Regulation - Other
Amendment to Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure)
Regulation Number(s):
O. Reg 383/23
Instrument Type:
Regulation - Other
Bill or Act:
Courts of Justice Act
Summary of Decision:
This regulation, O. Reg. 383/23, introduces word and page limits for appellate factums in the Court of Appeal and Divisional Court and requires lawyers or self-represented litigants to certify that they are satisfied that the authorities cited in the factum are authentic. The regulation also updates references to the two bond series in the formulas for calculating the "discount rate" and "gross-up rate" applicable to certain damage awards to correspond to the current series published by the Bank of Canada.
The regulation amends three rules.
The rule amendments:
• replace the references to bond series V121808 in the discount rate and gross-up rate formulas with the successor bond series V80691347;
• replace the reference to bond series V121758 in the gross-up rate formula with the successor bond series V80691331;
• replace the references to the Bank of Canada's Weekly Financial Statistics in the discount rate and gross-up rate formulas with reference to the Bank of Canada's website;
• add a provision noting that for the purposes of the discount rate and gross-up rate, reference may be made to the rates published by the Ministry of the Attorney General on a Government of Ontario website;
• expand the existing certification statement for both the appellant's and respondent's appeal factums in the Court of Appeal and Divisional Court to require the certifier to
o confirm that the factum complies with the word and page limits set out in the rules or otherwise in a court order;
o disclose the number of words in the factum; and
o confirm that they are satisfied as to the authenticity of every authority cited in the factum;
• add a provision prescribing the word limit for appellate factums to be 9,200 words and the page limit to be 40 pages, except with leave of the court;
• add a provision specifying which parts of the appellate factum are to be counted in the word limit; and
• add a provision to stipulate that, for the purposes of the certification requirement for appellate factums, authorities published on a government website or by a government printer, on CanLII, on a court's website, or by a commercial publisher of court decisions are presumed authentic, absent evidence to the contrary.
The regulation amends three rules.
The rule amendments:
• replace the references to bond series V121808 in the discount rate and gross-up rate formulas with the successor bond series V80691347;
• replace the reference to bond series V121758 in the gross-up rate formula with the successor bond series V80691331;
• replace the references to the Bank of Canada's Weekly Financial Statistics in the discount rate and gross-up rate formulas with reference to the Bank of Canada's website;
• add a provision noting that for the purposes of the discount rate and gross-up rate, reference may be made to the rates published by the Ministry of the Attorney General on a Government of Ontario website;
• expand the existing certification statement for both the appellant's and respondent's appeal factums in the Court of Appeal and Divisional Court to require the certifier to
o confirm that the factum complies with the word and page limits set out in the rules or otherwise in a court order;
o disclose the number of words in the factum; and
o confirm that they are satisfied as to the authenticity of every authority cited in the factum;
• add a provision prescribing the word limit for appellate factums to be 9,200 words and the page limit to be 40 pages, except with leave of the court;
• add a provision specifying which parts of the appellate factum are to be counted in the word limit; and
• add a provision to stipulate that, for the purposes of the certification requirement for appellate factums, authorities published on a government website or by a government printer, on CanLII, on a court's website, or by a commercial publisher of court decisions are presumed authentic, absent evidence to the contrary.
Analysis of Regulatory Impact:
There are no new administrative costs anticipated in relation to this proposal.
Further Information:
O. Reg. 383/23: RULES OF CIVIL PROCEDURE
Proposal Number:
23-MAG008
Posting Date:
Summary of Proposal:
Contact Address:
Court Services Division
McMurtry-Scott Building
720 Bay St., 2nd Floor
Toronto, ON M7A 2S9
McMurtry-Scott Building
720 Bay St., 2nd Floor
Toronto, ON M7A 2S9
Effective Date:
January 1, 2024
Decision:
Approved