Regulation - Minister
Amendment to Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure)
Regulation Number(s):
R.R.O. 1990, Reg. 194, Rules of Civil Procedure
Instrument Type:
Regulation - Minister
Bill or Act:
Courts of Justice Act, R.S.O. 1990, c. C.43
Summary of Decision:
This regulation was approved on January 18, 2022 and filed on January 21, 2022.
https://www.ontario.ca/laws/regulation/r22018
https://www.ontario.ca/laws/regulation/r22018
Analysis of Regulatory Impact:
There is no regulatory impact to business anticipated in relation to this proposal.
Further Information:
https://www.ontario.ca/laws/regulation/r22018
Proposal Number:
22-MAG002
Posting Date:
Summary of Proposal:
This regulation, O. Reg. 18-22, makes amendments to the Rules of Civil Procedure regarding the service of experts' reports, the scheduling of pre-trial conferences, the test for leave to admit evidence at trial, and other related provisions.
It introduces one new rule, makes amendments to a further twelve rules, and creates one new form.
The rule amendments include:
• introducing a new subrule to rule 50.02 requiring the pre-trial conference in every action to be held no more than 120 and no fewer than 30 days before the date when trial is scheduled to begin or the first day of the sitting during which the trial is expected to be held.
• creating a new rule 50.03.1 to require every party to an action to certify whether they intend to rely on expert evidence at trial and, if so, whether they have served their experts' reports within the time permitted under the rules;
• amending rule 50.08 to require the judge or associate judge presiding at the pre-trial conference to produce a pre-trial conference report in every case;
• adding a new subrule to rule 50.12 to permit the judge or associate judge presiding at the pre-trial conference to order costs payable immediately if they determine that the conference was unproductive for reasons related to a party's conduct;
• revising the test in rule 53.08 for leave to admit evidence following a failure to respect the rules, to require the party seeking leave to satisfy the judge that there was a reasonable explanation for the failure and that granting leave would not cause prejudice to the opposing party that could not be compensated for through costs or an adjournment, nor cause undue delay in the conduct of the trial; and
• making various consequential amendments and housekeeping amendments.
A new Form 50A, Certificate of Readiness, is introduced. Every party to an action will be required to serve and file this form at least 30 days before the pre-trial conference to indicate the status of their experts' reports (if any).
The amendments and new form will come into force on March 31, 2022.
It introduces one new rule, makes amendments to a further twelve rules, and creates one new form.
The rule amendments include:
• introducing a new subrule to rule 50.02 requiring the pre-trial conference in every action to be held no more than 120 and no fewer than 30 days before the date when trial is scheduled to begin or the first day of the sitting during which the trial is expected to be held.
• creating a new rule 50.03.1 to require every party to an action to certify whether they intend to rely on expert evidence at trial and, if so, whether they have served their experts' reports within the time permitted under the rules;
• amending rule 50.08 to require the judge or associate judge presiding at the pre-trial conference to produce a pre-trial conference report in every case;
• adding a new subrule to rule 50.12 to permit the judge or associate judge presiding at the pre-trial conference to order costs payable immediately if they determine that the conference was unproductive for reasons related to a party's conduct;
• revising the test in rule 53.08 for leave to admit evidence following a failure to respect the rules, to require the party seeking leave to satisfy the judge that there was a reasonable explanation for the failure and that granting leave would not cause prejudice to the opposing party that could not be compensated for through costs or an adjournment, nor cause undue delay in the conduct of the trial; and
• making various consequential amendments and housekeeping amendments.
A new Form 50A, Certificate of Readiness, is introduced. Every party to an action will be required to serve and file this form at least 30 days before the pre-trial conference to indicate the status of their experts' reports (if any).
The amendments and new form will come into force on March 31, 2022.
Contact Address:
Ministry of the Attorney General
Corporate Policy Unit
720 Bay Street, 3rd Floor
Toronto, ON M7A 2S9
Corporate Policy Unit
720 Bay Street, 3rd Floor
Toronto, ON M7A 2S9
Effective Date:
March 31, 2022
Decision:
Approved