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On December 21, 2018 regulations were filed to amend the Rules of Civil Procedure (“RCP”), O. Reg. 536/18 and O. Reg. 537/18. The changes are summarized below.
The amendments to the civil court rules will come into force on January 1, 2019.
The amended and new court forms are available online at: http://ontariocourtforms.on.ca/en/rules-of-civil-procedure-forms/.
The amendments:
- authorize a court registrar to automatically dismiss Divisional Court cases (appeals and applications for judicial review) that are not set down for a hearing or terminated by any means within 5 years. Rule 61 and rule 68 are amended and form amendments made to support the rule changes (61A and 68A are amended Form 61A.1, 61I.1 and 68D are created);
- require a hearing in writing for Divisional Court motions for leave to appeal from final cost orders made by a judge in the Superior Court of Justice by amending rule 62.02;
- change 7 estate court application forms to clarify the instructions on how to disclose the value of an estate. The revised forms are 74.4, 74.4.1, 74.5, 74.5.1, 74.14, 74.15 and 74.30;
- simplify 2 estate court application forms by clarifying the questions about the deceased’s marital status and reduce the number of questions. The revised forms are 74.14 and 74.15;
- change Form 14F, Information for Court Use, to list as a case type the new tort of human trafficking;
- allow a proceeding to be commenced by application where it is unlikely that there will be any material facts in dispute requiring a trial;
- establish deadlines for the service of supplementary expert reports;
- allow a respondent to confirm a motion date in order to seek costs of an abandoned motion;
- clarify the requirements for the evidence filed on a motion for removal of a lawyer of record;
- allow a court to impose a discovery plan on a motion related to discovery;
- remove the requirement to publish notice of a Practice Direction in the Ontario Reports; and
- replace references to the “Construction Lien Act” with the “Construction Act”.
Court Services Division manages more than 250 court offices in communities across the province. These offices provide an essential public service. Court staff schedule court cases, maintain court records and files, collect fines and fees, enforce civil orders, provide justice information to the public, and facilitate the delivery of other justice services, including civil and family mediation programs, victims' services and legal aid services.
Court Services also provides administrative and courtroom support to all judicial officers in the Superior Court of Justice and the Ontario Court of Justice. Court staff manage the jury system and provide the courtroom clerks, court reporters, registrars and court interpreters required for court proceedings.
Court Information
- Address and Phone Information for Courthouses in Ontario
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- What Sureties Need to Know
- Overview on Publication Bans
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- How do I order a court transcript?
Small Claims Court
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Civil Cases
- What's New? Changes to the Rules of Civil Procedure and Forms in effect January 1, 2015 (PDF) NEW!
- Flowcharts summarizing the processes under the Rules of Civil Procedure (PDF)
- Civil Rules Committee
- Civil Cases - Suing and Being Sued in the Superior Court of Justice
- Future Pecuniary Damages Awards: Annual Discount Rates and Gross Up Rates
- Videoconference Pilot Project For Solicitor-Client Assessments
- Transferring a claim from Superior Court of Justice to Small Claims Court (PDF)
Divisional Court
- What is Divisional Court?
- Guide to Appeals in Divisional Court
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- Guide to Fees in Divisional Court Appeals
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- General Information about the Jury System in Ontario
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- Where Do I Stand: A Child's Legal Guide to Separation and Divorce
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Commissioner for Taking Affidavits and Non-Lawyer Notary Public Appointments
Estates
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Court Interpretation Services in Ontario
- General Information
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- Frequently Asked Questions