Amendment to Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure)
Rules of Civil Procedure, R.R.O. 1990, Reg. 194
Regulation - Other
Bill or Act:
Courts of Justice Act, R.S.O. 1990, c. C.43
Summary of Decision:
This regulation was approved on November 10, 2022, and filed on November 15, 2022.
Analysis of Regulatory Impact:
There is no regulatory impact to business anticipated in relation to this proposal.
Summary of Proposal:
This regulation, O. Reg. 520/22, makes changes to the civil rules of court to introduce a new unsworn lawyer's certificate of service. The new certificate can be used to prove service of a court document where service was effected by a lawyer or caused to be effected by a lawyer.
The regulation amends five rules, creates two new forms, and revises seven forms.
The rule amendments:
• introduce two new unsworn lawyer's certificates of service (Form 16B.1 for general use and Form 74B.1 for probate applications) to prove that a document was either served by the lawyer or caused to be served by the lawyer;
• designate the lawyer's certificate of service, as well as electronic filing of certain enforcement documents, as an exception to the general rule that self-represented litigants may perform any step assigned to lawyers under the rules;
• update the name and terminology of the Form 16C certificate of service available to the Sheriff;
• update references to affidavits of service to clarify the applicable forms of proof of service; and
• prescribe revised versions of Forms 74.44, 74.49.2, 74.49.3, 74.50, 74.51, and 75.8 to update their existing references to affidavits of service.
Ministry of the Attorney General
Corporate Policy Unit
720 Bay Street, 3rd Floor
Toronto, ON M7A 2S9
January 30, 2023