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 November 10, 2022, and filed on November 15, 2022.
https://www.ontario.ca/laws/regulation/r22521
https://www.ontario.ca/laws/regulation/r22521
Analysis of Regulatory Impact:
There is no regulatory impact to business anticipated in relation to this proposal.
Further Information:
https://www.ontario.ca/laws/regulation/r22521
Proposal Number:
22-MAG014
Posting Date:
Summary of Proposal:
This regulation, O. Reg. 521/22, makes changes to the procedural rules of the Small Claims Court to introduce a new unsworn lawyer or paralegal'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 paralegal or caused to be effected by a lawyer or paralegal.
The regulation amends nine rules, creates one new form, and revises six forms.
The rule amendments:
• introduce a new unsworn lawyer or paralegal's certificate of service (Form 8B) to prove that a document was either served by the lawyer or paralegal or caused to be served by the lawyer or paralegal;
• update existing provisions that refer to the use of affidavits of service;
• move the provision about proof of service within the service rule (Rule 8) for better organization;
• update references to affidavits of service to clarify the applicable forms of proof of service;
• prescribe a revised version of the Form 8A affidavit of service to better capture existing service methods and to add information about using a lawyer or paralegal's certificate of service as an alternative form of proof of service; and
• prescribe revised versions of Forms 7A, 9A, 10A, 15A, and 20H to update their existing references to affidavits of service and make housekeeping updates (e.g. updated links to Ontario.ca pages).
The regulation amends nine rules, creates one new form, and revises six forms.
The rule amendments:
• introduce a new unsworn lawyer or paralegal's certificate of service (Form 8B) to prove that a document was either served by the lawyer or paralegal or caused to be served by the lawyer or paralegal;
• update existing provisions that refer to the use of affidavits of service;
• move the provision about proof of service within the service rule (Rule 8) for better organization;
• update references to affidavits of service to clarify the applicable forms of proof of service;
• prescribe a revised version of the Form 8A affidavit of service to better capture existing service methods and to add information about using a lawyer or paralegal's certificate of service as an alternative form of proof of service; and
• prescribe revised versions of Forms 7A, 9A, 10A, 15A, and 20H to update their existing references to affidavits of service and make housekeeping updates (e.g. updated links to Ontario.ca pages).
Contact Address:
Ministry of the Attorney General
Corporate Policy Unit
720 Bay Street, 3rd Floor
Toronto, ON M7A 2S9
Corporate Policy Unit
720 Bay Street, 3rd Floor
Toronto, ON M7A 2S9
Effective Date:
January 30, 2023
Decision:
Approved