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O. Reg. 249/21: RULES OF THE SMALL CLAIMS COURT

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

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ontario regulation 249/21

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 O. Reg. 258/98

(RULES OF THE SMALL CLAIMS COURT)

1. Ontario Regulation 258/98 is amended by adding the following rules:

Small Claims Court E-Filing Service Portal

1.05.3 (1) In this rule,

“Small Claims Court E-Filing Service Portal” 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 “Small Claims Court E-Filing Service Portal” in English and “Portail du Service de dépôt électronique de la Cour des petites créances” in French.

Limitation

(2) This rule applies to permit the electronic filing or issuance of a document through the Small Claims Court E-Filing Service Portal only if the person filing the document or requesting its issuance agrees to the Portal’s terms of use and submits through the Portal an email address at which the person agrees to accept documents from the court electronically.

Electronic Filing of Plaintiff’s Claim

(3) A plaintiff’s claim (Form 7A) may be filed electronically through the Small Claims Court E-Filing Service Portal if,

(a)  any interest payable in relation to the claim is no greater than 35 per cent per year; and

(b)  the defendant is not a person under disability.

Electronic Filing of Other Documents

(4) Subject to subrule (5), the following documents in a proceeding may be filed electronically through the Small Claims Court E-Filing Service Portal:

1.  An amended plaintiff’s claim (Form 7A), if the claim being amended has not yet been served.

2.  An affidavit of service (Form 8A).

3.  A request to clerk (Form 9B) to note in default or for an assessment hearing.

4.  An affidavit for jurisdiction (Form 11A).

5.  A default judgment (Form 11B).

6.  A notice of discontinued claim (Form 11.3A).

7.  A notice of motion and supporting affidavit (Form 15A) requesting a motion in writing for an assessment of damages.

Application

(5) Subrule (4) does not apply unless,

(a)  the plaintiff’s claim in the proceeding was issued electronically through the Small Claims Court E-Filing Service Portal; and

(b)  no other document in the proceeding has been filed by a method other than through the Small Claims Court E-Filing Service Portal.

Electronic Issuance

(6) The following documents may be issued electronically through the Small Claims Court E-Filing Service Portal:

1.  A plaintiff’s claim (Form 7A).

2.  A default judgment (Form 11B).

Small Claims Court Submissions Online Portal

1.05.4 (1) In this rule,

“Small Claims Court Submissions Online Portal” 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 “Small Claims Court Submissions Online Portal” in English and “Portail de soumission en ligne pour la Cour des petites créances” in French.

Limitation

(2) This rule applies to permit the electronic filing or issuance of a document through the Small Claims Court Submissions Online Portal only if the person requesting the filing or issuance agrees to the Portal’s terms of use and submits through the Portal an email address at which the person agrees to accept documents from the court electronically.

Documents That May be Filed

(3) Subject to subrules (4) and (5), any document that may or must be filed under these rules may be filed electronically by submitting the document through the Small Claims Court Submissions Online Portal, if the Small Claims Court Submissions Online Portal provides for the electronic filing of the document.

Exceptions

(4) Subrule (3) does not apply with respect to,

(a)  a plaintiff’s claim (Form 7A), unless the prescribed filing fee is not required to be paid; or

(b)  a document filed for the purposes of rule 20.07 (writ of seizure and sale of land).

Clerk’s Acceptance Required

(5) A document submitted for filing through the Small Claims Court Submissions Online Portal is filed only if it is accepted by the clerk.

Confirmation of Filing

(6) If the clerk accepts the document for filing, the clerk shall send confirmation of the filing by email.

Filing Date

(7) A document filed in accordance with subrule (5) is, despite subrules 1.05.1 (5) and (6), considered to have been filed on the day indicated in the clerk’s confirmation.

Documents That May be Issued

(8) Subject to subrules (9) and (10), any document that may or must be issued under these rules may be issued electronically by submitting the document through the Small Claims Court Submissions Online Portal, if the Small Claims Court Submissions Online Portal provides for the electronic issuance of the document.

Exceptions

(9) Subrule (8) does not apply with respect to,

(a)  a plaintiff’s claim (Form 7A), unless the prescribed issuance fee is not required to be paid; or

(b)  a document issued for the purposes of rule 20.07 (writ of seizure and sale of land).

Clerk’s Acceptance Required

(10) A document submitted for issuance through the Small Claims Court Submissions Online Portal will be issued only if it is accepted by the clerk.

Confirmation of Issuance

(11) If the clerk accepts the document for issuance, the clerk shall issue the document and send confirmation of the issuance by email, together with the issued document.

Issuance Date

(12) A document issued by the clerk under subrule (11) is, despite subrules 1.05.1 (5) and (6), considered to have been issued on the day indicated in the clerk’s confirmation.

If Clarification Needed

(13) The clerk may request from a person written clarification with respect to a document that is submitted for filing or issuance, and the person shall provide the clarification in the manner specified by the clerk.

No Filing or Issuance Without Acceptance

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

2. Rule 7.01 of the Regulation is amended by adding the following subrule:

Electronic Filing of Claim

(1.1) If the plaintiff’s claim is filed electronically, the requirement to also file a copy of the claim for each defendant does not apply.

3. Rules 7.02, 7.03 and 7.04 of the Regulation are revoked and the following substituted:

Issuing Claim

7.02 (1) On receiving a plaintiff’s claim, the clerk shall immediately issue it by dating, signing and sealing it and assigning it a court file number.

When Electronic Issuance Required

(2) A plaintiff’s claim that is filed electronically shall be issued electronically.

Copies of the Claim

(3) If a plaintiff’s claim is issued electronically,

(a)  the clerk shall save a copy of the issued claim in the court’s case tracking system; and

(b)  the issued claim shall be provided to the plaintiff in electronic format.

(4) If a plaintiff’s claim is not issued electronically, the original claim shall remain in the court file and the clerk shall give copies for service on the defendant to the plaintiff.

4. Subrule 10.01 (6) of the Regulation is amended by striking out “shall place the original” and substituting “shall file it”.

5. Subrule 10.05 (3) of the Regulation is revoked and the following substituted:

Exception, Electronic Filing and Issuance

(3) Despite subrule (1), rules 1.05.3 and 1.05.4 do not apply to a defendant’s claim as if it were a plaintiff’s claim.

6. (1) Subrules 11.01 (1) and (1.1) of the Regulation are revoked and the following substituted:

Noting Defendant in Default

(1) If a defendant to a plaintiff’s claim or a defendant’s claim fails to file a defence to all or part of the claim with the clerk within the prescribed time, the clerk may note the defendant in default on the filing of,

(a)  a request to note the defendant in default, which may be made in Form 9B; and

(b)  proof that the claim was served within the court’s territorial division, subject to subrule (3).

(2) Subrule 11.01 (3) of the Regulation is amended by striking out “submitted to” and substituting “filed with”.

(3) Subrule 11.01 (4) of the Regulation is revoked.

7. (1) Clause 11.03 (2) (b) of the Regulation is revoked and the following substituted:

(b)  file a request for an assessment hearing, which may be in Form 9B.

(2) Subrules 11.03 (2.1) and (2.2) of the Regulation are revoked.

8. Clause 11.1.01 (1) (b) of the Regulation is amended by striking out “subrule 11.03 (2) or (2.1)” and substituting “rule 11.03”.

9. Subrule 11.3.01 (3) of the Regulation is revoked.

10. Subrules 12.01 (1.1) and (1.2) of the Regulation are revoked.

11. Clause 15.02 (1) (c) of the Regulation is amended by striking out “or (2.1) (a)” at the end.

Commencement

12. This Regulation comes into force on the later of May 24, 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: 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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