O. Reg. 168/05: RULES OF CIVIL PROCEDURE

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ontario regulation 168/05

made under the

Courts of Justice Act

Made: February 15, 2005
Approved: April 6, 2005
Filed: April 8, 2005
Printed in The Ontario Gazette: April 23, 2005

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

(Rules of Civil Procedure)

1. Rule 58 of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by adding the following rule:

COSTS FIXED BY REGISTRAR

When Registrar May Fix Costs

58.13 (1) A registrar may fix costs,

(a) if all the parties consent; or

(b) if the lawyer’s fee does not exceed $2,000, exclusive of goods and services tax.

(2) Under clause (1) (b), the registrar shall fix costs of $750 plus disbursements.

Documents to be Filed with Registrar

(3) When costs are to be fixed by the registrar under subrule (1), the party who has been awarded costs shall file with the registrar,

(a) a bill of costs; and

(b) a copy of a receipt for each disbursement.

2. (1) Clause 60.19 (2) (c) of the Regulation is amended by striking out “the costs grid established by”.

(2) Rule 60.19 of the Regulation is amended by adding the following subrules:

(3) A sheriff or registrar may fix costs under clause (2) (c),

(a) if all the parties consent; or

(b) if the lawyer’s fee does not exceed $2,000, exclusive of goods and services tax.

(4) Under clause (3) (b), the sheriff or registrar shall fix costs of $750 plus disbursements.

(5) When costs are to be fixed by the sheriff or registrar under subrule (3), the party who is entitled to costs shall file a bill of costs with the sheriff or registrar.

3. Subrule 61.13 (3) of the Regulation is amended by striking out “with costs” in the portion after clause (b) and substituting “with costs fixed at $750, despite rule 58.13”.

4. This Regulation comes into force on July 1, 2005.

 

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