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 August 1, 2024, and filed on August 2, 2024.
Analysis of Regulatory Impact:
There is no regulatory impact to business anticipated in relation to this proposal.
Further Information:
O. Reg. 322/24: RULES OF CIVIL PROCEDURE
Proposal Number:
24-MAG008
Posting Date:
Summary of Proposal:
This regulation, O. Reg. 322/24, creates or amends 17 rules of the Rules of Civil Procedure and 9 prescribed forms to establish a new framework for vexatious litigant proceedings under section 140 of the Courts of Justice Act (CJA) and update the procedure under Rule 2.1 for the stay or dismissal of proceedings or motions on the grounds that they are frivolous, vexatious, or an abuse of the court's process.
The key features of the regulation are:
A. Rule 2.1 improvements:
o Reorganization of rule 2.1.01 to better reflect the chronology of steps and to distinguish between the court acting in response to a written request and on its own initiative.
o New provision in rule 2.1.01 to automatically stay proceedings pending a determination under that rule.
o Various changes to bring Rule 2.1 into better alignment with other rules, especially with regard to terminology.
o A new request form (Form 2.1A) with details about what to include for each court to replace the ad hoc letters currently sent to the courts.
o Renumbering of the current notice form to Form 2.1B.
B. New Rule 2.2 to bring together all components of the vexatious litigant framework under the RCP:
o Rules 2.2.01-2.2.07 set out the procedure governing the making of vexatious litigant orders (VLOs), when they are sought by way of motion (in an ongoing proceeding), application (in a standalone proceeding), or on a judge's initiative (in an ongoing proceeding.
- The procedure consists broadly of:
1. an initial notice step to the person who is the potential subject of the VLO and to all others identified as being involved in ongoing litigation with that person;
2. a period for the person who is the potential subject of the VLO to respond to the notice;
3. a further reply period for all persons involved in ongoing litigation with the person who is the potential subject of the VLO;
4. an initial review by a judge and a decision by that judge either to dismiss the motion/application/proposal or order a hearing in the matter, with ancillary directions as needed;
5. a hearing (if the initial review judge so orders);
6. a decision either to make a VLO or decline to do so, with ancillary terms as appropriate in either case; and
7. requirements for staff to immediately issue the VLO (if one is made), circulate it to the indicated parties and persons, and send it to the Court Services Division for inclusion in the index of vexatious litigant orders.
o Seven new forms under Rule 2.2, including model order forms.
o New definition in Rule 2.2 for "vexatious litigant order", meaning an order made or contemplated under CJA s. 140(1).
o Cross-reference in new rule 2.2.08 to flag that the process for a vexatious litigant to seek leave to commence a proceeding under CJA s. 140(3) is set out under rule 38.01(3) (which in turn points to rule 38.13).
o Transposition of the existing rule 2.1.03 (process to stay or dismiss a proceeding commenced without leave by a person who is already under a VLO) to new rule 2.2.09, with numerous modifications to:
- reflect that VLOs may be limited in scope and therefore stay or dismissal under this rule should only occur where the proceeding commenced/continued without leave falls within the ambit of the order; and
- clarify that the rule does not alter the registrar's authority to refuse a document for filing or issuance if they determine that a VLO applies in the context.
C. Minor consequential amendments:
o To the rules governing originating process, motions, applications, and case management.
The amendments in the regulation will come into force on the date that the amendments to section 140 of the CJA come into force by proclamation of the Lieutenant Governor.
The key features of the regulation are:
A. Rule 2.1 improvements:
o Reorganization of rule 2.1.01 to better reflect the chronology of steps and to distinguish between the court acting in response to a written request and on its own initiative.
o New provision in rule 2.1.01 to automatically stay proceedings pending a determination under that rule.
o Various changes to bring Rule 2.1 into better alignment with other rules, especially with regard to terminology.
o A new request form (Form 2.1A) with details about what to include for each court to replace the ad hoc letters currently sent to the courts.
o Renumbering of the current notice form to Form 2.1B.
B. New Rule 2.2 to bring together all components of the vexatious litigant framework under the RCP:
o Rules 2.2.01-2.2.07 set out the procedure governing the making of vexatious litigant orders (VLOs), when they are sought by way of motion (in an ongoing proceeding), application (in a standalone proceeding), or on a judge's initiative (in an ongoing proceeding.
- The procedure consists broadly of:
1. an initial notice step to the person who is the potential subject of the VLO and to all others identified as being involved in ongoing litigation with that person;
2. a period for the person who is the potential subject of the VLO to respond to the notice;
3. a further reply period for all persons involved in ongoing litigation with the person who is the potential subject of the VLO;
4. an initial review by a judge and a decision by that judge either to dismiss the motion/application/proposal or order a hearing in the matter, with ancillary directions as needed;
5. a hearing (if the initial review judge so orders);
6. a decision either to make a VLO or decline to do so, with ancillary terms as appropriate in either case; and
7. requirements for staff to immediately issue the VLO (if one is made), circulate it to the indicated parties and persons, and send it to the Court Services Division for inclusion in the index of vexatious litigant orders.
o Seven new forms under Rule 2.2, including model order forms.
o New definition in Rule 2.2 for "vexatious litigant order", meaning an order made or contemplated under CJA s. 140(1).
o Cross-reference in new rule 2.2.08 to flag that the process for a vexatious litigant to seek leave to commence a proceeding under CJA s. 140(3) is set out under rule 38.01(3) (which in turn points to rule 38.13).
o Transposition of the existing rule 2.1.03 (process to stay or dismiss a proceeding commenced without leave by a person who is already under a VLO) to new rule 2.2.09, with numerous modifications to:
- reflect that VLOs may be limited in scope and therefore stay or dismissal under this rule should only occur where the proceeding commenced/continued without leave falls within the ambit of the order; and
- clarify that the rule does not alter the registrar's authority to refuse a document for filing or issuance if they determine that a VLO applies in the context.
C. Minor consequential amendments:
o To the rules governing originating process, motions, applications, and case management.
The amendments in the regulation will come into force on the date that the amendments to section 140 of the CJA come into force by proclamation of the Lieutenant Governor.
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:
August 2, 2024
Decision:
Approved