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 October 9, 2024, and filed on October 15, 2024.
Analysis of Regulatory Impact:
There is no regulatory impact to business anticipated in relation to this proposal.
Further Information:
Proposal Number:
24-MAG009
Posting Date:
Summary of Proposal:
In summary, O. Reg. 384/24 makes changes to require certification of the authenticity of the authorities cited in factums and certification of the authenticity of expert reports and eliminate duplicate filing of notices of application.
The regulation amends seven rules and one form to:
• require every factum under the rules to be accompanied by a statement by the filing lawyer (or self-represented litigant), or a person they authorize, certifying that they are satisfied as to the authenticity of every authority cited in the factum (rule 4.06.1(2.1));
• stipulate that, for the purposes of the factum certification requirement, 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 (rule 4.06.1(2.2));
• require every expert report under the rules to include a statement by the expert witness certifying that they are satisfied as to the authenticity of every authority or other document or record cited in their report, other than documents or records consisting of evidence or potential evidence analyzed by the expert in the report and provided to the expert by or on behalf of the party intending to call them as a witness; authorities or other documents or records that the expert has cited solely in order to address the use of the same authority, document, or record by another expert engaged in the proceeding; and authorities or other documents or records whose authenticity the expert calls into question in the body of the report (rule 53.03(2.1));
• stipulate that, for the purposes of the expert report certification requirement, authorities and other documents or records published on a government website or by a government printer, in a scholarly journal, or by a commercial publisher of research on the subject of the report are presumed authentic, absent evidence to the contrary (rule 53.03(2.2));
• add a certification of authenticity statement for authorities, documents, and records to Form 53, Acknowledgment of Expert's Duty, which must be signed by every party-engaged expert (in addition to the certification requirement in their report itself);
• clarify which requirements for the reports of party-engaged expert witnesses also apply to reports prepared by court-appointed experts (rule 52.03(7)-(7.1));
• revise existing provisions referring to certification statements in appeal and judicial review factums to harmonize with the new certification of authenticity provisions for all factums (rules 61.11(1) and (5), 61.12(3) and (5.3), 68.04(3) and (6));
• remove the requirement to file a copy of a notice of application when filing proof of service of that notice (rule 38.06(4)); and
• make minor consequential amendments.
The amendments in the regulation will come into force on December 1, 2024.
The regulation amends seven rules and one form to:
• require every factum under the rules to be accompanied by a statement by the filing lawyer (or self-represented litigant), or a person they authorize, certifying that they are satisfied as to the authenticity of every authority cited in the factum (rule 4.06.1(2.1));
• stipulate that, for the purposes of the factum certification requirement, 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 (rule 4.06.1(2.2));
• require every expert report under the rules to include a statement by the expert witness certifying that they are satisfied as to the authenticity of every authority or other document or record cited in their report, other than documents or records consisting of evidence or potential evidence analyzed by the expert in the report and provided to the expert by or on behalf of the party intending to call them as a witness; authorities or other documents or records that the expert has cited solely in order to address the use of the same authority, document, or record by another expert engaged in the proceeding; and authorities or other documents or records whose authenticity the expert calls into question in the body of the report (rule 53.03(2.1));
• stipulate that, for the purposes of the expert report certification requirement, authorities and other documents or records published on a government website or by a government printer, in a scholarly journal, or by a commercial publisher of research on the subject of the report are presumed authentic, absent evidence to the contrary (rule 53.03(2.2));
• add a certification of authenticity statement for authorities, documents, and records to Form 53, Acknowledgment of Expert's Duty, which must be signed by every party-engaged expert (in addition to the certification requirement in their report itself);
• clarify which requirements for the reports of party-engaged expert witnesses also apply to reports prepared by court-appointed experts (rule 52.03(7)-(7.1));
• revise existing provisions referring to certification statements in appeal and judicial review factums to harmonize with the new certification of authenticity provisions for all factums (rules 61.11(1) and (5), 61.12(3) and (5.3), 68.04(3) and (6));
• remove the requirement to file a copy of a notice of application when filing proof of service of that notice (rule 38.06(4)); and
• make minor consequential amendments.
The amendments in the regulation will come into force on December 1, 2024.
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:
December 1, 2024
Decision:
Approved