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O. Reg. 248/21: RULES OF CIVIL PROCEDURE

filed April 6, 2021 under Courts of Justice Act, R.S.O. 1990, c. C.43

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ontario regulation 248/21

made under the

Courts of Justice Act

Made: March 29, 2021
Approved: April 1, 2021
Filed: April 6, 2021
Published on e-Laws: April 6, 2021
Printed in The Ontario Gazette: April 24, 2021

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

(RULES OF CIVIL PROCEDURE)

1. (1) Subrules 4.05.2 (2), (3), (6) and (7) of Regulation 194 of the Revised Regulations of Ontario, 1990 are revoked and the following substituted:

Documents That May be Filed

(2) Any document that may or must be filed under these rules, other than a document listed under subrule 4.05.1 (2) or that is filed for the purposes of rule 60.07, may be filed electronically by submitting the document through the Civil Submissions Online Portal, if the Civil Submissions Online Portal provides for the electronic filing of the document.

Registrar’s Acceptance Required

(3) A document submitted for filing through the Civil Submissions Online Portal is filed only if it is accepted by the registrar.

. . . . .

Documents That May be Issued

(6) Any document that may or must be issued under these rules, other than a document listed under subrule 4.05.1 (7) or that is issued for the purposes of rule 60.07, may be issued electronically by submitting the document through the Civil Submissions Online Portal, if the Civil Submissions Online Portal provides for the electronic issuance of the document.

Registrar’s Acceptance Required

(7) A document submitted for issuance through the Civil Submissions Online Portal will be issued only if it is accepted by the registrar.

(2) Subrule 4.05.2 (11) of the Regulation is amended by striking out “requested to be filed or issued electronically in accordance with this rule” and substituting “submitted for filing or issuance”.

(3) Subrule 4.05.2 (12) of the Regulation is revoked and the following substituted:

No Filing or Issuance Without Acceptance

(12) For greater certainty, a document that is not accepted by the registrar for filing or issuance is not considered to have been filed or issued, as the case may be.

2. The French version of clause 15.04 (4) (a) of the Regulation is amended by striking out “domicile élu s’il est différent” at the end and substituting “adresse aux fins de signification si elle est différente”.

3. The French version of subclause 16.01 (4) (b) (i) of the Regulation is amended by striking out “au dernier domicile élu qu’elle a indiqué” and substituting “à la dernière adresse aux fins de signification qu’elle a indiquée”.

4. The English version of subrule 30.04 (4) of the Regulation is amended by striking out “be taken to and produced” in the portion before clause (a) and substituting “be produced”.

5. The French version of rule 30.06 of the Regulation is amended by striking out “n’est pas” in the portion before clause (a) and substituting “n’est peut-être pas”.

6. (1) Subrule 34.10 (2) of the Regulation is revoked and the following substituted:

Person to be Examined Must Produce Required Documents and Things

(2) The person to be examined shall produce for inspection at the examination,

(a)  on an examination for discovery, all documents in his or her possession, control or power that are not privileged and that subrule 30.04 (4) requires the person to produce; and

(b)  on any examination, including an examination for discovery, all documents and things in his or her possession, control or power that are not privileged and that the notice of examination or summons to witness requires the person to produce.

(2) Subrule 34.10 (3) of the Regulation is amended by striking out “to bring to the examination and produce for inspection” in the portion before clause (a) and substituting “to produce for inspection at the examination”.

7. The French version of subrule 52.06 (2) of the Regulation is amended by adding “témoigne” after “ce témoin”.

8. (1) Clause 59.05 (1) (a) of the Regulation is revoked and the following substituted:

(a)  enter the issued order in accordance with subrule (2) at the place where the proceeding was commenced or to which it has been transferred under rule 13.1.02; and

(2) Subrule 59.05 (4) of the Regulation is amended by striking out “by the local registrar at Toronto and”.

9. The French version of subrule 60.13 (5) of the Regulation is amended by striking out “au domicile élu” and substituting “à l’adresse aux fins de signification”.

10. The French version of clause 64.06 (5) (b) of the Regulation is revoked and the following substituted:

b)  par la poste, s’il s’agit d’une personne qui a enregistré une revendication de privilège en vertu de la Loi sur la construction, à l’adresse aux fins de signification figurant dans la revendication de privilège;

11. Clause 74.15 (1) (c) of the Regulation is amended by striking out “with or without a will” at the end.

12. The French version of the Regulation is amended by striking out “sous forme imprimée” wherever it appears and substituting in each case “sur support papier”.

13. The French version of the Regulation is amended by striking out “domicile élu” wherever it appears and substituting in each case “adresse aux fins de signification”.

14. The French version of the Regulation is amended by striking out “dossier du tribunal” wherever it appears and substituting in each case “dossier du greffe”.

15. The French version of the Regulation is amended by striking out “père ou sa mère”, “père ou à sa mère” and “père ou à la mère” wherever they appear and substituting in each case “parent”.

16. (1) The rows for Forms 4D, 4F, 15C, 16B, 24.1A, 24.1B, 24.1C, 24.1D, 35B, 37B, 37C, 61A, 61A.1, 61C, 61D, 61E, 74.4, 74.4.1, 74.5, 74.5.1, 74.6, 74.7, 74.14, 74.15, 74.16, 74.17, 74.20.1, 74.21, 74.21.1, 74.24, 74.27, 74.30, 74.33, 74.44, 75.2, 75.14, 75.1A, 75.1C, 75.1D, 76A, 76B and 76C in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Form” and substituting “February 1, 2021”.

(2) The Table of Forms to the Regulation is amended by striking out the row for Form 74.38 and substituting the following:

 

74.38

Order to Consent or Object to a Proposed Appointment of an Estate Trustee

February 1, 2021

 

Commencement

17. This Regulation comes into force on the day it 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: March 29, 2021
Pris le : 29 mars 2021

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

Le procureur général,

Doug Downey

Attorney General

Date approved: April 1, 2021
Approuvé le : 1er avril 2021

 

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