Regulation - Other
Amendment to O. Reg. 258/98 under the Courts of Justice Act (Rules of the Small Claims Court)
Regulation Number(s):
Rules of the Small Claims Court, O. Reg. 258/98
Instrument Type:
Regulation - Other
Bill or Act:
Courts of Justice Act, R.S.O. 1990, c. C.43
Summary of Decision:
This regulation was approved on January 7, 2025, and filed on January 13, 2025.
Analysis of Regulatory Impact:
There is no regulatory impact to business anticipated in relation to this proposal.
Further Information:
O. Reg. 3/25: RULES OF THE SMALL CLAIMS COURT
Proposal Number:
25-MAG001
Posting Date:
Summary of Proposal:
O. Reg. 3/25 makes various changes to the Rules of the Small Claims Court across seven key areas as well as other related amendments.
Specifically, the regulation amends or creates 23 rules and five forms to:
• introduce a statement of primary objective and a duty on the court and participants to promote the primary objective, modelled in part on the Family Law Rules (r. 1.03);
• modernize and consolidate the provisions regarding hearing and attendance methods, including establishing a new procedure to request a different method and to object to such a request (rr. 1.07, 15.02, 20.10, and others);
• update the provisions respecting amended pleadings to clarify the requirement to re-file supporting materials and certain terminology (r. 12.01);
• triple the compensation for inconvenience and expense that is available to a self-represented litigant where the other party failed to accept an offer to settle that was as favourable to them as the judgment ultimately made by the court, from $500 to $1500 (r. 14.07);
• introduce a new framework for trial management conferences, to be held at the direction of the court (new Rule 16.1);
• clarify that a trial adjournment is available only by order of the court (r. 17.02);
• update the terminology and structure of Rule 19 (Costs) and other cost-related provisions in the rules to improve clarity (rr. 19.01, 19.02, 19.06, 19.07, 20.05, and others);
• adjust certain provisions respecting settlement conferences to encompass or align with trial management conferences (rr. 6.01, 8.01, 13.02, 13.03, 13.05); and
• make minor consequential amendments.
The amendments in the regulation and the associated Forms 1B, 1C, 18A, 20H, and 20Q will come into force on June 1, 2025.
Specifically, the regulation amends or creates 23 rules and five forms to:
• introduce a statement of primary objective and a duty on the court and participants to promote the primary objective, modelled in part on the Family Law Rules (r. 1.03);
• modernize and consolidate the provisions regarding hearing and attendance methods, including establishing a new procedure to request a different method and to object to such a request (rr. 1.07, 15.02, 20.10, and others);
• update the provisions respecting amended pleadings to clarify the requirement to re-file supporting materials and certain terminology (r. 12.01);
• triple the compensation for inconvenience and expense that is available to a self-represented litigant where the other party failed to accept an offer to settle that was as favourable to them as the judgment ultimately made by the court, from $500 to $1500 (r. 14.07);
• introduce a new framework for trial management conferences, to be held at the direction of the court (new Rule 16.1);
• clarify that a trial adjournment is available only by order of the court (r. 17.02);
• update the terminology and structure of Rule 19 (Costs) and other cost-related provisions in the rules to improve clarity (rr. 19.01, 19.02, 19.06, 19.07, 20.05, and others);
• adjust certain provisions respecting settlement conferences to encompass or align with trial management conferences (rr. 6.01, 8.01, 13.02, 13.03, 13.05); and
• make minor consequential amendments.
The amendments in the regulation and the associated Forms 1B, 1C, 18A, 20H, and 20Q will come into force on June 1, 2025.
Contact Address:
Ministry of the Attorney General
Court Services Division
720 Bay Street, 2nd Floor
Toronto, ON M7A 2S9
Court Services Division
720 Bay Street, 2nd Floor
Toronto, ON M7A 2S9
Effective Date:
June 1, 2025
Decision:
Approved