Regulation - Other
Amendment to Reg. 194 under the Courts of Justice Act (Rules of Civil Procedure)
Regulation Number(s):
Rules of Civil Procedure, R.R.O. 1990, Reg. 194
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 April 24, 2024, and filed on April 25, 2024.
Analysis of Regulatory Impact:
There is no regulatory impact to business anticipated in relation to this proposal.
Further Information:
O. Reg. 176/24: RULES OF CIVIL PROCEDURE
Proposal Number:
24-MAG003
Posting Date:
Summary of Proposal:
In summary, this regulation, O. Reg. 176/24, makes changes respecting three categories of motions for leave in the Superior Court of Justice and Divisional Court and introduces a new costs provision.
The regulation amends five rules to:
• provide that a motion for leave to commence a claim in the Superior Court of Justice pursuant to section 23(1.1) of the Courts of Justice Act (i.e., an action in the jurisdiction of the Small Claims Court) may be made without notice unless the court orders otherwise;
• provide that such a motion may be granted only if it is in the interest of justice;
• move the existing provision in rule 14.01(3) respecting leave to commence a proceeding to a new location in rule 14.01.1;
• provide that the court may order costs against a plaintiff if it determines that the plaintiff included a claim for relief in order to avoid commencing the proceeding in the Small Claims Court;
• provide that the existing rule 62.02 procedure for motions for leave to appeal certain orders in the Divisional Court also applies to orders or decisions of tribunals under a statute; and
• create a new in-writing motion for leave procedure, to apply where a statute other than the Judicial Review Procedure Act requires leave of the Divisional Court or Superior Court of Justice to commence an application for judicial review.
The regulation amends five rules to:
• provide that a motion for leave to commence a claim in the Superior Court of Justice pursuant to section 23(1.1) of the Courts of Justice Act (i.e., an action in the jurisdiction of the Small Claims Court) may be made without notice unless the court orders otherwise;
• provide that such a motion may be granted only if it is in the interest of justice;
• move the existing provision in rule 14.01(3) respecting leave to commence a proceeding to a new location in rule 14.01.1;
• provide that the court may order costs against a plaintiff if it determines that the plaintiff included a claim for relief in order to avoid commencing the proceeding in the Small Claims Court;
• provide that the existing rule 62.02 procedure for motions for leave to appeal certain orders in the Divisional Court also applies to orders or decisions of tribunals under a statute; and
• create a new in-writing motion for leave procedure, to apply where a statute other than the Judicial Review Procedure Act requires leave of the Divisional Court or Superior Court of Justice to commence an application for judicial review.
Contact Address:
Ministry of the Attorney General
Court Services Division
720 Bay Street, 2nd Floor
Toronto, ON M7A 2S9
Court Services Division
720 Bay Street, 2nd Floor
Toronto, ON M7A 2S9
Effective Date:
July 1, 2024
Decision:
Approved