule 4.03 of the Regulation is revoked and the following substituted:
CERTIFIED COPIES OF COURT DOCUMENTS
4.03 (1) The registrar shall provide a certified copy of a document that is in the court file to a person who is entitled to see the document under section 137 of the Courts of Justice Act, if the person files a requisition (Form 4E) and pays the prescribed fee, if any.
Certified Copy in Electronic Format
(2) The registrar may provide a certified copy in electronic format of a document that is in the court file.
Valid Certification
(3) For the purposes of these rules, a copy of a document is validly certified under this rule if,
(a) the copy bears the registrar’s signature and the date of certification; and
(b) in the case of a copy that is provided in electronic format, the copy accurately reproduces the information set out in the document, even if the way in which information is displayed in the document and in the copy differs.
Printed Version of Electronic Certified Copy may be Used
(4) If a certified copy of a document is provided by the registrar in electronic format, a requirement under these rules that a person provide a certified copy of a document to another person in paper format may be satisfied by printing the electronic certified copy by any means that produces the document in paper format and providing the printed version of the certified copy.
6. (1) Subrule 4.05 (1.1) of the Regulation is revoked and the following substituted:
Electronic Issuing
(1.1) Any document to be issued under these rules may be issued electronically,
(a) by the registrar dating, signing and sealing with an electronic version of the seal of the court a copy of the document in electronic format; or
(b) by use of the software authorized by the Ministry of the Attorney General for the purpose.
(2) Subrules 4.05 (7) and (8) of the Regulation are revoked and the following substituted:
Date of Electronic Issuance, Filing
(7) A document that is issued or filed electronically is considered to have been issued or filed, as the case may be, on the date indicated on the document by the registrar or the authorized software.
Issuance, Filing Outside of Business Hours
(8) If a document is issued or filed electronically outside of regular business hours, the registrar or the authorized software shall indicate that the document was issued or filed, as the case may be, on the next day that is not a holiday.
7. The Regulation is amended by adding the following rule:
CaseLines
4.05.3 (1) In this rule,
“CaseLines” means the software authorized by the Ministry of the Attorney General for the purposes of this rule and that is available on the internet under the name “CaseLines”.
Application
(2) This rule applies to all or part of any hearing, pre-trial conference or case conference under these rules, except in a proceeding in the Court of Appeal.
Requirement to Use CaseLines
(3) A party shall provide the following documents to the court by submitting them to CaseLines in accordance with this rule, if the court requires the party to do so:
1. Every document the party files or has filed with the court in respect of the hearing or conference.
2. Subject to subrule (5), any other document in the court file that the party intends to rely on at the hearing or conference and that has not already been submitted to CaseLines by another party.
3. A compendium containing the excerpted portions of the cases and of the evidence to which the party intends to refer during the hearing or conference.
Deadline
(4) Subject to subrule (5), the documents listed in subrule (3) must be submitted to CaseLines by the following deadline:
1. In the case of the hearing of a motion or application where the party is required to give the registrar a confirmation of motion (Form 37B) or confirmation of application (Form 38B), the deadline is the date and time by which the confirmation is required to be given.
2. In any other case, the deadline is five days before the date of the hearing or conference, unless the court orders otherwise.
Transcripts
(5) A transcript for use at a trial shall not be submitted to CaseLines until a party refers to the transcript at trial and files a copy of it in accordance with subrule 34.18 (4), and, for greater certainty, that subrule also applies with respect to the copy submitted to CaseLines.
Document Requirements
(6) Subject to subrule (7), a document that is submitted to CaseLines must meet the following requirements:
1. The document must be submitted in the following formats:
i. A draft order or factum must be submitted in both Portable Document Format (PDF) and Word format.
ii. Any other document must be submitted only in Portable Document Format (PDF) or, if appropriate, in Excel format, except that an exhibit may be submitted in any format accepted by CaseLines.
2. The document name, as submitted to CaseLines, must indicate,
i. the document type,
ii. the type of party submitting the document,
iii. the date on which the document was created or signed, in the format DD-MM-YYYY.
Compendium and Factums
(7) The compendium required by paragraph 3 of subrule (3) and any factums that are submitted to CaseLines must,
(a) be in Portable Document Format (PDF), with bookmarks as appropriate for each document and section heading within each document;
(b) contain,
(i) hyperlinks at which copies of the cited authorities may be viewed without charge, such as hyperlinks to the Canadian Legal Information Institute website (CanLii), e-Laws, the federal Justice Laws website or other similar sites, or
(ii) relevant excerpts of any cited authority for which copies are not available on a website without charge; and
(c) be named in accordance with paragraph 2 of subrule (6).
Document Must be Identical to Document in Court File
(8) The party shall ensure that every document that the party submits to CaseLines is identical to that document as contained in the court file, subject to any modifications required by this rule or the court.
Requirement to Keep Original
(9) A party who submits a document to CaseLines shall,
(a) retain the original document until the 30th day after the expiry of the period for an appeal in the proceeding; and
(b) on the request of the court, the registrar or another party, make the original document available to the court, registrar or party for inspection no later than five days after the request is made.
Document in Court File Prevails
(10) In the event of an inconsistency between information provided in a document in the court file and information provided in a document submitted to CaseLines, the information in the document in the court file prevails.
Does Not Amount to Filing or Service
(11) For greater certainty, submitting documents to CaseLines does not amount to the filing or service of those documents under these rules.
8. Clause 4.06 (1) (e) of the Regulation is amended by striking out “before a person authorized to administer oaths or affirmations” at the end and substituting “in accordance with the Commissioners for Taking Affidavits Act”.
9. Subrule 4.07 (7) of the Regulation is revoked and the following substituted:
Electronic Documents
(7) This rule does not apply to a document that is filed electronically in accordance with these rules or submitted to CaseLines under rule 4.05.3; however, if the same document is filed or provided to the court in paper format, this rule applies to the paper version of the document.
10. (1) Subrule 4.09 (3) of the Regulation is amended by striking out “typewritten” and substituting “typed”.
(2) Rule 4.09 of the Regulation is amended by adding the following subrules:
Transcripts to be Provided in Electronic Format
(12) Unless the court orders otherwise, a transcript that is served, filed, sent or otherwise provided under these rules shall be served, filed, sent or provided in electronic format, except in proceedings in the Court of Appeal.
Same, Transition
(13) Subrule (12) applies to proceedings commenced on or after the day on which subsection 10 (2) of Ontario Regulation 689/20 came into force.
11. The Regulation is amended by adding the following rule:
E-Mailing of Documents, Communications by Registrar
Documents
4.12 (1) Any document that the court or registrar may or must send, give or otherwise provide to a person under these rules may be sent to the person in electronic format by e-mail to,
(a) the e-mail address most recently indicated for the person in the applicable court file, if any; or
(b) in the case of a lawyer whose e-mail address is not indicated in the court file, the e-mail address for the lawyer as published on the Law Society of Ontario’s website.
Communications
(2) Any communication that the court or registrar may or must send to a person in connection with a proceeding under these rules may be sent to the person in electronic format by e-mail to,
(a) the e-mail address most recently indicated for the person in the applicable court file, if any; or
(b) in the case of a lawyer whose e-mail address is not indicated in the court file, the e-mail address for the lawyer as published on the Law Society of Ontario’s website.
Application
(3) This rule applies despite anything to the contrary in these rules.
12. (1) Subrule 13.1.02 (3.1) of the Regulation is revoked and the following substituted:
Where Motion may be Brought
(3.1) Despite rule 37.03 (where motions to be brought) and subrule 76.05 (2) (place of in-person hearings), a motion under subrule (1), (2) or (3) may be brought in the county to which the transfer of the proceeding is sought, in which case, if the motion is to be heard in person, it shall be heard in that county.
(2) Subrule 13.1.02 (5) of the Regulation is amended by striking out “under rule 1.08 (telephone and video conference)” and substituting “by telephone conference or video conference”.
13. Clause 15.04 (4) (c) of the Regulation is revoked and the following substituted:
(c) the telephone number and any e-mail address of the client;
14. Subclause 16.01 (4) (b) (iv) of the Regulation is amended by striking out “if the parties consent or the court orders under subrule 16.06.1 (2), by e-mailing a copy to the party or person” at the beginning and substituting “by e-mailing a copy to the last e-mail address for service provided by the party or other person or, if no such e-mail address has been provided, to the party’s or person’s last known e-mail address”.
15. (1) Clause 16.05 (1) (d) of the Regulation is revoked.
(2) Clause 16.05 (1) (f) of the Regulation is amended by striking out “if the parties consent or the court orders under subrule 16.06.1 (2), by e-mailing a copy to the lawyer’s office” at the beginning and substituting “by e-mailing a copy to the last e-mail address for service provided by the lawyer or, if no such e-mail address has been provided, to the lawyer’s last known e-mail address”.
(3) Subrules 16.05 (2.1), (3) and (3.2) of the Regulation are revoked.
16. (1) Subrule 16.06.1 (1) of the Regulation is amended by striking out “served under subclause 16.01 (4) (b) (iv) or clause 16.05 (1) (f)” in the portion before clause (a) and substituting “served by e-mail in accordance with these rules”.
(2) Clause 16.06.1 (1) (a) of the Regulation is amended by striking out “fax number, if any”.
(3) Subrule 16.06.1 (2) of the Regulation is revoked.
17. Rule 16 of the Regulation is amended by adding the following rule:
Service by Courier
16.06.2 Service of a document by courier in accordance with these rules is effective on the second day following the day the courier was given the document, or, if the second day is a holiday, on the next day that is not a holiday.
18. Subrule 16.09 (6) of the Regulation is revoked.
19. Subrule 20.05 (2) of the Regulation is amended by adding the following clause:
(j.1) that any oral examination of a person or witness proceed by video conference;
20. Rule 34.16 of the Regulation is amended by striking out “typewritten” and substituting “typed”.
21. Rule 34.17 of the Regulation is revoked and the following substituted:
Typed TRANSCRIPT
34.17 (1) The official examiner or person who recorded an examination shall, on the request of a party, have a typed transcript of the examination prepared and completed within four weeks after receipt of the request.
Certification
(2) The transcript shall be certified as correct by the person who recorded the examination, but need not be read to or signed by the person examined.
Copy to be Provided
(3) As soon as the transcript is prepared, the official examiner or person who recorded the examination shall send a copy of the transcript to the party who requested it.
22. Rule 37.03 of the Regulation is revoked and the following substituted:
Where MotionS to be Brought
37.03 Unless the court orders otherwise, all motions shall be brought in the county where the proceeding was commenced or to which it has been transferred under rule 13.1.02 and, if a motion is to be heard in person, it shall be heard in that county.
23. (1) Clause 37.10.1 (1) (b) of the Regulation is amended by striking out “by fax or e-mail” at the end and substituting “by e-mail”.
(2) Clause 37.10.1 (2) (b) of the Regulation is amended by striking out “by fax or e-mail” at the end and substituting “by e-mail”.
(3) Clause 37.10.1 (3) (b) of the Regulation is amended by striking out “by fax or e-mail” at the end and substituting “by e-mail”.
24. Subrule 37.11 (2) of the Regulation is revoked and the following substituted:
(2) The hearing of all other motions shall be open to the public, except as provided in section 135 of the Courts of Justice Act, in which case the presiding judge, case management master or officer shall endorse,
(a) on the notice of motion leave for a hearing in the absence of the public; or
(b) on a separate document in accordance with subrule 59.02 (2), with necessary modifications.
25. Subrule 37.12.1 (4) of the Regulation is amended by striking out “Where the issues of fact and law are not complex, the moving party” at the beginning and substituting “The moving party”.
26. Subrules 37.14 (3), (4) and (5) of the Regulation are amended by striking out “(place of hearing of motions)” wherever it appears and substituting in each case “(where motions to be brought)”.
27. Subrule 37.15 (1) of the Regulation is amended by striking out “(place of hearing of motions)” and substituting “(where motions to be brought)”.
28. Subrule 38.03 (1.1) of the Regulation is revoked and the following substituted:
Place of In-Person Hearings
(1.1) If the application is to be heard in person, it shall be heard in the county where the proceeding was commenced or to which it has been transferred under rule 13.1.02, unless the court orders otherwise.
29. (1) Clause 38.09.1 (1) (c) of the Regulation is amended by striking out “by fax or e-mail” at the end and substituting “by e-mail”.
(2) Clause 38.09.1 (3) (b) of the Regulation is amended by striking out “by fax or e-mail” at the end and substituting “by e-mail”.
30. Clause 38.11 (2) (b) of the Regulation is amended by striking out “(place of hearing of motions)” and substituting “(where motions to be brought)”.
31. Subrule 48.14 (1.2) of the Regulation is amended by striking out “and may be issued electronically” at the end.
32. Subrule 50.05 (1) of the Regulation is revoked and the following substituted:
Attendance
(1) The lawyers for the parties shall appear at the pre-trial conference and, unless the presiding judge or case management master orders otherwise, the parties shall also participate.
33. Subrule 50.13 (2) of the Regulation is revoked and the following substituted:
Attendance
(2) The lawyers for the parties shall appear at the case conference and, unless the judge or case management master orders otherwise, the parties shall also participate.
34. Clause (c) of the definition of “authenticity” in rule 51.01 of the Regulation is amended by striking out “a letter, telegram or telecommunication” and substituting “a letter or e-mail or other telecommunication”.
35. Rule 52.09 of the Regulation is revoked and the following substituted:
RECORDING JURY VERDICT
52.09 The verdict of a jury shall be endorsed on the trial record or on a separate document in accordance with subrule 59.02 (2), with necessary modifications.
36. Subrule 54.05 (2) of the Regulation is amended by striking out “(place of hearing of motions)” and substituting “(where motions to be brought)”.
37. Subrule 57.01 (1) of the Regulation is amended by striking out “and” at the end of subclause (h) (ii) and by adding the following clause:
(h.1) whether a party unreasonably objected to proceeding by telephone conference or video conference under rule 1.08; and
38. Rule 59.02 of the Regulation is revoked and the following substituted:
Endorsement of Orders
59.02 (1) An endorsement of an order shall be made on the appeal book, compendium, record, notice of motion, notice of application or on a separate document by the judge, case management master or officer making the order.
Requirements if Separate Document
(2) A separate document on which an endorsement is made,
(a) may be in paper or electronic format;
(b) may include the reasons for the decision; and
(c) shall include,
(i) the name and signature of the judge, case management master or officer making the order,
(ii) the date on which the endorsement is made,
(iii) the date of the hearing or conference,
(iv) the nature of the hearing or conference,
(v) the relief requested,
(vi) the disposition made at the hearing or conference, and
(vii) a list of the parties and lawyers who participated in the hearing or conference and a list of any parties or lawyers who did not participate in the hearing or conference.
Court File
(3) The registrar shall file endorsements in the court file.
39. Subrules 59.03 (1) and (3) of the Regulation are revoked and the following substituted:
Preparation and Form of Order
Preparation of Draft Order
(1) Any party or person affected by an order may prepare a draft order and send it to all parties who participated in the hearing or conference for approval of its form and content.
Approval
(2) If all the parties who participated in the hearing or conference approve the draft order, the party or other person who prepared the draft order may request that it be issued by the registrar by filing,
(a) the draft order; and
(b) evidence that the parties have approved the draft order.
General Form of Order
(3) A draft order must be in Form 59A (order), 59B (judgment) or 59C (order or certificate on appeal) and must contain,
(a) the name of the judge, case management master or officer who made the order;
(b) the date on which the order was made;
(c) a recital of the particulars necessary to understand the order, including the date of the hearing or conference, the parties who participated in the hearing or conference and those who did not, and any undertaking given by a party as a condition of the order; and
(d) if the order is for the payment of money on which postjudgment interest is payable, the rate of interest and the date from which interest is payable.
40. Rule 59.04 of the Regulation is revoked and the following substituted:
Issuing ORDERS
Issuance
59.04 (1) An order is considered to have been issued on the completion of the following steps:
1. The signing of the order,
i. by the judge, case management master or officer making the order, or
ii. by the registrar in accordance with subrule (3).
2. The registrar’s dating and sealing of the order with the seal of the court.
Electronic Issuance
(2) If an order is issued electronically,
(a) subrule (1) applies instead of subrule 4.05 (1.1); and
(b) for greater certainty, the order may be sealed by use of an electronic version of the seal.
Registrar’s Signature
(3) A registrar where the hearing or conference was held or where the proceeding was commenced may sign a draft order filed under subrule 59.03 (2), if the registrar is satisfied that the draft order,
(a) is in proper form; and
(b) complies with and reflects the terms of an endorsement or decision made by the person indicated in the draft order.
Provision of Issued Order
(4) An issued order shall be provided to the person who filed the draft order by,
(a) having the order e-mailed to,
(i) the e-mail address most recently indicated for the person in the applicable court file, or
(ii) the e-mail address most recently indicated for the person’s lawyer in the applicable court file or, if no e-mail address is indicated in the court file, the e-mail address for the lawyer as published on the Law Society of Ontario’s website;
(b) providing the order through CaseLines, if CaseLines is being used for the hearing or conference; or
(c) making the order available for pickup at the court counter, at the person’s request or if e-mail or CaseLines is not available.
Procedure if Registrar not Satisfied
(5) If the registrar is not satisfied that the draft order meets requirements set out in subrule (3), the registrar shall provide notice using a method set out in subrule (4) to the person who filed the draft order that it does not comply with the requirements.
(6) If the person receives a notice from the registrar under subrule (5), the person may,
(a) file a revised draft order and, if required by the registrar, file the approval of the parties to the order in that form; or
(b) obtain an appointment to have the order settled by the person who made the order, in which case notice of the appointment (Form 59D) shall be served on all parties who participated in the hearing or conference and filed, with proof of service, at least seven days before the appointment date.
Appointment to Settle Where Form of Draft Order not Approved
(7) If approval of the draft order by the parties who participated in the hearing or conference is not received, the person may obtain an appointment to have the order settled by the registrar or, if the registrar considers it necessary, by the person who made the order, and notice of the appointment (Form 59D) shall be served on all other parties who participated in the hearing or conference and filed, with proof of service, at least seven days before the appointment date.
Urgent Cases
(8) In a case of urgency, the order may be settled and signed by the person who made it without the approval of any of the parties who participated in the hearing or conference.
Appointment to Settle Disputed Order
(9) If an objection is taken to the proposed form of the order in the course of its settlement before a registrar, the registrar shall settle the order in the form the registrar considers proper and the objecting party may obtain an appointment with the person who made the order to settle the part of the order to which objection has been taken, in which case the objecting party shall serve notice of the appointment (Form 59D) on all other parties who participated in the hearing or conference and file it, with proof of service, at least seven days before the appointment date.
(10) If the order was made by a court that consisted of more than one judge, the appointment shall be with the judge who presided at the hearing or, where that judge is unavailable, any other judge who participated in the hearing.
(11) The judge with whom an appointment is obtained under subrule (10) may refer the settling of the order to the full court that made the order.
(12) If an appointment is not obtained under subrule (9) or (10) within seven days after the registrar settles the order, the person who filed the draft order or any party may require the registrar to issue the order as settled by the registrar.
(13) After an order has been settled under subrule (9) by the person who made it, or under subrule (10) or (11), the registrar shall issue the order.
Ceasing to Hold Office or Incapacity
(14) If a judge ceases to hold office or becomes incapacitated after making an order but before it is signed, another judge may settle and sign it.
(15) If a case management master ceases to hold office or becomes incapacitated after making an order but before it is signed, another case management master or a judge may settle and sign it.
Transition
(16) This rule, as it read immediately before the day section 40 of Ontario Regulation 689/20 came into force, continues to apply with respect to any orders that were issued before that day and any draft orders that were filed before that day.
41. Rule 59.05 of the Regulation is revoked and the following substituted:
Entering Orders
Order to be Entered and Filed
59.05 (1) On the issuance of an order, the registrar shall,
(a) enter the issued order in accordance with subrule (2) at the place where the hearing or conference was held or where the proceeding was commenced; and
(b) file it in the court file.
(2) The registrar shall enter the issued order by saving a copy of the order in electronic format in the court’s case tracking system and entering details about the order as required by the case tracking system.
(3) An order of the Court of Appeal shall be entered not only by the registrar referred to in subrule (1) but also by the Registrar of the Court of Appeal.
(4) The certificate of the Registrar of the Supreme Court of Canada in respect of an order made on an appeal to that court shall be entered by the local registrar at Toronto and by the registrar in the office where the action or application was commenced, and all subsequent steps may be taken as if the order had been made in the court from which the appeal was taken.
Transition
(5) This rule, as it read immediately before the day section 41 of Ontario Regulation 689/20 came into force, continues to apply with respect to any orders that were issued before that day.
42. Clause 60.17 (b) of the Regulation is amended by striking out “(place of hearing of motions)” and substituting “(where motions to be brought)”.
43. Rule 61.03 of the Regulation is amended by adding the following subrules:
(2.1) Despite subrule (2), only one copy of a motion record, factum or transcript needs to be filed if the filing is done electronically.
. . . . .
(3.1) Despite subrule (3), only one copy of a motion record or factum needs to be filed if the filing is done electronically.
44. (1) Subclause 61.09 (3) (a) (iii) of the Regulation is revoked and the following substituted:
(iii) in the case of a proceeding in the Court of Appeal or if ordered by the court, a typed or printed copy of the transcript of evidence,
(2) Subclause 61.09 (3) (b) (iii) of the Regulation is revoked and the following substituted:
(iii) in the case of a proceeding in the Court of Appeal or if ordered by the court, a typed or printed copy of the transcript of evidence,
45. Subrule 61.13.0.1 (3) of the Regulation is amended by striking out “and may be issued electronically” at the end.
46. Subrule 62.01 (6) of the Regulation is amended by striking out “(place of hearing of motions)” at the end and substituting “(where motions to be brought)”.
47. Subrule 68.07 (3) of the Regulation is amended by striking out “and may be issued electronically” at the end.
48. Subrules 76.05 (2) and (3) of the Regulation are revoked and the following substituted:
Place of In-Person Hearings
(2) If the motion is to be heard in person, it shall be heard in the county where the proceeding was commenced or to which it has been transferred under rule 13.1.02, unless the parties agree otherwise or the court orders otherwise.
Materials
(3) Depending on the practical requirements of the situation, the motion may be made with or without supporting material or a motion record.
49. Subrule 77.07 (4) of the Regulation is revoked and the following substituted:
Materials
(4) Depending on the practical requirements of the situation, the motion may be made with or without supporting material or a motion record.
50. (1) The Table of Forms to the Regulation is amended by adding the following row:
1A |
Notice of Objection to Proposed Method of Attendance |
September 1, 2020 |
(2) The Table of Forms to the Regulation is amended by striking out the row for Form 59D and substituting the following:
59D |
Notice of Appointment to Settle Order |
September 1, 2020 |
(3) The rows for Forms 4C, 4D, 14E, 16B, 30A, 30B, 34A, 34B, 37A, 53A, 53C, 55A, 55B, 55D, 58A, 58B, 59A, 59B, 59C, 61G, 62A, 64A, 64F, 64N, 64O, 64P, 64Q, 68A, 68B, 72B, 73A, 74.6, 74.8, 74.9, 74.10, 74.16, 74.43, 74.47, 74.51, 75.5, 75.6, 75.8, 75.9, 75.1B and 76B 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, 2020”.
Commencement
51. This Regulation comes into force on the later of January 1, 2021 and the day this Regulation is filed.
Made by:
Pris par :
Civil Rules Committee:
Le Comité des règles en matière civile :
Alison Warner
Senior Legal Officer / Avocate Principale,
Court of Appeal of Ontario
Date made: November 23, 2020
Pris le : 23 novembre 2020
I approve this Regulation.
J’approuve le présent règlement.
Le procureur général,
Doug Downey
Attorney General
Date approved: November 26, 2020
Approuvé le : 26 novembre 2020