Regulation - Minister
Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure)
Regulation Number(s):
194
Instrument Type:
Regulation - Minister
Bill or Act:
Courts of Justice Act
Summary of Decision:
• This regulation was approved on July 23, 2019, and filed on October 23, 2019.
• This regulation amending Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure) is available online at: https://www.ontario.ca/laws/regulation/r19344
• The amended forms are available online at:
http://ontariocourtforms.on.ca/en/rules-of-civil-procedure-forms/ .
• This regulation amending Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure) is available online at: https://www.ontario.ca/laws/regulation/r19344
• The amended forms are available online at:
http://ontariocourtforms.on.ca/en/rules-of-civil-procedure-forms/ .
Analysis of Regulatory Impact:
There are no new administrative costs to business
Further Information:
Proposal Number:
19-MAG013
Posting Date:
Summary of Proposal:
MAG has amended Regulation 194 (Rules of Civil Procedure) and associated forms.
The simplified procedure amendments would, among other things:
1. Increase the monetary limit for mandatory simplified procedure cases from $100,000 to $200,000.
2. Restrict the delivery of a jury notice in a rule 76 action on or after January 1, 2020 for all types of actions other than malicious prosecution, false imprisonment, defamation, libel or slander. In these types of rule 76 actions a jury notice must be delivered and a Form 76A must be delivered to continue the action under the ordinary procedure.
3. Pre-trial conference:
a. Require the parties to agree on a trial management plan and file the proposed plan five days before the pre-trial.
b. Require the scheduling of a pre-trial date within 180 days of the action being set down for trial.
c. Require the judicial official hearing the pre-trial to, among other things, fix: a date for the trial; the number of witnesses, other than expert witnesses; and the dates for delivery of affidavits.
4. Eliminate the availability of two modes of trial in favour of a single trial process (a summary method, which involves examination-in-chief by affidavit).
5. Limit trials to a maximum of five days duration.
6. Require any party intending to call expert evidence at trial to comply with the requirements of rule 53.03 and to append the expert report to an affidavit from the expert.
7. Limit cost recovery to $50,000 for costs and $25,000 for disbursements, except where an Act provides otherwise, and subject to the existing adverse consequences under rule 76.13 for misuse of, or failure to use, the simplified procedure.
8. Increase the time limit for examinations for discovery by each party from two hours to three hours.
9. Change Form 14F to refer to the new monetary threshold for simplified procedure actions.
10. Change Form 76D to ensure consistency with the rule change removing one mode of trial for simplified procedure actions.
The garnishment court form changes:
11. Add a unique identification number on garnishment court forms.
12. Will facilitate the tracking and management of garnishment proceedings through the new identification number.
The simplified procedure amendments would, among other things:
1. Increase the monetary limit for mandatory simplified procedure cases from $100,000 to $200,000.
2. Restrict the delivery of a jury notice in a rule 76 action on or after January 1, 2020 for all types of actions other than malicious prosecution, false imprisonment, defamation, libel or slander. In these types of rule 76 actions a jury notice must be delivered and a Form 76A must be delivered to continue the action under the ordinary procedure.
3. Pre-trial conference:
a. Require the parties to agree on a trial management plan and file the proposed plan five days before the pre-trial.
b. Require the scheduling of a pre-trial date within 180 days of the action being set down for trial.
c. Require the judicial official hearing the pre-trial to, among other things, fix: a date for the trial; the number of witnesses, other than expert witnesses; and the dates for delivery of affidavits.
4. Eliminate the availability of two modes of trial in favour of a single trial process (a summary method, which involves examination-in-chief by affidavit).
5. Limit trials to a maximum of five days duration.
6. Require any party intending to call expert evidence at trial to comply with the requirements of rule 53.03 and to append the expert report to an affidavit from the expert.
7. Limit cost recovery to $50,000 for costs and $25,000 for disbursements, except where an Act provides otherwise, and subject to the existing adverse consequences under rule 76.13 for misuse of, or failure to use, the simplified procedure.
8. Increase the time limit for examinations for discovery by each party from two hours to three hours.
9. Change Form 14F to refer to the new monetary threshold for simplified procedure actions.
10. Change Form 76D to ensure consistency with the rule change removing one mode of trial for simplified procedure actions.
The garnishment court form changes:
11. Add a unique identification number on garnishment court forms.
12. Will facilitate the tracking and management of garnishment proceedings through the new identification number.
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
Effective Date:
January 1, 2020
Decision:
Approved