ontario regulation 383/23

made under the

Courts of Justice Act

Made: November 27, 2023
Approved: December 7, 2023
Filed: December 11, 2023
Published on e-Laws: December 11, 2023
Published in The Ontario Gazette: December 30, 2023

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

(RULES OF CIVIL PROCEDURE)

1. (1) Subclause 53.09 (1) (a) (i) of Regulation 194 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(i)  the average of the value for the last Wednesday in each month of the real rate of interest on long-term Government of Canada real return bonds (Series V80691347, formerly Series V121808 and Series B113911), as published on the Bank of Canada’s website for the period starting on March 1 and ending on August 31 in the year before the year in which the trial begins, less ½ per cent and rounded to the nearest 1/10 per cent, and

(2) The definition of “i” in clause 53.09 (2) (b) of the Regulation is revoked and the following substituted:

“i”  is the average of the value for the last Wednesday in each month of the nominal rate of interest on long-term Government of Canada bonds (Series V80691331, formerly Series V121758 and Series B113867), as published on the Bank of Canada’s website for the period starting on March 1 and ending on August 31 in the year before the year in which the trial begins;

(3) Subclause (a) (i) of the definition of “d” in clause 53.09 (2) (b) of the Regulation is revoked and the following substituted:

(i)  the average of the value for the last Wednesday in each month of the real rate of interest on long-term Government of Canada real return bonds (Series V80691347, formerly Series V121808 and Series B113911), as published on the Bank of Canada’s website for the period starting on March 1 and ending on August 31 in the year before the year in which the trial begins, less ½ per cent, and

(4) Subrule 53.09 (3) of the Regulation is revoked and the following substituted:

Transition

(3) Subrules (1) and (2), as they read on December 31, 2013, continue to apply with respect to actions in which the trial commenced before January 1, 2014.

Posted Rates

(4) For the purposes of subrule (1), clause (2) (b) and subrule (3), reference may be made to the rates determined in accordance with this rule and published by the Ministry of the Attorney General on a Government of Ontario website.

2. (1) Clause 61.11 (1) (e) of the Regulation is revoked and the following substituted:

(e)  a certificate stating,

(i)  that an order under subrule 61.09 (2) (original record and exhibits) has been obtained or is not required,

(ii)  how much time (expressed in hours or fractions of an hour) the lawyer estimates will be required for the lawyer’s oral argument, not including reply,

(iii)  that the factum complies with subrule (3) or, if applicable, with an order referred to in that subrule,

(iv)  the number of words contained in Parts I to V, and

(v)  that the person signing the certificate is satisfied as to the authenticity of every authority listed in Schedule A;

(2) Rule 61.11 of the Regulation is amended by adding the following subrules:

(3) Parts I to V shall not exceed 9,200 words and 40 pages, except with leave of the court.

(4) In counting words for the purposes of subclause (1) (e) (iv) and subrule (3), every word used in Parts I to V of the factum shall be counted regardless of where it is used, including, for greater certainty, words used in citations, footnotes, headings or charts, diagrams or other visual aids.

(5) An authority that is published on a government website or otherwise by a government printer, on the Canadian Legal Information Institute website (CanLII), on a court’s website or by a commercial publisher of court decisions is presumed to be authentic for the purposes of subclause (1) (e) (v), absent evidence to the contrary.

3. (1) Clause 61.12 (3) (f) of the Regulation is revoked and the following substituted:

(f)  a certificate stating,

(i)  that an order under subrule 61.09 (2) (original record and exhibits) has been obtained or is not required,

(ii)  how much time (expressed in hours or fractions of an hour) the lawyer estimates will be required for the lawyer’s oral argument, not including reply,

(iii)  that the factum complies with subrule (5.1) or, if applicable, with an order referred to in that subrule,

(iv)  the number of words contained in Parts I to V, and

(v)  that the person signing the certificate is satisfied as to the authenticity of every authority listed in Schedule A;

(2) Rule 61.12 of the Regulation is amended by adding the following subrules:

(5.1) Parts I to V shall not exceed 9,200 words and 40 pages, except with leave of the court.

(5.2) In counting words for the purposes of subclause (3) (f) (iv) and subrule (5.1), every word used in Parts I to V of the factum shall be counted regardless of where it is used, including, for greater certainty, words used in citations, footnotes, headings or charts, diagrams or other visual aids.

(5.3) An authority that is published on a government website or otherwise by a government printer, on the Canadian Legal Information Institute website (CanLII), on a court’s website or by a commercial publisher of court decisions is presumed to be authentic for the purposes of subclause (3) (f) (v), absent evidence to the contrary.

Commencement

4. This Regulation comes into force on the later of January 1, 2024 and the day this Regulation is filed.

Made by:
Pris par :

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

Shannon Chace

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: November 27, 2023
Pris le : 27 novembre 2023

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

Le procureur général,

Doug Downey

Attorney General

Date approved: December 7, 2023
Approuvé le : 7 décembre 2023