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ONTARIO REGULATION 78/06

made under the

COURTS OF JUSTICE ACT

Made: January 30, 2006
Approved: March 9, 2006
Filed: March 10, 2006
Published on e-Laws: March 13, 2006
Printed in The Ontario Gazette: March 25, 2006

Amending O. Reg. 258/98

(Rules of the Small Claims Court)

Note: Ontario Regulation 258/98 has previously been amended. Those amendments are listed in the Table of Regulations – Legislative History Overview which can be found at www.e-Laws.gov.on.ca.

1.  The heading to Rule 1 of Ontario Regulation 258/98 is revoked and the following substituted:

RULE 1  GENERAL

2.  (1)  The definition of “information technology” in subrule 1.02 (1) of the Regulation is revoked.

(2)  Subrule 1.02 (1) of the Regulation is amended by adding the following definition:

“self-represented”, when used in reference to a person, means that the person is not represented by a lawyer, student-at-law or agent. (“s’autoreprésenter”)

(3)  Subrule 1.02 (2) of the Regulation is revoked.

3.  Subrule 1.03 (2) of the Regulation is revoked and the following substituted:

Matters Not Covered in Rules

(2)  If these rules do not cover a matter adequately, the court may give directions and make any order that is just, and the practice shall be decided by analogy to these rules, by reference to the Courts of Justice Act and the Act governing the action and, if the court considers it appropriate, by reference to the Rules of Civil Procedure.

4.  Rules 1.05 and 1.06 of the Regulation are revoked and the following substituted:

Standards for Documents

1.05  A document in a proceeding shall be printed, typewritten, written or reproduced legibly.

Forms

1.06  (1)  The forms prescribed by these rules shall be used where applicable and with such variations as the circumstances require.

Table of Forms

(2)  In these rules, when a form is referred to by number, the reference is to the form with that number that is described in the Table of Forms at the end of these rules and is available on the Internet through www.ontariocourtforms.on.ca.

Additional Parties

(3)  If a form does not have sufficient space to list all of the parties to the action on the first page, the remaining parties shall be listed in Form 1A and appended to the form immediately following the first page.

Telephone and Video Conferences — Where Available

1.07  (1)  If facilities for a telephone or video conference are available at the court, all or part of any of the following may be heard or conducted by telephone or video conference as permitted by subrules (2) and (3):

1. A settlement conference.

2. A motion.

Request to be Made

(2)  A settlement conference or motion may be heard or conducted by telephone or video conference if a party files a request for the conference (Form 1B), indicating the reasons for the request, and the court grants the request.

Balance of Convenience

(3)  In deciding whether to direct a telephone or video conference, the judge shall consider,

(a) the balance of convenience between the party that wants the telephone or video conference and any party that opposes it; and

(b) any other relevant matter.

Arrangements for Conference

(4)  If an order directing a telephone or video conference is made, the court shall make the necessary arrangements for the conference and notify the parties of them.

Setting Aside or Varying Order

(5)  A judge presiding at a proceeding or step in a proceeding may set aside or vary an order directing a telephone or video conference.

5.  Subrule 4.02 (2) of the Regulation is amended by striking out “Form 4B” in the portion before clause (a) and substituting “Form 4A”.

6.  Subrules 5.04 (1.1) and (1.1.1) of the Regulation are revoked.

7.  Subrule 5.05 (3) of the Regulation is amended by striking out “move before a judge” and substituting “make a motion”.

8.  (1)  Rule 6.01 of the Regulation is revoked and the following substituted:

Place of Commencement and Trial

6.01  (1)  An action shall be commenced,

(a) in the territorial division,

(i) in which the cause of action arose, or

(ii) in which the defendant or, if there are several defendants, in which any one of them resides or carries on business; or

(b) at the court’s place of sitting that is nearest to the place where the defendant or, if there are several defendants, where any one of them resides or carries on business.

(2)  An action shall be tried in the place where it is commenced, but if the court is satisfied that the balance of convenience substantially favours holding the trial at another place than those described in subrule (1), the court may order that the action be tried at that other place.

(3)  If, when an action is called for trial or settlement conference, the judge finds that the place where the action was commenced is not the proper place of trial, the court may order that the action be tried in any other place where it could have been commenced under this rule.

(2)  Rule 6.03 of the Regulation is revoked.

9.  (1)  Subparagraph 1 iv of subrule 7.01 (2) of the Regulation is amended by striking out “unrepresented” and substituting “self-represented”.

(2)  Subrule 7.01 (3) of the Regulation is revoked.

10.  Subrules 8.01 (3.1), (4), (4.1), (4.1.1), (5), (6), (7), (8), (9), (10), (11) and (12) of the Regulation are revoked and the following substituted:

Default Judgment

(4)  A default judgment (Form 11B) shall be served by the clerk, by mail or by fax, on all parties named in the claim.

Assessment Order

(5)  An order made on a motion in writing for an assessment of damages under subrule 11.03 (2) shall be served by the clerk to the moving party if the party provides a stamped, self-addressed envelope with the notice of motion.

Settlement Conference Order

(6)  An order made at a settlement conference shall be served by the clerk by mail or by fax, on all parties that did not attend the settlement conference.

Summons to Witness

(7)  A summons to witness (Form 18A) shall be served personally by the party who requires the presence of the witness, or by the party’s lawyer or agent, at least 10 days before the trial date; at the time of service, attendance money calculated in accordance with the regulations made under the Administration of Justice Act shall be paid or tendered to the witness.

Notice of Garnishment

(8)  A notice of garnishment (Form 20E) shall be served by the creditor,

(a) together with a sworn affidavit for enforcement request (Form 20P), on the debtor, by mail, by courier, personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03; and

(b) together with a garnishee’s statement (Form 20F), on the garnishee, by mail, by courier, personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03.

Notice of Garnishment Hearing

(9)  A notice of garnishment hearing (Form 20Q) shall be served by the person requesting the hearing on the creditor, debtor, garnishee and co-owner of the debt, if any, and any other interested persons by mail, by courier, personally as provided in rule 8.02 or by an alternative to personal services as provided in rule 8.03.

Notice of Examination

(10)  A notice of examination (Form 20H) shall be served by the creditor on the debtor or person to be examined by mail, by courier, personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03.

Financial Statement

(11)  If the person to be examined is the debtor and the debtor is an individual, the creditor shall serve the notice of examination on the debtor together with a blank financial information form (Form 20I).

(12)  The notice of examination and, if applicable, the financial information form shall be served at least 30 days before the date fixed for the examination.

Notice of Contempt Hearing

(13)  A notice of a contempt hearing shall be served by the creditor on the debtor or person to be examined personally as provided in rule 8.02.

Other Documents

(14)  A document not referred to in subrules (1) to (13) may be served by mail, by courier, by fax, personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03, unless the court orders otherwise.

11.  (1)  Clause 8.03 (2) (b) of the Regulation is amended by adding “or sending by courier” after “mailing”.

(2)  Subrule 8.03 (3) of the Regulation is revoked and the following substituted:

Corporation

(3)  If the head office or principal place of business of a corporation or, in the case of an extra-provincial corporation, the attorney for service in Ontario cannot be found at the last address recorded with the Ministry of Government Services, service may be made on the corporation,

(a) by mailing or sending by courier a copy of the document to the corporation or to the attorney for service in Ontario, as the case may be, at that address; and

(b) by mailing or sending by courier a copy of the document to each director of the corporation as recorded with the Ministry of Government Services, at the director’s address as recorded with that Ministry.

(3)  Subrule 8.03 (4) of the Regulation is amended by adding “or verified by courier that it was delivered” at the end.

(4)  Subrule 8.03 (7) of the Regulation is amended by adding “or by courier” after “mail”.

(5)  Subrule 8.03 (8) of the Regulation is amended by striking out “after the date of mailing if an affidavit of service (Form 8B)” in the portion before clause (a) and substituting “after the date the document is mailed or verified by courier that it was delivered if an affidavit of service (Form 8A)”.

12.  Rule 8.05 of the Regulation is amended by striking out “allow” and substituting “award”.

13.  Rule 8.06 of the Regulation is revoked and the following substituted:

Proof of Service

8.06  An affidavit of service (Form 8A) made by the person effecting the service constitutes proof of service of a document.

14.  The English version of subrule 8.07 (1) of the Regulation is amended by striking out “sent by mail” in the portion before clause (a) and substituting “served by mail”.

15.  Rule 8 of the Regulation is amended by adding the following rule:

Service by Courier

8.07.1  (1)  If a document is to be served by courier under these rules, it shall be sent by means of a commercial courier to the last address of the person or of the person’s lawyer or agent that is on file with the court or known to the sender.

When Effective

(2)  Service of a document sent by courier is deemed to be effective on the fifth day following the date on which the courier verifies to the sender that the document was delivered.

Exception

(3)  Subrule (2) does not apply when a claim is served by courier under subrule 8.03 (7).

16.  Rule 8.09 of the Regulation is revoked and the following substituted:

Notice of Change of Address

8.09  (1)  A party whose address for service changes shall serve notice of the change on the court and other parties within seven days after the change takes place.

(2)  Service of the notice may be proved by affidavit if the court orders that proof of service is required.

17.  (1)  Subrule 9.01 (1) of the Regulation is amended by striking out “(unless subrule 1.06 (10) applies because the defence is filed electronically)”.

(2)  Subrule 9.01 (2) of the Regulation is amended by striking out “or (3.1)” at the end.

(3)  Subrule 9.01 (3) of the Regulation is revoked.

18.  Subparagraph 1 ii of subrule 9.02 (1) of the Regulation is revoked and the following substituted:

ii. If the defendant is self-represented, the defendant’s name, address and telephone number, and fax number if any.

19.  Subrule 9.02 (2) of the Regulation is revoked.

20.  (1)  Clause 9.03 (2) (b) of the Regulation is revoked and the following substituted:

(b) the plaintiff may serve a notice of default of payment (Form 20L) on the defendant if the defendant fails to make payment in accordance with the proposal; and

(c) the clerk shall sign judgment for the unpaid balance of the undisputed amount on the filing of an affidavit of default of payment (Form 20M) by the plaintiff swearing,

(i) that the defendant failed to make payment in accordance with the proposal,

(ii) to the amount paid by the defendant and the unpaid balance, and

(iii) that 15 days have passed since the defendant was served with a notice of default of payment.

(2)  Subrule 9.03 (3) of the Regulation is revoked and the following substituted:

Dispute

(3)  The plaintiff may dispute the proposal within 20 days after service of the defence by filing with the clerk and serving on the defendant a request to clerk (Form 9B) for a terms of payment hearing before a referee or other person appointed by the court.

(3)  Subrules 9.03 (4.2) and (4.3) of the Regulation are revoked and the following substituted:

Financial Information Form, Defendant an Individual

(4.2)  The clerk shall serve a financial information form (Form 20I) on the defendant, together with the notice of hearing, if the defendant is an individual.

(4.3)  Where a defendant receives a financial information form under subrule (4.2), he or she shall complete it and serve it on the creditor before the hearing, but shall not file it with the court.

(4)  Subrule 9.03 (5) of the Regulation is amended by striking out “(Form 9C)”.

(5)  Subrules 9.03 (6) and (6.1) of the Regulation are revoked and the following substituted:

Failure to Appear, Default Judgment

(6)  If the defendant does not appear at the hearing, the clerk may sign default judgment against the defendant for the part of the claim that has been admitted and shall serve a default judgment (Form 11B) on the defendant in accordance with subrule 8.01 (4).

21.  (1)  Subrule 10.01 (2) of the Regulation is revoked and the following substituted:

(2)  The defendant’s claim shall be in Form 10A and may be issued,

(a) within 20 days after the day on which the defence is filed; or

(b) after the time described in clause (a) but before trial or default judgment, with leave of the court.

(2)  Subparagraphs 1 i and iv of subrule 10.01 (4) of the Regulation are revoked and the following substituted:

i. The full names of the parties to the defendant’s claim and, if relevant, the capacity in which they sue or are sued.

. . . . .

iv. If the defendant is self-represented, the defendant’s name, address and telephone number, and fax number if any.

(3)  Paragraph 1 of subrule 10.01 (4) of the Regulation is amended by adding the following subparagraph:

vii. The court file number assigned to the plaintiff’s claim.

(4)  Subrules 10.01 (5), (7) and (8) of the Regulation are revoked.

22.  Rule 10.03 of the Regulation is revoked and the following substituted:

Defence

10.03  (1)  A party who wishes to dispute the defendant’s claim or a third party who wishes to dispute the plaintiff’s claim may, within 20 days after service of the defendant’s claim, file a defence (Form 9A) with the clerk, together with a copy for each of the other parties or persons against whom the defendant’s or plaintiff’s claim is made.

Service of Copy by Clerk

(2)  On receiving a defence under subrule (1), the clerk shall retain the original in the court file and shall serve a copy on each party in accordance with subrule 8.01 (3).

23.  Subrule 10.04 (3) of the Regulation is amended by adding at the end “but only if the third party has filed a defence in accordance with subrule 10.03 (1)”.

24.  Rule 11 of the Regulation is revoked and the following substituted:

RULE 11  DEFAULT PROCEEDINGS

Noting Defendant in Default

11.01  (1)  If a defendant to a plaintiff’s claim or a defendant’s claim fails to file a defence to all or part of the claim with the clerk within the prescribed time, the clerk may, when proof is filed that the claim was served within the territorial division, note the defendant in default.

Leave Required for Person under Disability

(2)  A person under disability may not be noted in default under subrule (1), except with leave of the court.

Service Outside Territorial Division

(3)  If all the defendants have been served outside the court’s territorial division, the clerk shall not note any defendant in default until it is proved by an affidavit for jurisdiction (Form 11A) submitted to the clerk, or by evidence presented before a judge, that the action was properly brought in that territorial division.

Default Judgment, Plaintiff’s Claim, Debt or Liquidated Demand

11.02  (1)  If a defendant has been noted in default, the clerk may sign default judgment (Form 11B) in respect of the claim or any part of the claim to which the default applies that is for a debt or liquidated demand in money, including interest if claimed.

(2)  The fact that default judgment has been signed under subrule (1) does not affect the plaintiff’s right to proceed on the remainder of the claim or against any other defendant for all or part of the claim.

Manner of Service of Default Judgment

(3)  A default judgment (Form 11B) shall be served in accordance with subrule 8.01 (4).

Default Judgment, Plaintiff’s Claim, Unliquidated Demand

11.03  (1)  If all defendants have been noted in default, the plaintiff may obtain judgment against a defendant noted in default with respect to any part of the claim to which rule 11.02 does not apply.

(2)  To obtain judgment, the plaintiff may,

(a) file with the court a motion in writing for an assessment of damages (Form 15A), together with a supporting affidavit (Form 15B) setting out the reasons why the motion should be granted and attaching any relevant documents; or

(b) file a request to clerk (Form 9B) requesting that an assessment hearing be arranged.

Inadequate Supporting Affidavit

(3)  On a motion in writing for an assessment of damages under clause (2) (a), a judge who finds the plaintiff’s affidavit inadequate or unsatisfactory may order that,

(a) a further affidavit be provided; or

(b) an assessment hearing be held.

Assessment Hearing

(4)  If an assessment hearing is to be held under clause (2) (b) or (3) (b), the clerk shall fix a date for the hearing and send a notice of hearing to the plaintiff, and the assessment hearing shall proceed as a trial in accordance with rule 17.

Matters to be Proved

(5)  On a motion in writing for an assessment of damages or at an assessment hearing, the plaintiff is not required to prove liability against a defendant noted in default, but is required to prove the amount of the claim.

Service of Order

(6)  An order made on a motion in writing for an assessment of damages shall be served by the clerk in accordance with subrule 8.01 (5).

No Assessment where Defence Filed

(7)  If one or more defendants have filed a defence, a plaintiff requiring an assessment of damages against a defendant noted in default shall proceed to a settlement conference under rule 13 and, if necessary, a trial in accordance with rule 17.

Default Judgment, Defendant’s Claim

11.04  If a party against whom a defendant’s claim is made has been noted in default, judgment may be obtained against the party only at trial or on motion.

Consequences of Noting in Default

11.05  (1)  A defendant who has been noted in default shall not file a defence or take any other step in the proceeding, except making a motion under rule 11.06, without leave of the court or the plaintiff’s consent.

(2)  Any step in the proceeding may be taken without the consent of a defendant who has been noted in default.

(3)  A defendant who has been noted in default is not entitled to notice of any step in the proceeding and need not be served with any other document, except the following:

1. Subrule 11.02 (3) (service of default judgment).

2. Rule 12.01 (amendment of claim or defence).

3. Subrule 15.01 (6) (motion after judgment).

4. Postjudgment proceedings against a debtor under rule 20.

Setting Aside Noting of Default by Court on Motion

11.06  The court may set aside the noting in default or default judgment against a party and any step that has been taken to enforce the judgment, on such terms as are just, if the party makes a motion to set aside and the court is satisfied that,

(a) the party has a meritorious defence and a reasonable explanation for the default; and

(b) the motion is made as soon as is reasonably possible in all the circumstances.

RULE 11.1  DISMISSAL BY CLERK

Dismissal — Undefended Actions

11.1.01  (1)  The clerk shall make an order dismissing an action as abandoned if the following conditions are satisfied, unless the court orders otherwise:

1. More than 180 days have passed since the date the claim was issued or an order was made extending the time for service of the claim under subrule 8.01 (2).

2. No defence has been filed and no request has been made to note the defendant in default.

3. The action has not been disposed of by order and has not been set down for trial.

4. The clerk has given 45 days notice that the action will be dismissed as abandoned.

Dismissal — Defended Actions

(2)  The clerk shall make an order dismissing an action as abandoned if the following conditions are satisfied, unless the court orders otherwise:

1. More than 150 days have passed since the date the first defence was filed.

2. No settlement conference has been completed.

3. The action has not been disposed of by order and has not been set down for trial.

4. The clerk has given 45 days notice that the action will be dismissed as abandoned.

Transition

(3)  If an action was started before July 1, 2006, the following applies:

1. The action or a step in the action shall be carried on under these rules on or after July 1, 2006.

2. Despite paragraph 1, if a step in the action is taken on or after July 1, 2006, the timetable set out in subrules (1) and (2) shall apply as if the action started on the date on which the step was taken.

Same

(4)  If an action was commenced before July 1, 2006 and no step is taken in the action on or after that date, the clerk may make an order dismissing it as abandoned if,

(a) where an action is undefended, more than two years have passed since the date the claim was issued and the conditions set out in paragraphs 2, 3 and 4 of subrule (1) are satisfied; or

(b) more than two years have passed since the date the first defence was filed and the conditions set out in paragraphs 2, 3 and 4 of subrule (2) are satisfied.

Exception Where Terms of Settlement Signed

(5)  Subrules (1), (2) and (4) do not apply if terms of settlement (Form 14D) signed by all parties have been filed.

Exception Where Admission of Liability

(6)  Subrule (2) and clause (4) (b) do not apply if the defence contains an admission of liability for the plaintiff’s claim and a proposal of terms of payment under subrule 9.03 (1).

Service of Orders

(7)  The clerk shall serve a copy of an order made under subrule (1) or clause (4) (a) on the plaintiff and a copy of an order made under subrule (2) or clause (4) (b) on all parties to the action.

RULE 11.2  REQUEST FOR CLERK’S ORDER ON CONSENT

Consent Order

11.2.01  (1)  The clerk shall, on the filing of a request for clerk’s order (Form 11.2A), make an order granting the relief sought, including costs, if the following conditions are satisfied:

1. The relief sought is,

i. amending a claim or defence,

ii. adding, deleting or substituting a party,

iii. setting aside the noting in default or default judgment against a party and any specified step to enforce the judgment that has not yet been completed,

iv. restoring a matter that was dismissed under rule 11.1 to the list,

v. noting that payment has been made in full satisfaction of a judgment or terms of settlement, or

vi. dismissing an action.

2. The consent for clerk’s order (Form 11.2B) signed by all parties (including any party to be added, deleted or substituted) is filed.

3. The consent states that no party that would be affected by the order is under disability.

4. The consent states that each party has received a copy of the request for clerk’s order (Form 11.2A) and the consent for clerk’s order (Form 11.2B).

Service of order

(2)  The clerk shall serve a copy of an order made under subrule (1) in accordance with subrule 8.01 (14) on a party that requests it and provides a stamped, self-addressed envelope.

Same, Refusal to Make Order

(3)  Where the clerk refuses to make an order, the clerk shall serve a copy of the request for clerk’s order (Form 11.2A), with reasons for the refusal, on all the parties.

Notice of Setting Aside of Enforcement Step

(4)  Where an order is made setting aside a specified step to enforce a judgment under subparagraph 1 iii of subrule (1), a party shall file a copy of the order at each court location where the enforcement step has been requested.

25.  (1)  Subrule 12.01 (2) of the Regulation is amended by striking out “subrule 8.01 (10)” and substituting “subrule 8.01 (14)”.

(2)  Subrule 12.01 (3) of the Regulation is amended by striking out “at least 30 days before the trial” and substituting “at least 30 days before the originally scheduled trial date”.

(3)  Rule 12.01 of the Regulation is amended by adding the following subrule:

No Amendment Required in Response

(5)  A party who is served with an amended document is not required to amend the party’s defence or claim.

26.  Rule 12.02 of the Regulation is revoked and the following substituted:

Motion to Strike out or Amend a Document

12.02  (1)  The court may, on motion, strike out or amend all or part of any document that,

(a) discloses no reasonable cause of action or defence;

(b) may delay or make it difficult to have a fair trial; or

(c) is inflammatory, a waste of time, a nuisance or an abuse of the court’s process.

(2)  In connection with an order striking out or amending a document under subrule (1), the court may do one or more of the following:

1. In the case of a claim, order that the action be stayed or dismissed.

2. In the case of a defence, strike out the defence and grant judgment.

3. Impose such terms as are just.

27.  Rule 13 of the Regulation is revoked and the following substituted:

RULE 13  SETTLEMENT CONFERENCES

Settlement Conference Required in Defended Action

13.01  (1)  A settlement conference shall be held in every defended action.

Duty of Clerk

(2)  The clerk shall fix a time, date and place for the settlement conference and serve a notice of settlement conference, together with a list of proposed witnesses (Form 13A), on the parties.

Timing

(3)  The settlement conference shall be held within 90 days after the first defence is filed.

Exception

(4)  Subrules (1) to (3) do not apply if the defence contains an admission of liability for all of the plaintiff’s claim and a proposal of terms of payment under subrule 9.03 (1).

Attendance

13.02  (1)  A party and the party’s lawyer or agent, if any, shall, unless the court orders otherwise, participate in the settlement conference,

(a) by personal attendance; or

(b) by telephone or video conference in accordance with rule 1.07.

Authority to Settle

(2)  A party who requires another person’s approval before agreeing to a settlement shall, before the settlement conference, arrange to have ready telephone access to the other person throughout the conference, whether it takes place during or after regular business hours.

Additional Settlement Conferences

(3)  The court may order the parties to attend an additional settlement conference.

(4)  The clerk shall fix a time and place for any additional settlement conference and serve a notice of settlement conference, together with a list of proposed witnesses (Form 13A) on the parties.

Failure to Attend

(5)  If a party who has received a notice of settlement conference fails to attend the conference, the court may,

(a) impose appropriate sanctions, by way of costs or otherwise; and

(b) order that an additional settlement conference be held, if necessary.

(6)  If a defendant fails to attend a first settlement conference, receives notice of an additional settlement conference and fails to attend the additional settlement conference, the court may,

(a) strike out the defence and dismiss the defendant’s claim, if any, and allow the plaintiff to prove the plaintiff’s claim; or

(b) make such other order as is just.

Inadequate Preparation, Failure to File Material

(7)  The court may award costs against a person who attends a settlement conference if,

(a) in the opinion of the court, the person is so inadequately prepared as to frustrate the purposes of the conference;

(b) the person fails to file the material required by subrule 13.03 (2).

Purposes of Settlement Conference

13.03  (1)  The purposes of a settlement conference are,

(a) to resolve or narrow the issues in the action;

(b) to expedite the disposition of the action;

(c) to encourage settlement of the action;

(d) to assist the parties in effective preparation for trial; and

(e) to provide full disclosure between the parties of the relevant facts and evidence.

Disclosure

(2)  At least 14 days before the date of the settlement conference, each party shall serve on every other party and file with the court,

(a) a copy of any document to be relied on at the trial, including an expert report, not attached to the party’s claim or defence; and

(b) a list of proposed witnesses (Form 13A) and of other persons with knowledge of the matters in dispute in the action.

(3)  At the settlement conference, the parties or their representatives shall openly and frankly discuss the issues involved in the action.

Further Disclosure Restricted

(4)  Except as otherwise provided or with the consent of the parties (Form 13B), the matters discussed at the settlement conference shall not be disclosed to others until after the action has been disposed of.

Recommendations to Parties

13.04  The court may make recommendations to the parties on any matter relating to the conduct of the action, in order to fulfil the purposes of a settlement conference, including recommendations as to,

(a) the clarification and simplification of issues in the action;

(b) the elimination of claims or defences that appear to be unsupported; and

(c) the admission of facts or documents without further proof.

Orders at Settlement Conference

13.05  (1)  A judge conducting a settlement conference may make any order relating to the conduct of the action that the court could make.

(2)  Without limiting the generality of subrule (1), the judge may,

(a) make an order,

(i) adding or deleting parties,

(ii) consolidating actions,

(iii) staying the action,

(iv) amending or striking out a claim or defence under rule 12.02,

(v) staying or dismissing a claim,

(vi) directing production of documents,

(vii) changing the place of trial under rule 6.01,

(viii) directing an additional settlement conference under subrule 13.02 (3), and

(ix) ordering costs; and

(b) at an additional settlement conference, order judgment under subrule 13.02 (6).

Recommendations to Judge

(3)  If the settlement conference is conducted by a referee, a judge may, on the referee’s recommendation, make any order that may be made under subrules (1) and (2).

Consent to Final Judgment

(4)  A judge may order final judgment at a settlement conference where the matter in dispute is for an amount under the appealable limit and a party files a consent (Form 13B) signed by all parties before the settlement conference indicating that they wish to obtain final determination of the matter at the settlement conference if a mediated settlement is not reached.

Service of Order

(5)  Within 10 days after the judge signs an order made at a settlement conference, the clerk shall serve the order on the parties that were not present at the settlement conference in accordance with subrule 8.01 (6).

Memorandum

13.06  (1)  At the end of the settlement conference, the court shall prepare a memorandum summarizing,

(a) recommendations made under rule 13.04;

(b) the issues remaining in dispute;

(c) the matters agreed on by the parties;

(d) any evidentiary matters that are considered relevant; and

(e) information relating to the scheduling of the remaining steps in the proceeding.

(2)  The memorandum shall be filed with the clerk, who shall give a copy to the trial judge.

Notice of Trial

13.07  At or after the settlement conference, the clerk shall provide the parties with a notice stating that one of the parties must request a trial date if the action is not disposed of within 30 days after the settlement conference, and pay the fee required for setting the action down for trial.

Judge Not To Preside At Trial

13.08  A judge who conducts a settlement conference in an action shall not preside at the trial of the action.

Withdrawal of Claim

13.09  After a settlement conference has been held, a claim against a party who is not in default shall not be withdrawn or discontinued by the party who brought the claim without,

(a) the written consent of the party against whom the claim is brought; or

(b) leave of the court.

Costs

13.10  The costs of a settlement conference, exclusive of disbursements, shall not exceed $100 unless the court orders otherwise because there are special circumstances.

28.  Rule 14 of the Regulation is amended by adding the following rule:

Written Documents

14.01.1  (1)  An offer to settle, an acceptance of an offer to settle and a notice of withdrawal of an offer to settle shall be in writing.

Use of Forms

(2)  An offer to settle may be in Form 14A, an acceptance of an offer to settle may be in Form 14B and a notice of withdrawal of an offer to settle may be in Form 14C.

Terms of Settlement

(3)  The terms of an accepted offer to settle may be set out in terms of settlement (Form 14D).

29.  Rules 14.02 to 14.04 of the Regulation are revoked and the following substituted:

Time for Making Offer

14.02  (1)  An offer to settle may be made at any time.

Costs Consequences

(2)  The costs consequences referred to in rule 14.07 apply only if the offer to settle is served on the party to whom it is made at least seven days before the trial commences.

Withdrawal

14.03  (1)  An offer to settle may be withdrawn at any time before it is accepted, by serving a notice of withdrawal of an offer to settle on the party to whom it was made.

Deemed Withdrawal

(2)  If an offer to settle specifies a date after which it is no longer available for acceptance, and has not been accepted on or before that date, the offer shall be deemed to have been withdrawn on the day after that date.

Expiry When Court Disposes of Claim

(3)  An offer may not be accepted after the court disposes of the claim in respect of which the offer is made.

No Disclosure to Trial Judge

14.04  If an offer to settle is not accepted, no communication about it or any related negotiations shall be made to the trial judge until all questions of liability and the relief to be granted, other than costs, have been determined.

30.  Subrule 14.05 (1) of the Regulation is revoked and the following substituted:

Acceptance of an Offer to Settle

(1)  An offer to settle may be accepted by serving an acceptance of an offer to settle on the party who made it, at any time before it is withdrawn or before the court disposes of the claim in respect of which it is made.

31.  Subrule 14.07 (3) of the Regulation is revoked and the following substituted:

(3)  If an amount is awarded under subrule (1) or (2) to a self-represented party, the court may also award the party an amount not exceeding $500 as compensation for inconvenience and expense.

32.  Rules 15 and 16 of the Regulation are revoked and the following substituted:

RULE 15  MOTIONS

Notice of Motion and Affidavit

15.01  (1)  A motion shall be made by a notice of motion (Form 15A) and a supporting affidavit (Form 15B).

(2)  The moving party shall obtain a hearing date from the clerk before serving the notice of motion under subrule (3).

(3)  The notice of motion and a supporting affidavit,

(a) shall be served on every party who has filed a claim and any defendant who has not been noted in default, at least seven days before the hearing date; and

(b) shall be filed, with proof of service, at least three days before the hearing date.

Supporting Affidavit in Response

(4)  A party who prepares an affidavit (Form 15B) in response to the moving party’s notice of motion shall serve it on every party who has filed a claim or defence and file it, with proof of service, at least two days before the hearing date.

Supplementary Affidavit

(5)  The moving party may serve a supplementary affidavit on every party who has filed a claim or defence and file it, with proof of service, at least two days before the hearing date.

Motion After Judgment Signed

(6)  A motion that is made after judgment has been signed shall be served on all parties, including those who have been noted in default.

Method of Hearing

15.02  (1)  A motion may be heard,

(a) in person;

(b) by telephone or video conference in accordance with paragraph 2 of subrule 1.07 (1);

(c) by a judge in writing under clause 11.03 (2) (a);

(d) by any other method that the judge determines is fair and reasonable.

(2)  The attendance of the parties is not required if the motion is in writing under clause (1) (c).

Motion Without Notice

15.03  (1)  Despite rule 15.01, a motion may be made without notice if the nature or circumstances of the motion make notice unnecessary or not reasonably possible.

Service of Order

(2)  A party who obtains an order on motion without notice shall serve it on every affected party, together with a copy of the notice of motion and supporting affidavit used on the motion, within five days after the order is signed.

Motion to Set Aside or Vary Motion Made Without Notice

(3)  A party who is affected by an order obtained on motion without notice may make a motion to set aside or vary the order, within 30 days after being served with the order.

No Further Motions Without Leave

15.04  If the court is satisfied that a party has tried to delay the action, add to its costs or otherwise abuse the court’s process by making numerous motions without merit, the court may, on motion, make an order prohibiting the party from making any further motions in the action without leave of the court.

Adjournment of Motion

15.05  A motion shall not be adjourned at a party’s request before the hearing date unless the written consent of all parties is filed when the request is made, unless the court orders otherwise.

Withdrawal of Motion

15.06  A motion shall not be withdrawn without,

(a) the written consent of all the parties; or

(b) leave of the court.

Costs

15.07  The costs of a motion, exclusive of disbursements, shall not exceed $100 unless the court orders otherwise because there are special circumstances.

RULE 16  NOTICE OF TRIAL

Clerk Fixes Date and Serves Notice

16.01  (1)  The clerk shall fix a date for trial and serve a notice of trial on each party who has filed a claim or defence if,

(a) a settlement conference has been held; and

(b) a party has requested that the clerk fix a date for trial and has paid the required fee.

Manner of Service

(2)  The notice of trial shall be served by mail or fax.

33.  (1)  Rule 17.01 of the Regulation is amended by adding the following subrule:

(2.1)  In the case described in clause (2) (b) or (c), the person with the claim is not required to prove liability against the party who has failed to attend but is required to prove the amount of the claim.

(2)  Rule 17.01 of the Regulation is amended by adding the following subrule:

Conditions to Making of Order under Subrule (4)

(5)  The court may make an order under subrule (4) only if,

(a) the party who failed to attend makes a motion for the order within 30 days after becoming aware of the judgment; or

(b) the party who failed to attend makes a motion for an extension of the 30-day period mentioned in clause (a) and the court is satisfied that there are special circumstances that justify the extension.

34.  Rule 17.02 of the Regulation is amended by adding the following subrule:

(2)  If the trial of an action has been adjourned two or more times, any further adjournment may be made only on motion with notice to all the parties who were served with the notice of trial, unless the court orders otherwise.

35.  Rule 17.04 of the Regulation is revoked and the following substituted:

Motion for New Trial

17.04  (1)  A party may make a motion for a new trial within 30 days after a final order is made.

Transcript

(2)  The moving party shall serve and file proof that a transcript of evidence, or that portion of the transcript that is relevant, has been requested, in addition to the notice of motion (Form 15A) and affidavit (Form 15B) required under rule 15.01.

Service and Filing of Transcript

(3)  If available, a copy of the transcript or partial transcript of evidence shall, at least three days before the hearing date,

(a) be served on all parties who were served with the original notice of trial; and

(b) be filed, with proof of service.

Powers of Court on Motion

(4)  On the hearing of the motion, the court may,

(a) if the party demonstrates that a condition referred to in subrule (5) is satisfied,

(i) grant a new trial, or

(ii) pronounce the judgment that ought to have been given at trial and order judgment accordingly; or

(b) dismiss the motion.

Conditions

(5)  The conditions referred to in clause (4) (a) are:

1. There was a purely arithmetical error in the determination of the amount of damages awarded.

2. There is relevant evidence that was not available to the party at the time of the original trial and could not reasonably have been expected to be available at that time.

36.  (1)  Subrule 18.02 (1) of the Regulation is revoked and the following substituted:

Written Statements, Documents and Records

(1)  A document or written statement or an audio or visual record that has been served, at least 30 days before the trial date, on all parties who were served with the notice of trial, shall be received in evidence, unless the trial judge orders otherwise.

(2)  Paragraph 2 of subrule 18.02 (2) of the Regulation is amended by striking out “a financial record, a bill” and substituting “a financial record, a receipt, a bill”.

(3)  Subrule 18.02 (3) of the Regulation is revoked and the following substituted:

Details about Witness or Author

(3)  A party who serves on another party a written statement or document described in subrule (2) shall append to or include in the statement or document,

(a) the name, telephone number and address for service of the witness or author; and

(b) if the witness or author is to give expert evidence, a summary of his or her qualifications.

(4)  Subrule 18.02 (5) of the Regulation is revoked and the following substituted:

Where Witness or Author is Summoned

(5)  A party who serves a summons to witness on a witness or author referred to in subrule (3) shall, at the time the summons is served, serve a copy of the summons on every other party.

(6)  Service of a summons and the payment or tender of attendance money under this rule may be proved by affidavit (Form 8A).

Adjournment

(7)  A party who is not served with a copy of the summons in accordance with subrule (5) may request an adjournment of the trial, with costs.

37.  (1)  Subrules 18.03 (3) and (4) of the Regulation are revoked and the following substituted:

(3)  A summons to witness (Form 18A) shall be served in accordance with subrule 8.01 (7).

(4)  Service of a summons and the payment or tender of attendance money may be proved by affidavit (Form 8A).

(2)  Rule 18.03 of the Regulation is amended by adding the following subrules:

Interpreter

(5.1)  If a party serves a summons on a witness who requires an interpreter, the party shall arrange for a qualified interpreter to attend at the trial unless the interpretation is from English to French or French to English and an interpreter is provided by the Ministry of the Attorney General.

(5.2)  If a party does not comply with subrule (5.1), every other party is entitled to request an adjournment of the trial, with costs.

(3)  Rule 18.03 of the Regulation is amended by adding the following subrule:

Identification Form

(6.1)  The party who served the summons on the witness may file with the clerk an identification form (Form 20K) to assist the police in apprehending the witness.

38.  (1)  Subrule 19.01 (1) of the Regulation is revoked and the following substituted:

Disbursements

(1)  A successful party is entitled to have the party’s reasonable disbursements, including any costs of effecting service and expenses for travel, accommodation, photocopying and experts’ reports, paid by the unsuccessful party, unless the court orders otherwise.

(2)  Subrule 19.01 (3) of the Regulation is amended by adding at the end “unless the court is of the opinion that there are special circumstances that justify assessing a greater amount”.

39.  Rules 19.02 to 19.05 of the Regulation are revoked and the following substituted:

Limit

19.02  Any power under this rule to award costs is subject to section 29 of the Courts of Justice Act, which limits the amount of costs that may be awarded.

Preparation and Filing

19.03  The court may award a successful party an amount not exceeding $50 for preparation and filing of pleadings.

Representation Fee

19.04  (1)  If the amount claimed in an action exceeds $500, exclusive of interest and costs, and the successful party is represented by a lawyer, student-at-law or agent, the court may award the party a reasonable representation fee at trial or at an assessment hearing.

(2)  In the case of a student-at-law or an agent, the representation fee shall not exceed half of the maximum costs that may be awarded under section 29 of the Courts of Justice Act.

Compensation for Inconvenience and Expense

19.05  The court may order an unsuccessful party to pay to a successful party an amount not exceeding $500 as compensation for inconvenience and expense, if,

(a) the successful party is self-represented; and

(b) the amount claimed in the action exceeds $500, exclusive of interest and costs.

Penalty

19.06  If the court is satisfied that a party has unduly complicated or prolonged an action or has otherwise acted unreasonably, the court may order the party to pay an amount as compensation to another party.

40.  Rule 20.01 of the Regulation is amended by striking out “In rules 20.02 to 20.10” in the portion before the definitions and substituting “In rules 20.02 to 20.12”.

41.  Subrule 20.02 (3) of the Regulation is revoked and the following substituted:

Service of Notice of Default of Payment

(3)  The creditor may serve the debtor with a notice of default of payment (Form 20L) in accordance with subrule 8.01 (14) and file a copy of it, together with an affidavit of default of payment (Form 20M), if the debtor fails to make payments under an order for periodic payment.

Termination on Default

(4)  An order for periodic payment terminates on the day that is 15 days after the creditor serves the debtor with the notice of default of payment, unless a consent (Form 13B) in which the creditor waives the default is filed within the 15-day period.

42.  Subrule 20.05 (3) of the Regulation is amended by adding “Unless the court orders otherwise” at the beginning.

43.  (1)  Subrule 20.06 (1) of the Regulation is amended by adding “for enforcement request (Form 20P)” after “affidavit”.

(2)  Rule 20.06 of the Regulation is amended by adding the following subrule:

(1.1)  If more than six years have passed since the order was made, a writ of seizure and sale of personal property may be issued under subrule (1) only with leave of the court.

(3)  Subrules 20.06 (2) and (3) of the Regulation are revoked and the following substituted:

Duration of Writ

(2)  A writ of seizure and sale of personal property remains in force for six years after the date of its issue and for a further six years after each renewal.

Renewal of Writ

(3)  A writ of seizure and sale of personal property may be renewed before its expiration by filing a request to renew a writ of seizure and sale (Form 20N) with the clerk.

(4)  Subrule 20.06 (6) of the Regulation is revoked and the following substituted:

Sale of Personal Property

(6)  Personal property seized under a writ of seizure and sale of personal property shall not be sold by the bailiff unless notice of the time and place of sale has been,

(a) mailed, at least 30 days before the sale,

(i) to the creditor at the address shown on the writ, or to the creditor’s lawyer or agent, and

(ii) to the debtor at the debtor’s last known address; and

(b) advertised in a manner that is likely to bring it to the attention of the public.

44.  (1)  Subrule 20.07 (1) of the Regulation is amended by adding “for writ of seizure and sale of land (Form 20O)” after “affidavit”.

(2)  Rule 20.07 of the Regulation is amended by adding the following subrules:

Duration of Writ

(3)  A writ of seizure and sale of land remains in force for six years after the date of its issue and for a further six years after each renewal.

Renewal or Writ

(4)  A writ of seizure and sale of land may be renewed before its expiration by filing a request to renew a writ of seizure and sale (Form 20N) with the clerk.

45.  (1)  Subrules 20.08 (3) and (4) of the Regulation are revoked and the following substituted:

Obtaining Notice of Garnishment

(3)  A creditor who seeks to enforce an order by garnishment shall file with the clerk in the territorial division in which the debtor resides or carries on business,

(a) an affidavit for enforcement request (Form 20P) naming one debtor and one garnishee and stating,

(i) the date of the order and the amount awarded,

(ii) the territorial division in which the order was made,

(iii) the rate of postjudgment interest payable,

(iv) the total amount of any payments received since the order was granted,

(v) the amount owing, including postjudgment interest,

(vi) the name and address of the named garnishee to whom a notice of garnishment is to be directed,

(vii) the creditor’s belief that the named garnishee is or will become indebted to the debtor, and the grounds for the belief, and

(viii) any particulars of the debts that are known to the creditor; and

(b) a certificate of judgment (Form 20A), if the order was made in another territorial division.

(4)  On the filing of the documents required by subrule (3), the clerk shall issue a notice of garnishment (Form 20E) naming as garnishee the person named in the affidavit.

(2)  Subrule 20.08 (6) of the Regulation is revoked and the following substituted:

Service of Notice of Garnishment

(6)  The notice of garnishment (Form 20E) shall be served by the creditor in accordance with subrule 8.01 (8).

(6.1)  The creditor shall serve the notice of garnishment on the debtor within five days of serving it on the garnishee.

Financial Institution

(6.2)  If the garnishee is a financial institution, the notice of garnishment and all further notices required to be served under this rule shall be served at the branch at which the debt is payable.

Proof of Service

(6.3)  Service of the notice of garnishment may be proved by affidavit.

(3)  Clause 20.08 (8) (b) of the Regulation is amended by striking out “24 months” and substituting “six years”.

(4)  Subrule 20.08 (9) of the Regulation is revoked and the following substituted:

Payment by Garnishee

(9)  A garnishee who admits owing a debt to the debtor shall pay it to the clerk in the manner prescribed by the notice of garnishment, and the amounts paid into court shall not exceed the portion of the debtor’s wages that are subject to seizure or garnishment under section 7 of the Wages Act.

(5)  The English version of clause 20.08 (12) (b) of the Regulation is amended by adding “of the debt” after “co-owners”.

(6)  Subrule 20.08 (13) of the Regulation is revoked and the following substituted:

Service on Creditor and Debtor

(13)  The garnishee shall serve a copy of the garnishee’s statement on the creditor and the debtor.

(7)  Subrule 20.08 (14) of the Regulation is amended by striking out “the co-owners of the debt, in accordance with subrule 8.01 (10)” and substituting “any co-owners of the debt, in accordance with subrule 8.01 (14)”.

(8)  Subrule 20.08 (15) of the Regulation is revoked and the following substituted:

Garnishment Hearing

(15)  At the request of a creditor, debtor, garnishee, co-owner of the debt or any other interested person, the clerk shall fix a time and place for a garnishment hearing.

Service of Notice of Garnishment Hearing

(15.1)  After having obtained a hearing date from the clerk, the party requesting the garnishment hearing shall serve the notice of garnishment hearing (Form 20Q) in accordance with subrule 8.01 (9).

Powers of Court at Hearing

(15.2)  At the garnishment hearing, the court may,

(a) if it is alleged that the garnishee’s debt to the debtor has been assigned or encumbered, order the assignee or encumbrancer to appear and state the nature and particulars of the claim;

(b) determine the rights and liabilities of the garnishee, any co-owner of the debt, the debtor and any assignee or encumbrancer;

(c) vary or suspend periodic payments under a notice of garnishment; or

(d) determine any other matter in relation to a notice of garnishment.

(9)  Subrule 20.08 (20) of the Regulation is revoked and the following substituted:

Distribution of Payments

(20)  When proof is filed that the notice of garnishment was served on the debtor, the clerk shall distribute a payment received under a notice of garnishment to a creditor in accordance with subrule (20.1), unless,

(a) a hearing has been requested under subrule (15); or

(b) a notice of motion has been filed under rule 8.10 or 11.06, subparagraph 1 iii of subrule 11.2.01 (1) or rule 17.04.

(20.1)  The clerk shall distribute the payment,

(a) in the case of the first payment under the notice of garnishment, 30 days after the date it is received; and

(b) in the case of every subsequent payment under the notice of garnishment, as they are received.

46.  (1)  Subrule 20.09 (5) of the Regulation is revoked and the following substituted:

(5)  The total of the amounts to be paid into court by the debtor under a consolidation order shall not exceed the portion of the debtor’s wages that are subject to seizure or garnishment under section 7 of the Wages Act.

(2)  Subrules 20.09 (11.2) and (11.3) of the Regulation are revoked.

47.  (1)  Clause 20.10 (2) (a) of the Regulation is amended by adding “(Form 20P)” after “affidavit” in the portion before subclause (i).

(2)  Subrule 20.10 (3) of the Regulation is revoked and the following substituted:

Service of Notice of Examination

(3)  The notice of examination shall be served in accordance with subrules 8.01 (10), (11) and (12).

(3)  Rule 20.10 of the Regulation is amended by adding the following subrule:

Duties of Person to be Examined

(4.1)  A person who is served with a notice of examination shall,

(a) inform himself or herself about the matters mentioned in subrule (4) and be prepared to answer questions about them; and

(b) in the case of an examination of a debtor who is an individual, complete a financial information form (Form 20I) and serve it on the creditor requesting the examination, but shall not file it with the court.

(4)  Subrule 20.10 (6) of the Regulation is revoked and the following substituted:

Examinations Private, Under Oath and Recorded

(6)  The examination shall be,

(a) held in the absence of the public, unless the court orders otherwise;

(b) conducted under oath; and

(c) recorded.

(5)  Subrules 20.10 (9), (10), (10.1), (11), (12), (13), (14) and (15) of the Regulation are revoked.

48.  Rule 20 of the Regulation is amended by adding the following rules:

Contempt Hearing

20.11  (1)  The court may order a person on whom a notice of examination has been served under rule 20.10 to attend before the court for a contempt hearing if the person attends the examination but refuses to answer questions or to produce documents or records.

Same

(2)  The court may order a person on whom a notice of examination has been served under rule 20.10 to attend for a contempt hearing before a judge of the Superior Court of Justice if the person fails to attend the examination.

Notice of Contempt Hearing

(3)  If an order for a contempt hearing is made under subrule (1) or (2),

(a) the clerk shall provide the creditor with a notice of contempt hearing setting out the time, date and place of the hearing; and

(b) the creditor shall serve the notice of contempt hearing on the debtor or other person in accordance with subrule 8.01 (13) and file the affidavit of service at least seven days before the hearing.

Setting Aside Order for Contempt Hearing

(4)  A person who has been ordered to attend a contempt hearing under subrule (2) may make a motion to set aside the order, before or after receiving the notice of contempt hearing but before the date of the hearing and, on the motion, the court may set aside the order and order that the person attend another examination under rule 20.10.

Finding of Contempt of Court

(5)  At a contempt hearing held under subrule (1), the court may find the person to be in contempt of court if the person fails to show cause why the person should not be held in contempt for refusing to answer questions or produce records or documents.

Same

(6)  At a contempt hearing held under subrule (2), a judge of the Superior Court of Justice may find the person to be in contempt of court if the judge is satisfied that the person failed to attend as required by the notice of examination and that the failure to attend was wilful.

Other Powers of Court at Contempt Hearing

(7)  At a contempt hearing held under subrule (1) or (2), the court may order that the person,

(a) attend an examination under rule 20.10;

(b) be jailed for a period not exceeding 40 days;

(c) attend an additional contempt hearing; or

(d) comply with any other order that the judge considers necessary or just.

Warrant of Committal

(8)  If a warrant of committal is ordered under clause (7) (b),

(a) the creditor may complete and file with the clerk an identification form (Form 20K) to assist the police in apprehending the person named in the warrant of committal; and

(b) the clerk shall issue a warrant of committal (Form 20J), accompanied by the identification form, if any, directed to all police officers in Ontario to apprehend the person named in the warrant anywhere in Ontario and promptly bring the person to the nearest correctional institution.

Discharge

(9)  The person shall be discharged from custody on the order of the court or when the time prescribed in the warrant expires, whichever is earlier.

Duration and Renewal of Warrant of Committal

(10)  The warrant remains in force for 12 months after the date of issue and may be renewed by order of the court on a motion made by the creditor for 12 months at each renewal, unless the court orders otherwise.

Orders under subrules (9) and (10)

(11)  A warrant of committal issued pursuant to an order of a judge of the Superior Court of Justice under this rule may only be discharged or renewed by a judge of that court.

Satisfaction of Order

20.12  If payment is made in full satisfaction of an order,

(a) where all parties consent, a party may file a request for clerk’s order (Form 11.2A) indicating that payment has been made in full satisfaction of the order or terms of settlement; or

(b) the debtor may make a motion for an order confirming that payment has been made in full satisfaction of the order or terms of settlement.

49.  Rule 21 of the Regulation is revoked and the following substituted:

RULE 21  REFEREE

21.01  (1)  A referee designated under subsection 77 (2) of the Courts of Justice Act may, if directed by the regional senior justice or his or her designate,

(a) hear disputes of proposals of terms of payment under rule 9.03;

(b) conduct settlement conferences under rule 13;

(c) hear motions for consolidation orders under rule 20.09; and

(d) assess receipted disbursements for fees paid to the court, a court reporter or a sheriff under the regulations made under the Administration of Justice Act.

(2)  Except under subrule 9.03 (5) (order as to terms of payment), a referee shall not make a final decision in any matter referred to him or her but shall report his or her findings and recommendations to the court.

50.  The Table of Forms to the Regulation is revoked and the following substituted:

TABLE OF FORMS

(See rule 1.06 and www.ontariocourtforms.on.ca)

Form Number

Form Title

Date of Form

1A

Additional Parties

January 25, 2006

1B

Request for Telephone or Video Conference

January 25, 2006

4A

Consent to Act as Litigation Guardian

January 25, 2006

5A

Notice to Alleged Partner

January 25, 2006

7A

Plaintiff’s Claim

January 25, 2006

8A

Affidavit of Service

January 25, 2006

9A

Defence

January 25, 2006

9B

Request to Clerk

January 25, 2006

10A

Defendant’s Claim

January 25, 2006

11A

Affidavit for Jurisdiction

January 25, 2006

11B

Default Judgment

January 25, 2006

11.2A

Request for Clerk’s Order

January 25, 2006

11.2B

Consent for Clerk’s Order

January 25, 2006

13A

List of Proposed Witnesses

January 25, 2006

13B

Consent

January 25, 2006

14A

Offer to Settle

January 25, 2006

14B

Acceptance of Offer to Settle

January 25, 2006

14C

Notice of Withdrawal of Offer to Settle

January 25, 2006

14D

Terms of Settlement

January 25, 2006

15A

Notice of Motion

January 25, 2006

15B

Affidavit

January 25, 2006

18A

Summons to Witness

January 25, 2006

18B

Warrant for Arrest of Defaulting Witness

January 25, 2006

20A

Certificate of Judgment

January 25, 2006

20B

Writ of Delivery

January 25, 2006

20C

Writ of Seizure and Sale of Personal Property

January 25, 2006

20D

Writ of Seizure and Sale of Land

January 25, 2006

20E

Notice of Garnishment

January 25, 2006

20F

Garnishee’s Statement

January 25, 2006

20G

Notice to Co-owner of Debt

January 25, 2006

20H

Notice of Examination

January 25, 2006

20I

Financial Information Form

January 25, 2006

20J

Warrant of Committal

January 25, 2006

20K

Identification Form

January 25, 2006

20L

Notice of Default of Payment

January 25, 2006

20M

Affidavit of Default of Payment

January 25, 2006

20N

Request to Renew Writ of Seizure and Sale

January 25, 2006

20O

Affidavit for Writ of Seizure and Sale of Land

January 25, 2006

20P

Affidavit for Enforcement Request

January 25, 2006

20Q

Notice of Garnishment Hearing

January 25, 2006

51.  Forms 1A to 20J of the Regulation are revoked.

52.  This Regulation comes into force on July 1, 2006.

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