O. Reg. 440/03: RULES OF THE SMALL CLAIMS COURT
filed December 19, 2003 under Courts of Justice Act, R.S.O. 1990, c. C.43
Skip to contentontario regulation 440/03
made under the
courts of justice act
Made: October 1, 2003
Approved: December 17, 2003
Filed: December 19, 2003
Printed in The Ontario Gazette: January 3, 2004
Amending O. Reg. 258/98
(Rules of the Small Claims Court)
1. Rule 1.06 of Ontario Regulation 258/98 is revoked and the following substituted:
Pilot Project, Toronto Small Claims Court — Use of Electronic Documents
1.06 (1) Where an action has been commenced in the Toronto Small Claims Court on or after December 10, 2001, a lawyer or another person may use electronic documents for issuing and filing in that action during the period that ends on January 1, 2006, if the lawyer or other person,
(a) is named on the list established under subrule (2); and
(b) has filed a requisition (Form 1B) with the clerk.
List
(2) The Attorney General shall establish a list of lawyers and other persons for the Toronto Small Claims Court, in accordance with the following rules:
1. Only a person who has demonstrated capacity and willingness to use information technology as defined in rule 1.02 may be named on the list.
2. The Attorney General may add persons to the list and remove persons from the list.
3. The Attorney General shall keep the list current and shall make copies available at the Toronto Small Claims Court.
Electronic Documents — Standards
(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 use information technology as defined in rule 1.02.
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 clerk requests that it be filed, whichever is earlier; and
(b) shall file the original written version forthwith on the clerk’s request.
(7) When any person files a requisition (Form 1C) to inspect the original written version of the document, the clerk 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 defence or the defendant’s claim; or
(c) make such other order as is just.
Notice
(9) In a proceeding to which this rule applies, any notice required to be given shall be given in writing or electronically.
Copies
(10) In a proceeding to which this rule applies, 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.
Electronic Issuing
(11) In a proceeding to which this rule applies, a document may be issued electronically by using information technology as defined in rule 1.02.
Deemed Issuing
(12) A document issued under subrule (11) shall be deemed to have been issued by the Small Claims Court.
Notice — Document Issued
(13) After a document is issued electronically, notice that it was issued shall be sent to the party that had it issued.
Electronic Filing
(14) In a proceeding to which this rule applies, a document may be filed electronically by using information technology as defined in rule 1.02.
Notice — Document Filed
(15) After a document is filed electronically, notice that it was filed shall be sent to the party that filed it.
Revocation
(16) This rule (rule 1.06) is revoked on January 1, 2006.
2. Subrule 9.01 (1) of the Regulation is amended by striking out “subrule 1.06 (13)” and substituting “subrule 1.06 (10)”.
3. Subrules 10.01 (7) and (8) of the Regulation are revoked and the following substituted:
Electronic Documents
(7) If the defendant’s claim is filed electronically under rule 1.06, subrules 1.06 (11), (12) and (13) apply.
Non-Application
(8) Subrule (7) does not apply on and after January 1, 2006.
4. Subrule 10.03 (1) of the Regulation is amended by striking out “subrule 1.06 (13)” and substituting “subrule 1.06 (10)”.
5. The Regulation is amended by striking out “January 1, 2004” in the following provisions and substituting in each case “January 1, 2006”:
1. Subrule 1.02 (2).
2. Subrule 5.04 (1.1.1).
3. Subrules 8.01 (4.1.1) and (12).
4. Subrules 8.06 (1.1) and (4).
5. Subrule 8.09 (5).
6. Subrule 9.01 (3).
7. Subrules 9.03 (4.3) and (6.1).
8. Subrule 10.03 (3).
9. Subrule 16.01 (1.3).
10. Subrule 20.09 (11.3).
11. Subrule 20.10 (10.1).
12. Forms 1B, 1C and 8C.
6. This Regulation comes into force on December 31, 2003.