Act
Under the Courts of Justice Act: Reg. 194 (Rules of Civil Procedure) and O. Reg. 258/98 (Rules of the Small Claims Court).
Regulation Number(s):
Instrument Type:
Act
Bill or Act:
Courts of Justice Act
Summary of Decision:
This regulation was approved on December 21, 2016 and filed on December 23, 2016.
• Regulation 194 (Rules of Civil Procedure): https://www.ontario.ca/laws/regulation/900194
• Regulation 258/98 (Rules of the Small Claims Court): https://www.ontario.ca/laws/regulation/980258
• Updated Form 48D (Order Dismissing Action for Delay) is available online at: http://ontariocourtforms.on.ca/en/rules-of-civil-procedure-forms/
• Updated Form 7A (Plaintiff's Claim, Small Claims Court) is available online at: http://ontariocourtforms.on.ca/en/rules-of-the-small-claims-court-forms/
• Amendments to clarify the effect of rule 48.14 of the Rules of Civil Procedure came into force on January 1, 2017.
• Amendments to allow orders under rule 48.14 of the Rules of Civil Procedure and rule 11.1 of the Rules of the Small Claims Court to be issued electronically came into force on January 1, 2017.
• Amendments to permit civil e-filing in the Superior Court of Justice will come into force on April 24, 2017.
• Amendments to remove transition dates for rule 48.14 of the Rules of Civil Procedure will come into force on July 1, 2017.
• Amendments to remove transition dates for rule 11.1 of the Rules of the Small Claims Court will come into force on March 1, 2018.
• Regulation 194 (Rules of Civil Procedure): https://www.ontario.ca/laws/regulation/900194
• Regulation 258/98 (Rules of the Small Claims Court): https://www.ontario.ca/laws/regulation/980258
• Updated Form 48D (Order Dismissing Action for Delay) is available online at: http://ontariocourtforms.on.ca/en/rules-of-civil-procedure-forms/
• Updated Form 7A (Plaintiff's Claim, Small Claims Court) is available online at: http://ontariocourtforms.on.ca/en/rules-of-the-small-claims-court-forms/
• Amendments to clarify the effect of rule 48.14 of the Rules of Civil Procedure came into force on January 1, 2017.
• Amendments to allow orders under rule 48.14 of the Rules of Civil Procedure and rule 11.1 of the Rules of the Small Claims Court to be issued electronically came into force on January 1, 2017.
• Amendments to permit civil e-filing in the Superior Court of Justice will come into force on April 24, 2017.
• Amendments to remove transition dates for rule 48.14 of the Rules of Civil Procedure will come into force on July 1, 2017.
• Amendments to remove transition dates for rule 11.1 of the Rules of the Small Claims Court will come into force on March 1, 2018.
Further Information:
Proposal Number:
17-MAG001
Posting Date:
Summary of Proposal:
MAG has amended Regulation 194 (Rules of Civil Procedure) and Regulation 258/98 (Rules of the Small Claims Court) and associated forms.
1. Administrative Dismissals for Delay:
Amendments of rule 48.14 (Dismissal of Action for Delay) of the Rules of Civil Procedure and rule 11.1 (Dismissal by Clerk) of the Rules of the Small Claims Court came into force on January 1, 2017:
• Rule 48.14 is amended to clarify the effect that the dismissal of a main action has on subsidiary actions (crossclaims, counterclaims, third party claims). When an order under rule 48.14 is made dismissing an action, rule 48.14(9) is clarified to provide that rules 24.03 and 24.04, except rule 24.04(1.1), apply with respect to any counterclaim, crossclaim or third party claim. Under rule 24.03, any counterclaim is deemed to be discontinued without costs unless the defendant delivers a notice of election to proceed with the counterclaim (Form 23B) within thirty days after the dismissal. Under rule 24.04(1), any crossclaim or third party claim made by a defendant is deemed to be dismissed, unless the court orders otherwise.
• Rule 48.14 is amended to clarify that the rule does not apply to matters on the Commercial List established by practice direction in Toronto Region, and actions under the Class Proceedings Act, 1992.
• Rule 48.14 is amended to allow orders under this rule, as well as under r. 11.1 of the Rules of the Small Claims Court, to be issued electronically. Seals of these orders will be electronically generated.
• Form 48D is also amended to provide a note to defendants regarding the effect of an order under r. 48.14 on counterclaims, crossclaims and third party claims. It is also amended to not include costs, as the defendant did not have to seek a dismissal.
Several changes will come into force on July 1, 2017 and March 1, 2018:
• Once dismissal orders are generated in accordance with the new timelines (rule 48.14 of the Rules of Civil Procedure on January 1, 2017 and rule 11.1 of the Rules of the Small Claims Court on September 1, 2017), references to transition dates are no longer necessary. Amendments removing transition dates will come into force on July 1, 2017 for Rule 48.14, and March 1, 2018 for Rule 11.1 of the Rules of the Small Claims Court.
2. Civil E-Filing:
Amendments the Rules of Civil Procedure will come into force on April 24, 2017 to permit civil e-filing in the Superior Court of Justice. The amendments:
• Specify which documents can be e-filed during the first phase of the project (statements of claim, notices of action, affidavits of litigation guardian, and written requests/consents to file documents in the French language in a bilingual proceeding),
• Clarify that there are no limitations on who can use the new service and that documents e-filed after regular business hours will be processed the next business day,
• Require an electronically filed statement of claim or notice of action to be filed in hard copy with the next document in the case that is filed in paper , and
• Require the filer to keep signed original paper documents for 5 years if they are not filed in hard copy with the court.
3. Small Claims Court Form
The Plaintiff's Claim (Form 7A) is amended, as a result of the expansion of Small Claims Court Online, to reflect that the claim no longer needs to be a liquidated claim to be filed online.
1. Administrative Dismissals for Delay:
Amendments of rule 48.14 (Dismissal of Action for Delay) of the Rules of Civil Procedure and rule 11.1 (Dismissal by Clerk) of the Rules of the Small Claims Court came into force on January 1, 2017:
• Rule 48.14 is amended to clarify the effect that the dismissal of a main action has on subsidiary actions (crossclaims, counterclaims, third party claims). When an order under rule 48.14 is made dismissing an action, rule 48.14(9) is clarified to provide that rules 24.03 and 24.04, except rule 24.04(1.1), apply with respect to any counterclaim, crossclaim or third party claim. Under rule 24.03, any counterclaim is deemed to be discontinued without costs unless the defendant delivers a notice of election to proceed with the counterclaim (Form 23B) within thirty days after the dismissal. Under rule 24.04(1), any crossclaim or third party claim made by a defendant is deemed to be dismissed, unless the court orders otherwise.
• Rule 48.14 is amended to clarify that the rule does not apply to matters on the Commercial List established by practice direction in Toronto Region, and actions under the Class Proceedings Act, 1992.
• Rule 48.14 is amended to allow orders under this rule, as well as under r. 11.1 of the Rules of the Small Claims Court, to be issued electronically. Seals of these orders will be electronically generated.
• Form 48D is also amended to provide a note to defendants regarding the effect of an order under r. 48.14 on counterclaims, crossclaims and third party claims. It is also amended to not include costs, as the defendant did not have to seek a dismissal.
Several changes will come into force on July 1, 2017 and March 1, 2018:
• Once dismissal orders are generated in accordance with the new timelines (rule 48.14 of the Rules of Civil Procedure on January 1, 2017 and rule 11.1 of the Rules of the Small Claims Court on September 1, 2017), references to transition dates are no longer necessary. Amendments removing transition dates will come into force on July 1, 2017 for Rule 48.14, and March 1, 2018 for Rule 11.1 of the Rules of the Small Claims Court.
2. Civil E-Filing:
Amendments the Rules of Civil Procedure will come into force on April 24, 2017 to permit civil e-filing in the Superior Court of Justice. The amendments:
• Specify which documents can be e-filed during the first phase of the project (statements of claim, notices of action, affidavits of litigation guardian, and written requests/consents to file documents in the French language in a bilingual proceeding),
• Clarify that there are no limitations on who can use the new service and that documents e-filed after regular business hours will be processed the next business day,
• Require an electronically filed statement of claim or notice of action to be filed in hard copy with the next document in the case that is filed in paper , and
• Require the filer to keep signed original paper documents for 5 years if they are not filed in hard copy with the court.
3. Small Claims Court Form
The Plaintiff's Claim (Form 7A) is amended, as a result of the expansion of Small Claims Court Online, to reflect that the claim no longer needs to be a liquidated claim to be filed online.
Contact Address:
Ministry of the Attorney General
Corporate Policy Unit
720 Bay Street, 7th Floor
Toronto, ON M7A 2S9
Corporate Policy Unit
720 Bay Street, 7th Floor
Toronto, ON M7A 2S9
Royal Assent Date:
January 1, 2017
Decision:
Approved