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R.R.O. 1990, Reg. 188: DUTIES OF CLERKS AND BAILIFFS OF THE SMALL CLAIMS COURT

under Courts of Justice Act, R.S.O. 1990, c. C.43

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Versions
current December 31, 1990 (e-Laws currency date)

Courts of Justice Act
Loi sur les tribunaux judiciaires

R.R.O. 1990, REGULATION 188

DUTIES OF CLERKS AND BAILIFFS OF THE SMALL CLAIMS COURT

Consolidation Period: From December 31, 1990 to the e-Laws currency date.

No amendments.

This Regulation is made in English only.

1. In this Regulation,

“bailiff” means a bailiff of the Small Claims Court;

“clerk” means a clerk of the Small Claims Court. R.R.O. 1990, Reg. 188, s. 1.

2. (1) A clerk shall maintain,

(a) a procedure book with an alphabetical index of entries;

(b) a cash book;

(c) a foreign procedure book; and

(d) a consolidation order book with an alphabetical index of entries. R.R.O. 1990, Reg. 188, s. 2 (1).

(2) A clerk shall make an entry of all claims, defences, third party claims, motions, notices, orders, judgments, warrants and enforcement process and the returns made to them in the procedure book. R.R.O. 1990, Reg. 188, s. 2 (2).

(3) A clerk shall promptly remit all money received in payment of judgments to the persons entitled and shall not retain any such money for more than two months. R.R.O. 1990, Reg. 188, s. 2 (3).

3. A bailiff shall maintain a record of all claims, writs, warrants and other process which are directed to the bailiff for service or enforcement. R.R.O. 1990, Reg. 188, s. 3.

4. (1) A clerk shall on or before the 31st day of January in every year make a return under oath to the Deputy Attorney General or the Deputy’s designee showing the aggregate amount of fees, charges and emoluments that the clerk became entitled to receive during the immediately preceding calendar year. R.R.O. 1990, Reg. 188, s. 4 (1).

(2) Subsection (1) applies to a bailiff with necessary modifications. R.R.O. 1990, Reg. 188, s. 4 (2).

(3) A clerk or bailiff who owes an amount to the Crown in respect of a calendar year shall pay the amount on or before the 31st day of March in the next following calendar year. R.R.O. 1990, Reg. 188, s. 4 (3).