O. Reg. 244/01: RULES OF CIVIL PROCEDURE

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ONTARIO regulation 244/01

made under the

courts of justice act

Made:  May 14, 2001
Approved:  June 20, 2001
Filed:  June 22, 2001
Printed in The Ontario Gazette: July 7, 2001

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

(Rules of Civil Procedure)

Note: Since the end of 2000, Regulation 194 has been amended by Ontario Regulations 113/01 and 243/01.  Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 20, 2001.

1. Subrules 24.1.04 (1) and (2) of Regulation 194 of the Revised Regulations of Ontario, 1990 are revoked and the following substituted:

Scope

(1) This Rule applies to actions that are,

(a) commenced in,

(i) the City of Toronto on or after January 4, 1999,

(ii) The Regional Municipality of Ottawa-Carleton on or after January 4, 1999 but before January 1, 2001, or

(iii) the City of Ottawa on or after January 1, 2001; and

(b) described in subrule (2).

(2) The actions referred to in clause (1) (b) are,

(a) actions governed by Rule 77 (Civil Case Management); and

(b) actions governed by Rule 76 (Simplified Procedure) and assigned to mandatory mediation by the regional senior judge.

Exceptions, Certain Actions

(2.1) Despite subrules (1) and (2), this Rule does not apply to:

1. An action under the Substitute Decisions Act, 1992 or Part V of the Succession Law Reform Act.

2. An action in relation to a matter that was the subject of a mediation under section 258.6 of the Insurance Act, if the mediation was conducted less than a year before the delivery of the first defence in the action.

2. Subrule 24.1.09 (2) of the Regulation is revoked and the following substituted:

Extension or Abridgment of Time

(2) In considering whether to exercise the power conferred by subrule (1), the court shall take into account all the circumstances, including,

(a) the number of parties, the state of the pleadings and the complexity of the issues in the action;

(b) whether a party intends to bring a motion under Rule 20 (Summary Judgment), Rule 21 (Determination of an Issue Before Trial) or Rule 22 (Special Case);

(c) whether the mediation will be more likely to succeed if the 90-day period is extended to allow the parties to obtain evidence under,

(i) Rule 30 (Discovery of Documents),

(ii) Rule 31 (Examination for Discovery),

(iii) Rule 32 (Inspection of Property),

(iv) Rule 33 (Medical Examination), or

(v) Rule 35 (Examination for Discovery by Written Questions); and

(d) whether, given the nature of the case or the circumstances of the parties, the mediation will be more likely to succeed if the 90-day period is extended or abridged.

3. Rule 24.1.11 of the Regulation is amended by adding the following subrule:

Representative of Insurer

(1.1) If an insurer may be liable to satisfy all or part of a judgment in the action or to indemnify or reimburse a party for money paid in satisfaction of all or part of a judgment in the action, a representative of the insurer is also required to attend the mediation session, unless the court orders otherwise.

4. Rule 24.1.17 of the Regulation is revoked.

5. Item 1.1 of Part I of Tariff A to the Regulation is revoked and the following substituted:

1.1	Preparation and attendance at mediation under Rule 24.1, for each party represented, up to .......... An increased fee may be allowed in the discretion of the assessment officer.	$300
1.2	Preparation and attendance at mediation under Rule 75.1, for each party represented, up to ........ An increased fee may be allowed in the discretion of the assessment officer.	$300

6. Item 23.1 of Part II of Tariff A to the Regulation is revoked and the following substituted:

23.1	Fees actually paid to a mediator in accordance with Ontario Regulation 451/98 made under the Administration of Justice Act.
23.2	Fees actually paid to a mediator in accordance with Ontario Regulation 291/99 made under the Administration of Justice Act.

7. Subsection 2 (2) of Ontario Regulation 453/98 is revoked.

8. This Regulation comes into force on July 3, 2001.

 

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