The Ontario government recently approved changes to the Rules of Civil Procedure, which will come into force on January 1, 2021 (they can be found here). This blog article will summarize the key changes.
1. Method of Attendance at Hearings
A new Rule 1.08: parties who seek to schedule a court date will be required to specify the method the hearing will be held:
-
In person.
-
By telephone conference.
-
By video conference.
This does not apply to proceedings in the Ontario Court of Appeal (which can direct the hearing method) or Case Conferences (which shall be held by telephone conference). Also, parties can object to the method of hearing chosen (Form 1A) before the earlier of 10 days after receiving notice of the court hearing chosen or 7 days before the hearing date. The dispute as to the hearing method will be resolved at a Case Conference, where the court will consider several factors, including the general principle that evidence and argument should be presented orally in open court, and the court’s ability to assess witness credibility/demeanour. However, unreasonable objections may incur cost consequences under Rule 57.01(1).
2. Mandatory Mediation and Oral Examinations for Discovery
This same Rule above requiring parties to choose the method of hearing (in-person, telephone conference or video conference) process also applies to mandatory mediation & oral discoveries. However, there are some differences:
– one of the parties shall propose the method of attendance by notice to other party
– if the other party delivers a Notice of Objection, the other parties shall request a Case Conference for the Court to make an order under the same rule above (however, the court is not required to consider the same factors in determining the best hearing method).
3. E-mail Service of Documents by Parties
The new Rules 16.01(4)(b)(iv) and 16.05(1)(f) will allow parties to serve documents (other than originating processes, such as a Statement of Claim) by e-mail without need for consent or a court order.
4. No Need for Fax Numbers
The Rules regarding the content of Backsheets on Court documents (e.g., pleadings) relating to service/delivery by fax are removed, and parties are no longer required to include fax numbers. Instead, parties must include their e-mail address for service/communications.
5. Electronic Signature by Court Staff
A new Rule 4.01.1 will permit electronic signatures of court documents that requiring the Court, a Registrar, a Judge, or any other officer under the Rules of Civil Procedure.
6. Court Documents
All documents prepared for the Court must meet the following standards:
i. the text shall be printed, typed, written or reproduced legibly, with double spaces between the lines and a margin of approximately 40 millimetres on the left-hand side,
ii. the characters used shall be of at least 12 point or 10 pitch size,
iii. good quality white paper or good quality near white recycled paper 216 millimetres by 279 millimetres shall be used, and
iv. text may appear on one side or on both sides of the paper.
7. Electronic Issuing
The Court will now be able to electronically issue any document by having the Registrar date, sign and seal it an electronic version of the seal of the Court a copy of the document in electronic format; or by using software authorized.
8. Court Compendium and Factum
A new Rule 4.05.3 will require any Compendium and Factum submitted to CaseLines:
(a) be in PDF format, with bookmarks as appropriate for each document and section heading within each document;
(b) contain,
(i) hyperlinks at which copies of the cited authorities may be viewed without charge, such as hyperlinks to the Canadian Legal Information Institute website (CanLii), e-Laws, the federal Justice Laws website or other similar sites, or
(ii) relevant excerpts of any cited authority for which copies are not available on a website without charge; and
(c) be named as follows:
i. the document type,
ii. the type of party submitting the document,
iii. the date on which the document was created or signed, in the format DD-MM-YYYY.
Also, all parties will be required to ensure every document submitted CaseLines is identical to that document as contained in the court file, subject to any modifications required by the Rules or the Court. However, this rule makes clear that submitting documents to CaseLines does not amount to the filing or service of those documents under these Rules.
9. Emailing of Documents and Communications by Court Registrar
A new Rule 4.12 will allow the Court Registrar to send communications or documents to parties in electronic format by e-mail to the address on record.
10. Virtual Commissioning of Affidavits
A new Rule 4.06(1)(e) will allow for virtual commissioning of affidavits.
11. Opposed Motions in Writing
The revised Rule 37.12.1(4) will allow for opposed motions in writing even where the issues of fact or law are complex.
12. Entering Court Orders
A new Rule 59.05 changes to the process for entering and filing Court orders.
Disclaimer: The content on this website and blog is not legal advice or legal opinion of any kind, and is only general information. It is in no way particular to your individual case and should not be relied upon in any way. The outcome of a legal matter depends on its unique circumstances, and prior successes are not indicative of future results. No portion or use of this website or blog will establish a lawyer-client relationship with the author, this law firm or any related party. Should you require legal advice for your particular situation, please fill out the form below, or call 647-822-5492, to request an initial consultation.