Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure)
Bill or Act:
Courts of Justice Act
Summary of Decision:
This regulation was approved on March 23, 2017, and filed on March 27, 2017.
Regulation 194 (Rules of Civil Procedure): https://www.ontario.ca/laws/regulation/900194
New Form 59D (Notice of Appointment to Settle Order) is available online at: http://ontariocourtforms.on.ca/en/rules-of-civil-procedure-forms/
Updated Form 61I (Order Dismissing Appeal or Cross-Appeal for Delay) is available online at: http://ontariocourtforms.on.ca/en/rules-of-civil-procedure-forms/
Summary of Proposal:
MAG has amended Regulation 194 (Rules of Civil Procedure) and associated forms.
1.Amendments to Proceedings in the Court of Appeal
Technical amendments will come into force on July 1, 2017 to clarify and simplify Court of Appeal procedures. These amendments:
•Specify the colour of covers for motion records, responding motion records and motion records containing fresh evidence.
•Eliminate the requirement to file a notice of confirmation of motion for motions before a single judge.
•Require motions on consent to include an affidavit or covering letter setting out why the consent order is appropriate, as required in the Court of Appeal's practice direction.
•Prescribe procedures for bringing an appointment to settle an order, including prescribing a new Form 59D (Notice of Appointment to Settle Order) to be used for obtaining an appointment.
•Remove references to leave motions being heard in the Court of Appeal 36 days after the service of motion materials.
•Require filing of electronic versions of facta on motions for leave to appeal in the Court of Appeal.
•Require certificates respecting evidence to be filed, not only served.
•Require electronic transcripts to be filed in order to perfect an appeal, not only hard copies.
•Require the appellant to serve a certificate of perfection on all other parties to the appeal, not only file it.
•Remove the requirement for the Registrar to serve a notice before dismissal of an appeal when a judge-ordered perfection deadline is missed. The registrar will instead make an order in Form 61I.
•Eliminate deemed costs where an appeal is abandoned, if the only step taken by the appellant was to file a notice of appeal/cross-appeal and the respondent has not taken any action in response.
•Require motions to review the order of a single judge of an appellate court to be filed within four days of the order, not only served.
2.Amendments to Proceedings in the Divisional Court
a)Motions for Leave to Appeal Interlocutory Orders
Amendments to rules 62.02 and 12.06 will come into force on July 1, 2017.
Amendments to rule 62.02 will:
•Remove the requirement to provide reasons when granting leave on motions for leave to appeal interlocutory orders in the Divisional Court.
•Require that a panel of the Divisional Court, rather than a single judge of the Superior Court, determine the issue of leave.
Rule 12.06 incorporates by reference rule 62.02 in the context of motions for leave to appeal an order under s. 30 of the Class Proceedings Act, 1992. Amendments to rule 12.06 will:
•Ensure that motions for leave under the Act continue to be heard by a single judge of the Superior Court of Justice, as required by the Act.
•Improve the readability of rule 12.06 by more clearly indicating what procedures apply for motions for leave under this rule.
b) Time Estimates in Facta
Amendments to rules 61.03, 61.16 and 68.04 will come into force on July 1, 2017. Amendments will require that a lawyer or party provide time estimates for oral arguments in facta filed on judicial review applications and motions before the Divisional Court.
3. French Translation of "Panel"
Amendments are made to replace the current French translation of "panel (of the court)" - "tribunal de juges" - with that of "formation de juges". This change reflects the translation used in Quebec legislation, federal texts, and Supreme Court of Canada decisions.
Ministry of the Attorney General
Corporate Policy Unit
720 Bay Street, 7th Floor
Toronto, ON M7A 2S9
July 1, 2017