ontario regulation 275/26

made under the

Courts of Justice Act

Made: July 6, 2026
Approved: August 10, 2026
Filed: August 12, 2026
Published on e-Laws: August 12, 2026
Published in The Ontario Gazette: August 29, 2026

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

(RULES OF CIVIL PROCEDURE)

1. (1) Subrule 4.06.1 (2.1) of Regulation 194 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(2.1) A factum shall include a statement signed by the party’s lawyer, or on the lawyer’s behalf by someone the lawyer has specifically authorized, certifying that the person signing the statement is satisfied that,

(a) every authority cited in the factum is authentic; and

(b) every quotation from an authority that appears in the factum accurately reproduces the text of the authority.

(2.1.1) If a party is acting in person, the statement shall be signed by the party, in accordance with subrule 15.01.1 (1).

(2) The French version of subrule 4.06.1 (2.2) of the Regulation is amended by striking out “Tout élément de doctrine ou de jurisprudence qui est publié sur un site Web d’un gouvernement ou autrement par l’imprimeur d’un gouvernement, sur le site Web de l’Institut canadien d’information juridique (CanLII), sur le site Web d’un tribunal ou par un éditeur commercial de décisions judiciaires est présumé” at the beginning and substituting “Toute source qui est publiée sur un site Web d’un gouvernement ou autrement par l’imprimeur d’un gouvernement, sur le site Web de l’Institut canadien d’information juridique (CanLII), sur le site Web d’un tribunal ou par un éditeur commercial de décisions judiciaires est présumée”.

2. Subrules 12.06 (1) and (4) of the Regulation are revoked and the following substituted:

Leave to Appeal

Motion to be Heard by Different Judge

(1) A motion in the Superior Court of Justice for leave to appeal to the Divisional Court under subsection 30 (9), (10) or (11) of the Act shall be heard by a judge other than the judge who made the order.

. . . . .

Procedure

(4) Subrules 61.03.1 (2) to (19) apply, with necessary modifications, to the motion for leave to appeal, except that the notice of motion shall be in Form 37A.

3. (1) Subrule 53.03 (2.1) of the Regulation is amended by adding the following paragraph:

6.3 A statement signed by the expert certifying that the expert is satisfied that every quotation from an authority, document or record that appears in the report accurately reproduces the text of the authority, document or record.

(2) The French version of rule 53.03 of the Regulation is amended by striking out “sources savantes” and “source savante” wherever they appear and substituting in each case “sources” and “source” respectively.

4. (1) Subrule 61.03 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

Motion Record, Factum and Transcripts

(2) On a motion for leave to appeal to the Divisional Court, the moving party shall, within 30 days after filing notice of the motion, serve and file, with proof of service,

. . . . .

(2) Subclauses 61.03 (2) (a) (iv) and (iv.2) of the Regulation are amended by striking out “or printed” wherever it appears.

(3) Clause 61.03 (2) (b) of the Regulation is amended by striking out “and the certificate referred to in subrule 61.16 (4.1)”.

(4) Subrule 61.03 (2) of the Regulation is amended by striking out the portion after clause (c).

(5) Subrule 61.03 (2.1) of the Regulation is revoked.

(6) Subrule 61.03 (3) of the Regulation is amended by striking out “may serve a factum that meets the requirements of rule 4.06.1 and the certificate referred to in subrule 61.16 (4.1), and shall file three copies of the responding party’s motion record” in the portion after clause (b) and substituting “may serve a factum that meets the requirements of rule 4.06.1, and shall file the responding party’s motion record”.

(7) Subrule 61.03 (3.1) of the Regulation is revoked.

5. (1) Rule 61.03.1 of the Regulation is amended by adding the following subrule:

(5.1) The moving party may serve a book of authorities with their factum.

(2) Subrule 61.03.1 (6) of the Regulation is revoked and the following substituted:

(6) Within 30 days after filing the notice of motion for leave to appeal, the moving party shall file the motion record, factum and any transcripts and book of authorities, with proof of service.

(3) Rule 61.03.1 of the Regulation is amended by adding the following subrule:

(9.1) The responding party may serve a book of authorities with their factum.

(4) Subrule 61.03.1 (10) of the Regulation is revoked and the following substituted:

(10) Within 25 days after service of the moving party’s motion record and other documents, the responding party shall file the factum and any motion record and book of authorities, with proof of service.

(5) Subrule 61.03.1 (13) of the Regulation is amended by striking out “three copies of”.

(6) Rule 61.03.1 of the Regulation is amended by adding the following subrule:

Non-Application of Rule if Leave to Single Judge

(20) This rule does not apply to motions for leave to appeal to a single judge of the Court of Appeal under the following provisions, which are subject to the procedures provided for under rule 61.16 for motions before a single judge, with necessary modifications:

1. Paragraph 193 (e) of the Bankruptcy and Insolvency Act (Canada).

2. Section 13 of the Companies’ Creditors Arrangement Act (Canada).

6. (1) Subrule 61.09 (3) of the Regulation is revoked and the following substituted:

Documents to be Served and Filed

(3) The appellant shall serve the following documents on every other party to the appeal and any other person entitled by statute or an order under rule 13.03 (intervention in appeal) to be heard on the appeal, and file them with the Registrar, with proof of service:

1. The appeal book and compendium referred to in rule 61.10.

2. The exhibit book referred to in rule 61.10.1.

3. A copy of the transcript of evidence, if any.

4. The appellant’s factum referred to in rule 61.11, including any book of authorities.

Certificate of Perfection

(3.1) After filing the documents listed in subrule (3), the appellant shall serve on every party and other person referred to in that subrule and file with the Registrar, with proof of service, a certificate of perfection,

(a) stating that the appeal book and compendium, exhibit book, appellant’s factum and any transcripts and book of authorities have been filed; and

(b) setting out, for each party or other person,

(i) the name, address, email address and telephone number of the party’s or other person’s lawyer, or

(ii) the name, address for service, email address for service and telephone number of the party or other person, if acting in person.

(2) Subrule 61.09 (5) of the Regulation is amended by striking out “mail” and substituting “send”.

7. Clauses 61.10 (1) (d) and (e) of the Regulation are amended by striking out “or printed” wherever it appears.

8. (1) Clause 61.11 (1) (e) of the Regulation is amended by striking out “a certificate that” at the beginning and substituting “a certificate signed by the person signing the factum that”.

(2) Subclause 61.11 (1) (e) (ii) of the Regulation is revoked and the following substituted:

(ii) the estimated time (expressed in hours or fractions of an hour) required for the appellant’s oral argument, not including reply,

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

(1.0.1) If the appellant is acting in person, the factum shall be signed by the appellant, in accordance with subrule 15.01.1 (1).

. . . . .

(5) Despite the non-application of subrule 4.06.1 (4) to the Court of Appeal, an appellant in that court may serve and file a book of authorities, with proof of service, together with the appellant’s factum.

9. (1) Subrule 61.12 (1) of the Regulation is revoked and the following substituted:

Respondent’s Factum and Compendium

Filing and Service

(1) Every respondent shall serve on every other party to the appeal and file with the Registrar, with proof of service, the respondent’s factum and compendium, including any book of authorities.

(2) Clause 61.12 (3) (f) of the Regulation is amended by striking out “a certificate that” at the beginning and substituting “a certificate signed by the person signing the factum that”.

(3) Subclause 61.12 (3) (f) (ii) of the Regulation is revoked and the following substituted:

(ii) the estimated time (expressed in hours or fractions of an hour) required for the respondent’s oral argument, not including reply,

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

(3.1) If the respondent is acting in person, the factum shall be signed by the respondent, in accordance with subrule 15.01.1 (1).

. . . . .

(5.3) Despite the non-application of subrule 4.06.1 (4) to the Court of Appeal, a respondent in that court may serve and file a book of authorities, with proof of service, together with the respondent’s factum.

10. (1) Subrule 61.16 (1) of the Regulation is revoked and the following substituted:

Motions in Appellate Court

Application of Rule 37

(1) Rule 37 applies to motions in an appellate court, with necessary modifications, except as otherwise provided in this rule.

(1.0.1) The following provisions of Rule 37 do not apply to motions in an appellate court:

1. Rules 37.02 to 37.04 (jurisdiction to hear motions, place of hearing, to whom to be made).

2. Rule 37.17 (motion before commencement of proceeding).

(2) Subrule 61.16 (1.1) of the Regulation is amended by striking out “Despite subrule (1)” at the beginning.

(3) Subrule 61.16 (3.2) of the Regulation is revoked.

(4) Subrule 61.16 (4) of the Regulation is revoked and the following substituted:

Materials for Motion to be Heard by More Than One Judge

(4) Rule 37.10 applies to a motion to be heard by more than one judge with the following modifications:

1. The moving party must serve and file a motion record and a factum that meets the requirements of rule 4.06.1. The motion record and factum shall be served on every other party and filed, with proof of service, within 30 days after filing the notice of motion.

2. The responding party must serve and file a factum that meets the requirements of rule 4.06.1. The factum and the responding party’s motion record, if any, shall be served on every other party and filed, with proof of service, within 25 days after service of the moving party’s motion record and factum.

3. A party who intends to refer to a transcript of evidence at the hearing shall ensure that it is included in their motion record.

(5) Subrule 61.16 (4.1) of the Regulation is revoked.

(6) Subrule 61.16 (6) of the Regulation is revoked and the following substituted:

Review of Single Judge’s Order

(6) Subrule (4) applies to a motion before a panel to set aside or vary the order of a judge of an appellate court under subsection 7 (5) or 21 (5) of the Courts of Justice Act with the following modifications:

1. The notice of motion shall be served and filed, with proof of service, within seven days after the order is made.

2. The notice of motion shall state that the motion shall be heard in writing, without the attendance of the parties.

3. The moving party shall serve and file the motion record and factum, with proof of service, within 15 days after filing the notice of motion.

4. The responding party shall serve and file the motion record, if any, and factum, with proof of service, within 15 days after service of the moving party’s motion record and factum.

5. If the responding party’s factum raises an issue on which the moving party has not taken a position in their factum, the moving party may serve and file a reply factum, with proof of service, within seven days after service of the responding party’s factum.

6. If, on considering the written materials, the court determines that an oral hearing is warranted, the court shall,

i. order an oral hearing of the motion, and

ii. direct the Registrar to fix a date for the hearing and notify the parties.

11. (1) Clause 68.04 (2) (b.1) of the Regulation is amended by striking out “or printed”.

(2) Clause 68.04 (3) (d.1) of the Regulation is revoked and the following substituted:

(d.1) a certificate signed by the person signing the factum that, in addition to including the statement required by subrule 4.06.1 (2.1), states the estimated time (expressed in hours or fractions of an hour) required for the applicant’s oral argument, not including reply;

(3) Rule 68.04 of the Regulation is amended by adding the following subrule:

(3.1) If the applicant is acting in person, the factum shall be signed by the applicant, in accordance with subrule 15.01.1 (1).

(4) Clause 68.04 (6) (d.1) of the Regulation is revoked and the following substituted:

(d.1) a certificate signed by the person signing the factum that, in addition to including the statement required by subrule 4.06.1 (2.1), states the estimated time (expressed in hours or fractions of an hour) required for the respondent’s oral argument, not including reply;

(5) Subrule 68.04 (7) of the Regulation is revoked and the following substituted:

(7) If the respondent is acting in person, the factum shall be signed by the respondent, in accordance with subrule 15.01.1 (1).

(6) Subrule 68.04 (9) of the Regulation is amended by striking out “three copies of” and substituting “a copy of”.

12. (1) Subclause 68.05 (1) (b) (i) of the Regulation is amended by striking out “address and telephone number” and substituting “address, email address and telephone number”.

(2) Subclause 68.05 (1) (b) (ii) of the Regulation is amended by striking out “address for service and telephone number” and substituting “address for service, email address for service and telephone number”.

(3) Subrule 68.05 (2) of the Regulation is amended by,

(a) striking out “give” and substituting “send” in the English version; and

(b) striking out “by mail”.

13. The row for Form 53 in the Table of Forms to the Regulation is amended by striking out “September 1, 2024” in the column titled “Date of Form” and substituting “June 1, 2026”.

Commencement

14. This Regulation comes into force on the later of September 1, 2026 and the day this Regulation is filed.

Made by:
Pris par :

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

Hayley Pitcher

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

Date made: July 6, 2026
Pris le : 6 juillet 2026

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

Le procureur général,

Doug Downey

Attorney General

Date approved: August 10, 2026
Approuvé le : 10 août 2026