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. 175/24: RULES OF CIVIL PROCEDURE
Proposal Number:
24-MAG004
Posting Date:
Summary of Proposal:
In summary, this regulation, O. Reg. 175/24, expands the availability of bifurcation orders and makes related amendments.
The regulation amends five rules to:
• provide that an order for separate hearings on one or more issues in a proceeding (also known as bifurcation of the proceeding) may be made on a party's motion either with or without the consent of all parties, or at a case conference only with consent of all parties;
• set out the factors the court shall consider in determining whether to order separate hearings;
• provide that a party who sets an action down for trial does not require leave to make a subsequent motion seeking an order for separate hearings;
• require each party's pre-trial conference brief to set out their position on a potential order for separate hearings, if any of the parties in the proceeding is intending to seek such an order, both under the ordinary procedure and under the Rule 76 simplified procedure; and
• require any party's intention to seek a bifurcation order to be one of the issues considered at the pre-trial conference in a proceeding.
The regulation amends five rules to:
• provide that an order for separate hearings on one or more issues in a proceeding (also known as bifurcation of the proceeding) may be made on a party's motion either with or without the consent of all parties, or at a case conference only with consent of all parties;
• set out the factors the court shall consider in determining whether to order separate hearings;
• provide that a party who sets an action down for trial does not require leave to make a subsequent motion seeking an order for separate hearings;
• require each party's pre-trial conference brief to set out their position on a potential order for separate hearings, if any of the parties in the proceeding is intending to seek such an order, both under the ordinary procedure and under the Rule 76 simplified procedure; and
• require any party's intention to seek a bifurcation order to be one of the issues considered at the pre-trial conference in a proceeding.
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