O. Reg. 427/01: RULES OF CIVIL PROCEDURE
filed November 22, 2001 under Courts of Justice Act, R.S.O. 1990, c. C.43
Skip to contentONTARIO regulation 427/01
made under the
courts of justice act
Made: May 14, 2001
Approved: July 19, 2001
Filed: November 22, 2001
Printed in The Ontario Gazette: December 8, 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, 243/01, 244/01 and 284/01. Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 20, 2001.
1. (1) Rule 1.03 of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:
“document” includes data and information in electronic form; (“document”)
“electronic” includes created, recorded, transmitted or stored in digital form or in other intangible form by electronic, magnetic or optical means or by any other means that has capabilities for creation, recording, transmission or storage similar to those means, and “electronically” has a corresponding meaning; (“électronique”, “par voie électronique”)
“information technology” means the information technology capable of being accessed on November 22, 2001 through www.justiceontario.net, the electronic filing web site of the Ministry of the Attorney General; (“technologies de l’information”)
(2) On November 22, 2002, rule 1.03 is amended by striking out the definition of “information technology”.
2. Subrule 3.02 (4) of the Regulation is amended by striking out “by consent in writing” and substituting “by filing a consent.”
3. Subrule 3.03 (1) of the Regulation is amended by striking out “all parties consent in writing” and substituting “the consent of all parties is filed”.
4. (1) Subrules 4.01 (1) and (3) of the Regulation are revoked and the following substituted:
Standards — Documents in Writing
(1) A document in writing in a proceeding shall meet the following standards:
1. The text shall be printed, typewritten, written or reproduced legibly, with double spaces between the lines and a margin of approximately 40 millimetres on the left-hand side.
2. The characters used shall be of at least 12 point or 10 pitch size.
3. Good quality white paper or good quality near white recycled paper 216 millimetres by 279 millimetres shall be used.
. . . . .
Standards — Electronic Documents
(3) An electronic document in a proceeding shall meet the following standards:
1. The document shall contain the information and data prescribed in these rules, in a format substantially the same as prescribed in these rules.
2. The information and data contained in the document shall be accessible and usable for subsequent reference.
3. The document shall be capable of being printed as an accurate rendering or reproduction of the document produced or transmitted.
4. The document shall be capable of being printed to produce a document in writing that substantially meets the standards in subrule (1).
5. The document shall use,
i. if rule 4.05.1 applies, the software authorized by the Ministry of the Attorney General,
ii. in any other case, information technology as defined in rule 1.03.
Electronic Forms Requiring Signature
(4) If a form that requires a signature is issued or produced by the court as an electronic document, the use of a unique identifier satisfies the signature requirement.
Electronic Documents — Original Written Versions
(5) An affidavit or a signed or certified document that is filed as an electronic document shall,
(a) clearly identify the signatory; and
(b) be accompanied by a statement of the person filing the electronic document, indicating that,
(i) the original written version of the document is signed by the person identified as signatory in the electronic document, and by a person authorized to administer oaths or affirmations, if applicable, and
(ii) any interlineations, erasures or other alterations in the original written version are initialled by the person or persons mentioned in subclause (i).
(6) A person who makes a statement under clause (5) (b),
(a) shall keep the original written version of the document until the proceeding, including any appeals, is finally disposed of, or until the registrar requests that it be filed, whichever is earlier; and
(b) shall file the original written version forthwith on the registrar’s request.
(7) When any person files a requisition to inspect the original written version of the document, the registrar shall make a request under clause (6) (b).
(8) If a person makes a false statement under clause (5) (b) or fails to comply with subrule (6) the court may,
(a) in the case of a statement made by or on behalf of a plaintiff, dismiss the action;
(b) in the case of a statement made by or on behalf of a defendant, strike out the statement of defence; or
(c) make such other order as is just.
Copies
(9) If these rules permit the electronic filing of a document in a proceeding, any requirement that more than one copy be filed is satisfied if,
(a) the document has already been filed electronically; or
(b) a single version of the document is filed electronically.
(2) On November 22, 2002, subrules 4.01 (3) to (9) of the Regulation are revoked and the following substituted:
Electronic Document
(3) Despite subrule (1), where these rules provide for the electronic issuing or filing of a document in a proceeding, the document is sufficient if it meets the standards of the software authorized by the Ministry of the Attorney General.
5. (1) Rule 4.04 of the Regulation is revoked and the following substituted:
NOTICE TO BE GIVEN IN WRITING OR ELECTRONICALLY
4.04 A notice required to be given by these rules shall be given,
(a) in writing; or
(b) electronically, if the use of electronic means is authorized.
(2) On November 22, 2002, rule 4.04 of the Regulation is revoked and the following substituted:
NOTICE TO BE IN WRITING
4.04 Where these rules require notice to be given, it shall be given in writing.
6. (1) Subrule 4.05 (1.1) of the Regulation is revoked and the following substituted:
Electronic Issuing
(1.1) Where these rules provide for the electronic issuing of a document in a proceeding, the document may be issued electronically by using,
(a) if rule 4.05.1 applies, the authorized software; or
(b) in any other case, information technology as defined in rule 1.03.
(2) On November 22, 2002, subrule 4.05 (1.1) of the Regulation is revoked and the following substituted:
Electronic Issuing
(1.1) Where these rules provide for the electronic issuing of a document in a proceeding, the document may be issued electronically by using the authorized software.
(3) Subrule 4.05 (1.3) of the Regulation is revoked and the following substituted:
Notice — Document Issued
(1.3) After a document is issued electronically, notice that it was issued shall be sent to the party that had it issued.
(4) Subrule 4.05 (4.1) of the Regulation is revoked and the following substituted:
Electronic Filing
(4.1) Where these rules provide for the electronic filing of a document in a proceeding, the document may be filed electronically by using,
(a) if rule 4.05.1 applies, the authorized software; or
(b) in any other case, information technology as defined in rule 1.03.
(5) On November 22, 2002, subrule 4.05 (4.1) of the Regulation is revoked and the following substituted:
Electronic Filing
(4.1) Where these rules provide for the electronic filing of a document in a proceeding, the document may be filed electronically by using the authorized software.
(6) Subrule 4.05 (4.2) of the Regulation is revoked and the following substituted:
Notice — Document Filed
(4.2) After a document is filed electronically, notice that it was filed shall be sent to the party that filed it.
7. Rule 4 of the Regulation is amended by adding the following rule:
USE OF ELECTRONIC DOCUMENTS
4.05.2 (1) Where an action has been commenced in a court office named in the Schedule to this subrule, on or after the date shown in the Schedule opposite the name of the court office, a lawyer or another person who has filed a requisition with the registrar may, subject to subrule (5), use electronic documents for issuing and filing in that action during the pilot project period.
Schedule
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Hamilton |
November 22, 2001
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Cochrane |
November 22, 2001
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(2) The pilot project period begins on November 22, 2001 and ends on November 22, 2002.
Test Period
(3) The test period at a court office, for the purposes of subrules (4) and (5), is the period that begins on the date shown opposite the name of the court office in the Schedule to subrule (1) and ends three months later.
(4) The Attorney General shall establish a list of lawyers and other persons for the test period at a court office named in the Schedule to subrule (1), in accordance with the following rules:
1. Only a person who has demonstrated capacity and willingness to use information technology as defined in rule 1.03 may be named on the list.
2. The Attorney General may add persons to the list and remove persons from the list during the test period.
3. The Attorney General shall keep the list current and shall make copies available at the court office.
(5) During the test period, only a person who is named on the list may use electronic documents as provided in subrule (1).
Revocation
(6) This rule is revoked on November 22, 2002.
8. Subrule 14.07 (3) of the Regulation is amended by striking out “the court’s computer” and substituting “the court computer system”.
9. Rule 15.02 of the Regulation is revoked and the following substituted:
NOTICE OF AUTHORITY TO COMMENCE PROCEEDING
Request for Notice by Solicitor
15.02 (1) A person who is served with an originating process may deliver a request that the solicitor who is named in the originating process as the solicitor for the plaintiff or applicant deliver a notice declaring whether he or she commenced or authorized the commencement of the proceeding or whether his or her client authorized the commencement of the proceeding.
Power of Court
(2) If the solicitor fails to deliver a notice in accordance with the request, the court may,
(a) order the solicitor to do so;
(c) order the solicitor to pay the costs of the proceeding.
Proceeding Commenced without Solicitor’s Authority
(3) If the solicitor declares that he or she did not commence or authorize the commencement of the proceeding, the court may, on motion without notice, stay or dismiss the proceeding.
Proceeding Commenced without Client’s Authority
(4) If a solicitor has commenced a proceeding without the authority of his or her client, the court may, on motion, stay or dismiss the proceeding and order the solicitor to pay the costs of the proceeding.
Effect of Stay
(5) If a proceeding is stayed under this rule, no further step may be taken without leave of the court.
10. Clause 23.01 (1) (c) of the Regulation is amended by striking out “in writing”.
11. Subrule 25.01 (5) of the Regulation is amended by striking out “in writing”.
12. Clause 30.01 (1) (a) of the Regulation is amended by striking out “and information” and substituting “and data and information”.