O. Reg. 263/03: RULES OF CIVIL PROCEDURE
filed June 27, 2003 under Courts of Justice Act, R.S.O. 1990, c. C.43
Skip to contentONTARIO regulation 263/03
made under the
courts of justice act
Made: April 24, 2003
Approved: June 25, 2003
Filed: June 27, 2003
Printed in The Ontario Gazette: July 12, 2003
Amending Reg. 194 of R.R.O. 1990
(Rules of Civil Procedure)
Note: Since the end of 2002, Regulation 194 has been amended by Ontario Regulations 19/03 and 54/03. Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 18, 2003.
1. (1) Paragraphs 4 and 5 of subrule 4.05.1 (2) of Regulation 194 of the Revised Regulations of Ontario, 1990 are revoked and the following substituted:
4. A request to renew under subrule 60.07 (8.1).
5. An amendment to the writ under subrule 60.07 (11.1).
(2) Rule 4.05.1 of the Regulation is amended by adding the following subrule:
(3) The Minister of Finance may use the authorized software to file electronically the following documents, to date them and to record the date of issue or filing:
1. A warrant described in rule 60.07.1.
2. A request to renew under subrule 60.07 (8.1) that relates to a warrant described in rule 60.07.1.
3. An amendment under subrule 60.07 (11.1) that relates to a warrant described in rule 60.07.1.
4. A withdrawal under subrule 60.15 (2.1) that relates to a warrant described in rule 60.07.1.
2. Subrule 14.03 (4.1) of the Regulation is amended by striking out “Form 14A, 14B, 14C or 14D” and substituting “Form 14A, 14B or 14C”.
3. The English version of subrule 30.1.01 (8) of the Regulation is amended by striking out “the interests of justice outweigh” and substituting “the interest of justice outweighs”.
4. (1) Clause 53.09 (1) (a) of the Regulation is amended by striking out “(Series B113911)” and substituting “(Series V121808, formerly Series B113911)”.
(2) Clause 53.09 (2) (b) of the Regulation is amended,
(a) by striking out “(Series B113867)” and substituting “(Series V121758, formerly Series B113867)”; and
(b) by striking out “(Series B113911)” and substituting “(Series V121808, formerly Series B113911)”.
5. The Regulation is amended by adding the following rule:
WARRANT ISSUED BY MINISTER OF FINANCE
Application of Rules
60.07.1 (1) These rules apply, with necessary modifications, to a warrant that is issued by the Minister of Finance under an Act and directed to a sheriff, as if the warrant were a writ of seizure and sale.
Electronic Filing
(2) A warrant described in subrule (1) may be filed electronically under subrule 4.05.1 (3).
Direction to Enforce
(3) When a warrant described in subrule (1) has been filed with the sheriff, the Minister of Finance may file with the sheriff a direction to enforce setting out,
(a) the date and amount of the warrant;
(b) the rate of interest payable;
(c) the date and amount of any payment received since the warrant was issued; and
(d) the amount owing under the warrant, including interest,
and directing the sheriff to enforce the warrant for the amount owing, subsequent interest and the sheriff’s fees and expenses.
6. (1) Subrule 61.16 (1) of the Regulation is revoked and the following substituted:
Rule 37 Applies Generally
(1) Rule 37, except rules 37.02 to 37.04 (jurisdiction to hear motions, place of hearing, to whom to be made) and rule 37.17 (motion before commencement of proceeding), applies to motions in an appellate court, with necessary modifications.
(2) Subrule 61.16 (3.1) of the Regulation is revoked.
(3) Subrule 61.16 (4) of the Regulation is revoked and the following substituted:
Motion Record and Factum
(4) On a motion referred to in subrule (3),
(a) the moving party,
(i) shall serve a motion record that contains the documents referred to in subrule 37.10 (2) and a factum consisting of a concise argument stating the facts and law relied on by the moving party, and
(ii) shall file three copies of the moving party’s motion record and factum, with proof of service, within 30 days after filing the notice of motion;
(b) the responding party,
(i) may, if of the opinion that the moving party’s motion record is incomplete, serve a motion record that contains the documents referred to in subrule 37.10 (3),
(ii) shall serve a factum consisting of a concise argument stating the facts and law relied on by the responding party, and
(iii) shall file three copies of the responding party’s motion record and factum, with proof of service, within 25 days after service of the moving party’s motion record and factum; and
(c) a party who intends to refer to a transcript of evidence at the hearing shall ensure that it is included in the motion record.
(4) Rule 61.16 of the Regulation is amended by adding the following subrules:
Registrar to Dismiss for Delay
(7) If the moving party has not served and filed the motion record and other documents in accordance with subrule (4),
(a) the responding party may make a motion to the Registrar, on 10 days notice to the moving party, to have the motion dismissed for delay;
(b) the Registrar may serve notice on the moving party that the motion will be dismissed for delay unless the motion record and other documents are served and filed within 10 days after service of the notice.
(8) The Registrar shall make an order in Form 61J.1 dismissing the motion for delay, with costs, if the moving party,
(a) in the case of a motion under clause (7) (a), does not serve and file the motion record and other documents before the hearing of that motion, or within such longer period as a judge of the appellate court allows;
(b) in the case of a notice under clause (7) (b), does not serve and file the motion record and other documents within 10 days after the notice is served, or within such longer period as a judge of the appellate court allows.
7. The English version of subrule 67.02 (2) of the Regulation is amended by striking out “maintenance” and substituting “support”.
8. The English version of subrule 72.03 (14) of the Regulation is amended by striking out “maintenance” and substituting “support”.
9. Subrule 76.02 (7) of the Regulation is revoked and the following substituted:
Continuance Under Simplified Procedure — Where Notice Required
(7) An action that was not commenced under this Rule is continued under this Rule if,
(a) the consent of all the parties is filed; or
(b) no consent is filed but,
(i) the plaintiff’s pleading is amended to comply with subrule (1) , and
(ii) all other claims, counterclaims, crossclaims and third party claims comply with this Rule.
10. The Regulation is amended by adding the following Form:
Form 61J.1
Courts of Justice Act
Order dismissing motion for delay
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11. (1) Subject to subsection (2), this Regulation comes into force on January 1, 2004.
(2) Sections 1, 4 and 5 come into force on filing.