O. Reg. 526/21: RULES OF CIVIL PROCEDURE, Filed July 20, 2021 under Courts of Justice Act, R.S.O. 1990, c. C.43

ontario regulation 526/21

made under the

Courts of Justice Act

Made: July 9, 2021
Approved: July 20, 2021
Filed: July 20, 2021
Published on e-Laws: July 20, 2021
Printed in The Ontario Gazette: August 7, 2021

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

(RULES OF CIVIL PROCEDURE)

1. (1) Subrule 1.08 (1) of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by striking out the portion before paragraph 1 and substituting the following:

METHOD OF ATTENDANCE AT HEARINGS, ETC.

Attendance Before the Court

(1) A party seeking a hearing or other step in a proceeding that permits or requires the attendance of parties before the court 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:

. . . . .

(2) Subrule 1.08 (5) of the Regulation is amended by striking out “direct that a case conference be held” and substituting “order a case conference under rule 50.13”.

(3) Subrule 1.08 (6) of the Regulation is amended by striking out “the court shall consider” at the end of the portion before clause (a) and substituting “the court shall consider, as applicable”.

(4) Clause 1.08 (6) (f) of the Regulation is amended by adding “by a method” after “is unable to attend”.

(5) Subrule 1.08 (8) of the Regulation is revoked and the following substituted:

Attendance at Mediations, Oral Examinations

(8) In the case of a mediation under Rule 24.1, 75.1 or 75.2 or of any step to which Rule 34 applies, the mediation or step shall be held by a method of attendance referred to in subrule (1) determined in accordance with the following rules:

1. If the parties and any other person who is required to attend the mediation or step agree on the method of attendance, the mediation or step shall be held by that method.

2. If the parties and any other person who is required to attend the mediation or step fail to agree on the method of attendance,

i. in the case of a mediation to be held under Rule 24.1 or a step to which Rule 34 applies, one of the parties shall request a case conference under rule 50.13 for an order directing the method of attendance, or

ii. in the case of a mediation to be held under Rule 75.1 or 75.2, the court shall, on the motion for directions under rule 75.1.05 or 75.2.03, as the case may be, make an order directing the method of attendance.

3. In making an order directing the method of attendance, the court shall consider any applicable factors listed in subrule (6).

2. Subrule 24.1.09 (7) of the Regulation is amended by adding “and the method of attendance” after “the place, date and time of the session”.

3. The definition of “designated party” in rule 75.1.03 of the Regulation is amended by striking out “in person”.

4. Clause 75.1.05 (4) (d) of the Regulation is revoked and the following substituted:

(d) which parties are required to attend the mediation session, the method of attendance and the manner of service;

5. Subrule 75.1.07 (7) of the Regulation is amended by adding “and the method of attendance” after “the place, date and time of the session”.

6. The definition of “designated party” in rule 75.2.02 of the Regulation is amended by striking out “in person” at the end.

7. The rows for Forms 24.1B, 34A, 34B and 53C in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Form” and substituting “May 3, 2021”.

Commencement

8. This Regulation comes into force on the later of September 1, 2021 and the day this Regulation is filed.

Made by:
Pris par :

Civil Rules Committee:
le Comité des règles en matière civile :

Shannon Chase

Executive Legal Officer/Avocate Directrice
Secretary of the Civil Rules Committee/
Secrétaire du Comité des règles en matière civile
Court of Appeal for Ontario

Date made: July 9, 2021
Pris le : 9 juillet 2021

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

Le procureur général,

Doug Downey

Attorney General

Date approved: July 20, 2021
Approuvé le : 20 juillet 2021