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 July 18, 2024, and filed on July 23, 2024.
Analysis of Regulatory Impact:
There is no regulatory impact to business anticipated in relation to this proposal.
Further Information:
Proposal Number:
24-MAG006
Posting Date:
Summary of Proposal:
This regulation, O. Reg. 300/24, introduces a new rule governing factums, streamlines other rules pertaining to factums, sets out new requirements for compendiums and certain other documents uploaded to Case Center (formerly CaseLines), clarifies the circumstances when a book of authorities is required to accompany a factum in the Superior Court of Justice, and improves terminology.
In summary, the regulation creates or amends 18 rules to:
• clarify the circumstances when Case Center is to be used (rule 4.05.3(2));
• update the terminology related to Case Center to refer to documents being "uploaded" to the system (rules 4.05.3 and 4.07(7)) and to make it clear that documents uploaded to Case Center are "copies" of filed documents (rule 4.05.3);
• provide that a Case Center compendium is not required for conferences, unopposed motions, or motions on consent, unless the court directs otherwise (rule 4.05.3(3.1));
• set out new hyperlinking requirements for Case Center compendiums to improve navigation to the contents of the compendium, for resources published on certain publicly available websites (rules 4.05.3(7)-(7.1), 61.10(1.1), 61.12(7.1));
• introduce a new standalone rule to set out the requirements for factums in all proceedings governed by the Rules of Civil Procedure (rule 4.06.1);
• consolidate the basic requirements for the content and citations in factums (rule 4.06.1(1)-(2));
• require factums to contain hyperlinks to authorities available on certain publicly available websites, and to the relevant section of the authority if possible (rule 4.06.1(3);
• clarify that a book of authorities is required to be filed along with a factum in the Superior Court of Justice only if one or more authorities is not available at one of the publicly available websites identified in the rules or if the factum is filed in hard copy (rule 4.06.1(4));
• set out the required contents and format for books of authorities, where required (rule 4.06.1(5));
• streamline existing references to factum filing requirements and introduce cross-references to the new rule 4.06.1 governing factums (rules 1.03(1), 20.03(1), 21.03(1), 22.02(1), 37.10(6), 38.09(1), 38.09(3), 40.04(1), 42.02(2), 61.03(2), 61.03(3), 61.11(1), 61.12(3), 61.16(4), 62.01(7), 62.01(8), 68.04(3), 68.04(6)); and
• replace references to "case books" with "books of authorities" to improve consistency.
In summary, the regulation creates or amends 18 rules to:
• clarify the circumstances when Case Center is to be used (rule 4.05.3(2));
• update the terminology related to Case Center to refer to documents being "uploaded" to the system (rules 4.05.3 and 4.07(7)) and to make it clear that documents uploaded to Case Center are "copies" of filed documents (rule 4.05.3);
• provide that a Case Center compendium is not required for conferences, unopposed motions, or motions on consent, unless the court directs otherwise (rule 4.05.3(3.1));
• set out new hyperlinking requirements for Case Center compendiums to improve navigation to the contents of the compendium, for resources published on certain publicly available websites (rules 4.05.3(7)-(7.1), 61.10(1.1), 61.12(7.1));
• introduce a new standalone rule to set out the requirements for factums in all proceedings governed by the Rules of Civil Procedure (rule 4.06.1);
• consolidate the basic requirements for the content and citations in factums (rule 4.06.1(1)-(2));
• require factums to contain hyperlinks to authorities available on certain publicly available websites, and to the relevant section of the authority if possible (rule 4.06.1(3);
• clarify that a book of authorities is required to be filed along with a factum in the Superior Court of Justice only if one or more authorities is not available at one of the publicly available websites identified in the rules or if the factum is filed in hard copy (rule 4.06.1(4));
• set out the required contents and format for books of authorities, where required (rule 4.06.1(5));
• streamline existing references to factum filing requirements and introduce cross-references to the new rule 4.06.1 governing factums (rules 1.03(1), 20.03(1), 21.03(1), 22.02(1), 37.10(6), 38.09(1), 38.09(3), 40.04(1), 42.02(2), 61.03(2), 61.03(3), 61.11(1), 61.12(3), 61.16(4), 62.01(7), 62.01(8), 68.04(3), 68.04(6)); and
• replace references to "case books" with "books of authorities" to improve consistency.
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:
September 1, 2024
Decision:
Approved