ontario regulation 108/21

made under the

Courts of Justice Act

Made: February 2, 2021
Approved: February 8, 2021
Filed: February 11, 2021
Published on e-Laws: February 11, 2021
Printed in The Ontario Gazette: February 27, 2021

Amending O. Reg. 258/98

(RULES OF THE SMALL CLAIMS COURT)

1. Rule 1.05 of Ontario Regulation 258/98 is amended by striking out “typewritten” and substituting “typed”.

2. (1) Subrules 1.05.1 (2) and (3) of the Regulation are revoked and the following substituted:

(2) Any document to be issued under these rules may be issued electronically,

(a)  by the clerk 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.

(3) A document issued in accordance with subrule (2) is deemed to have been issued by the Small Claims Court.

(2) Subrule 1.05.1 (4) of the Regulation is amended by adding “using the authorized software” after “If a document is filed or issued electronically” at the beginning.

(3) Subrule 1.05.1 (5) of the Regulation is revoked and the following substituted:

Date of Filing, Issuance

(5) The date on which a document that is filed or issued electronically is considered to have been filed or issued, as the case may be, is the date indicated for the document,

(a)  by the authorized software, if the document was filed or issued using that software; or

(b)  by the clerk, if the document was issued by the clerk.

(4) Subrule 1.05.1 (8) of the Regulation is revoked.

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

Electronic Court Documents, Communications, Signatures

1.05.2 (1) Any document that the court or clerk may or must send, give or otherwise provide to a person under these rules may be sent to the person in electronic format by email to,

(a)  the email address most recently indicated for the person in the applicable court file, if any; or

(b)  in the case of a lawyer or paralegal whose email address is not indicated in the court file, the email address for the lawyer or paralegal as published on the Law Society of Ontario’s website.

(2) Any communication that the court or clerk 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 email to,

(a)  the email address most recently indicated for the person in the applicable court file, if any; or

(b)  in the case of a lawyer or paralegal whose email address is not indicated in the court file, the email address for the lawyer or paralegal as published on the Law Society of Ontario’s website.

(3) Subrules (1) and (2) apply despite anything to the contrary in these rules.

Electronic Signatures

(4) A document that may or must be signed by the court or a judge, clerk or person presiding at a proceeding or a step in a proceeding under these rules may be signed with an electronic signature.

(5) In subrule (4),

“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.

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

Ceasing to be a Representative

1.09 On ceasing to represent a person in a proceeding, a representative shall notify the court in writing of,

(a)  the person’s last known address and, if different, the address where a document addressed to the person is most likely to come to the person’s attention; and

(b)  the person’s telephone number and email address, if any.

5. Subparagraph 1 iv of subrule 7.01 (2) of the Regulation is revoked and the following substituted:

iv.  If the plaintiff is self-represented, the plaintiff’s address, telephone number and email address (if any).

iv.i  If the plaintiff is represented by a representative, the representative’s name, address, telephone number, email address (if any) and Law Society of Ontario registration number (if any).

6. (1) Subrules 8.01 (4) and (5) of the Regulation are revoked and the following substituted:

Default Judgment

(4) A default judgment (Form 11B) shall be served by the clerk on all parties named in the claim by mail or by email.

Assessment Order

(5) An order made on a motion in writing for an assessment of damages under subrule 11.03 (2) shall be served by the clerk on the plaintiff by mail or by email.

(5.1) A plaintiff who wishes for service under subrule (5) by mail shall provide a stamped, self-addressed envelope with the notice of motion and supporting affidavit.

(2) Subrules 8.01 (6) and (14) of the Regulation are amended by striking out “fax” wherever it appears and substituting in each case “email”.

7. (1) Clause 8.02 (g) of the Regulation is amended by striking out “section 10 of the Proceedings Against the Crown Act” at the end and substituting “section 15 of the Crown Liability and Proceedings Act, 2019”.

(2) Rule 8.02 of the Regulation is amended by adding the following clause:

Attorney General

(g.1)  on the Attorney General of Ontario, by leaving a copy of the document with an employee of the Crown at the Crown Law Office (Civil Law) of the Ministry of the Attorney General;

8. (1) Subrule 8.03 (1) of the Regulation is revoked and the following substituted:

Alternatives to Personal Service

(1) If a document is to be served by an alternative to personal service, service shall be made in accordance with this rule.

(2) Rule 8.03 of the Regulation is amended by adding the following subrules:

Crown in Right of Ontario, Attorney General

(9) Service of a document on the Crown in Right of Ontario or on the Attorney General of Ontario may be made by emailing a copy of the document to the email address for service specified for the Crown or the Attorney General, as the case may be, on the website of the Ministry of the Attorney General.

Children’s Lawyer

(10) Service of a document on the Children’s Lawyer may be made by emailing a copy of the document to the email address for service specified for the Children’s Lawyer on the website of the Ministry of the Attorney General.

Public Guardian and Trustee

(11) Service of a document on the Public Guardian and Trustee, and any service of a document that involves leaving a copy with the Public Guardian and Trustee, may be made with respect to the Public Guardian and Trustee by emailing a copy of the document to the email address for service specified for the Public Guardian and Trustee on the website of the Ministry of the Attorney General.

9. Rule 8.08 of the Regulation is revoked and the following substituted:

Service by Email

8.08 (1) Except as otherwise specified in any other rule, if a document is to be served by email under these rules, it shall be sent to,

(a)  the last email address provided by the person to be served or the person’s representative or, if no email address is provided, to the person’s or representative’s last known email address; or

(b)  in the case of a lawyer or paralegal whose email address is not provided, the email address for the lawyer or paralegal as published on the Law Society of Ontario’s website.

Service by Clerk

(2) In the case of a document to be served by the clerk by email, the document shall, except as otherwise specified in any other rule, be sent to the email address provided for under subrule 1.05.2 (1).

Requirements re Email Message

(3) The email message to which a document served by email in accordance with these rules is attached shall include,

(a)  the sender’s name, address, telephone number, and email address;

(b)  the name of the person or representative being served;

(c)  the date and time of the email; and

(d)  the name and telephone number of a person to contact in the event of a transmission problem.

When Effective

(4) Service of a document by email is deemed to be effective,

(a)  on the day the email is sent; or

(b)  if the email is sent between 4 p.m. and midnight, on the following day.

10. Subparagraphs 1 ii and iii of subrule 9.02 (1) of the Regulation are revoked and the following substituted:

ii.  If the defendant is self-represented, the defendant’s name, address, telephone number and email address (if any).

iii.  If the defendant is represented by a representative, the representative’s name, address, telephone number, and email address (if any) and Law Society of Ontario registration number (if any).

11. Subrule 9.03 (4.1) of the Regulation is amended by striking out “fax” at the end and substituting “email”.

12. Subparagraphs 1 iv and v of subrule 10.01 (4) of the Regulation are revoked and the following substituted:

iv.  If the defendant is self-represented, the defendant’s name, address, telephone number and email address (if any).

v.  If the defendant is represented by a representative, the representative’s name, address, telephone number, email address (if any) and Law Society of Ontario registration number (if any).

13. Subrule 11.1.01 (2.1) of the Regulation is revoked.

14. Subrule 11.2.01 (2) of the Regulation is revoked and the following substituted:

Service of Order

(2) The clerk shall serve a copy of an order made under subrule (1) by mail or by email on a party who requests it.

(2.1) A party who wishes for service under subrule (2) by mail shall provide a stamped, self-addressed envelope for the purpose.

15. Rule 13.03 of the Regulation is amended by adding the following subrule:

(5) Subrule (4) does not prevent the review, by a regional senior judge or a person designated by a regional senior judge, of an audio recording by the court of a settlement conference, for the purpose of reviewing a complaint made under section 33.1 of the Courts of Justice Act.

16. Subrule 13.05 (4) of the Regulation is amended by striking out “before the settlement conference” and substituting “before or at the settlement conference”.

17. Subrule 16.01 (2) of the Regulation is amended by striking out “fax” at the end and substituting “email”.

18. Subrule 20.09 (11.1) of the Regulation is amended by striking out “fax” at the end and substituting “email”.

19. The English version of subrule 21.01 (1) of the Regulation is amended by striking out “justice” in the portion before clause (a) and substituting “judge”.

20. The Table of Forms to the Regulation is revoked and the following substituted:

tABLE OF fORMS

Form Number	Form Title	Date of Form
1A	Additional Parties	January 1, 2021
1A.1	Additional Debtors	January 23, 2014
1B	Request for Telephone or Video Conference	January 23, 2014
4A	Consent to Act as Litigation Guardian	January 1, 2021
4B	Affidavit (Motion for Payment Out of Court)	January 1, 2021
5A	Notice to Alleged Partner	January 23, 2014
7A	Plaintiff’s Claim	January 1, 2021
8A	Affidavit of Service	January 1, 2021
9A	Defence	January 1, 2021
9B	Request to Clerk	January 23, 2014
10A	Defendant’s Claim	January 1, 2021
11A	Affidavit for Jurisdiction	January 1, 2021
11B	Default Judgment	January 1, 2021
11.2A	Request for Clerk’s Order on Consent	January 1, 2021
11.3A	Notice of Discontinued Claim	January 23, 2014
13A	List of Proposed Witnesses	January 1, 2021
13B	Consent	January 23, 2014
14A	Offer to Settle	January 23, 2014
14B	Acceptance of Offer to Settle	January 23, 2014
14C	Notice of Withdrawal of Offer to Settle	January 23, 2014
14D	Terms of Settlement	January 23, 2014
15A	Notice of Motion and Supporting Affidavit	January 1, 2021
15B	Affidavit	January 1, 2021
18A	Summons to Witness	January 23, 2014
18B	Warrant for Arrest of Defaulting Witness	January 23, 2014
20A	Certificate of Judgment	January 23, 2014
20B	Writ of Delivery	January 1, 2021
20C	Writ of Seizure and Sale of Personal Property	January 1, 2021
20D	Writ of Seizure and Sale of Land	January 1, 2021
20E	Notice of Garnishment	January 1, 2021
20E.1	Notice of Renewal of Garnishment	January 1, 2021
20F	Garnishee’s Statement	May 1, 2019
20G	Notice to Co-owner of Debt	January 1, 2021
20H	Notice of Examination	January 23, 2014
20I	Financial Information Form	January 23, 2014
20J	Warrant of Committal	January 1, 2021
20K	Identification Form	January 23, 2014
20L	Notice of Default of Payment	January 23, 2014
20M	Affidavit of Default of Payment	January 1, 2021
20N	Request to Renew Writ of Seizure and Sale	January 23, 2014
20O	Direction to Enforce Writ of Seizure and Sale of Personal Property	January 23, 2014
20P	Affidavit for Enforcement Request	January 1, 2021
20Q	Notice of Garnishment Hearing	January 1, 2021
20R	Notice of Termination of Garnishment	May 1, 2019

 

Commencement

21. This Regulation comes into force on the later of March 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
Secretary of the Civil Rules Committee / Secrétaire du Comité des règles civiles
Court of Appeal of Ontario

Date made: February 2, 2021
Pris le : 2 février 2021

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

Le procureur général,

Doug Downey

Attorney General

Date approved: February 8, 2021
Approuvé le : 8 février 2021