Escolar Documentos
Profissional Documentos
Cultura Documentos
1. Subrule 12.06 (4) of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by striking out (6).
2. Subrule 14.08 (3) of the Regulation is revoked.
3. Clause 16.01 (4) (b) of the Regulation is amended by striking out or at the end of subclause (i), by adding or
at the end of subclause (ii) and by adding the following subclauses:
(iii) by use of an electronic document exchange of which the party or person is a member or subscriber, but, where
service is made under this subclause between 4 p.m. and midnight, it is deemed to have been made on the
following day, and
(iv) if the parties consent or the court orders under subrule 16.06.1 (2), by e-mailing a copy to the party or person in
accordance with subrule 16.06.1 (1), but, where service is made under this subclause between 4 p.m. and
midnight, it is deemed to have been made on the following day.
4. Subrule 16.03 (6) of the Regulation is amended by striking out Ministry of Consumer and Commercial
Relations and substituting Ministry of Government and Consumer Services.
5. (1) Subrule 16.05 (1) of the Regulation is amended by adding the following clause:
(c.1) by use of an electronic document exchange of which the lawyer is a member or subscriber, but, where service is made
under this clause between 4 p.m. and midnight, it is deemed to have been made on the following day;
(2) Clause 16.05 (1) (d) of the Regulation is amended by striking out subrules (3), (3.1) and (3.2) and substituting
subrules (3) and (3.2).
(3) Clause 16.05 (1) (f) of the Regulation is revoked and the following substituted:
(f) if the parties consent or the court orders under subrule 16.06.1 (2), by e-mailing a copy to the lawyers office in
accordance with subrule 16.06.1 (1), but, where service is made under this clause between 4 p.m. and midnight, it is
deemed to have been made on the following day.
(4) Subrule 16.05 (3.1) of the Regulation is revoked.
(5) Subrule 16.05 (4) of the Regulation is revoked.
6. Rule 16 of the Regulation is amended by adding the following rule:
SERVICE BY E-MAIL
Required Information
16.06.1 (1) The e-mail message to which a document served under subclause 16.01 (4) (b) (iv) or clause 16.05 (1) (f) is
attached shall include,
(a) the senders name, address, telephone number, fax number, if any, and e-mail address;
(b) the date and time of transmission; and
(c) the name and telephone number of a person to contact in the event of a transmission problem.
Order for Service by E-mail
(2) If parties do not consent to the service of a document by e-mail, the court may, on motion, make an order directing that
the document be served by e-mail, on such terms as are just.
7. (1) Rule 16.09 of the Regulation is amended by adding the following subrule:
2
(2) The lawyers for the parties shall appear at the case conference and, unless the judge or case management master orders
otherwise, the parties shall participate,
(a) by personal attendance; or
(b) under rule 1.08 (telephone and video conferences), if personal attendance would require undue amounts of travel time
or expense.
(3) A party who requires another persons approval before agreeing to a settlement shall, before the case conference,
arrange to have ready telephone access to the other person throughout the case conference, whether it takes place during or
after regular business hours.
(4) Every lawyer attending the case conference shall ensure that he or she has the authority to deal with the matters
referred to in subrule (5) and that he or she is fully acquainted with the facts and legal issues in the proceeding.
Matters to be Dealt With
(5) At the case conference, the judge or case management master may,
(a) identify the issues and note those that are contested and those that are not;
(b) explore methods to resolve the contested issues;
(c) if possible, secure the parties agreement on a specific schedule of events in the proceeding;
(d) establish a timetable for the proceeding; and
(e) review and, if necessary, amend an existing timetable.
Powers
(6) At the case conference, the judge or case management master may, if notice has been given and it is appropriate to do
so or on consent of the parties,
(a) make a procedural order;
(b) convene a pre-trial conference;
(c) give directions; and
(d) in the case of a judge,
(i) make an order for interlocutory relief, or
(ii) convene a hearing.
17. Subrule 53.03 (1) of the Regulation is amended by striking out not less than 90 days before the pre-trial
conference required under Rule 50 and substituting not less than 90 days before the pre-trial conference scheduled
under subrule 50.02 (1) or (2).
18. Clause 58.05 (1) (b) of the Regulation is amended by striking out a court reporter and substituting an
authorized court transcriptionist.
19. Clause 60.19 (2) (b) of the Regulation is amended by striking out court reporter and substituting authorized
court transcriptionist.
20. Subrule 61.05 (7) of the Regulation is amended by striking out the court reporter and substituting the
authorized court transcriptionist.
21. (1) Subclause 61.09 (3) (a) (iv) of the Regulation is amended by striking out the court reporter and
substituting the authorized court transcriptionist.
(2) Subclause 61.09 (3) (b) (iv) of the Regulation is amended by striking out the court reporter and substituting
the authorized court transcriptionist.
22. (1) Subrule 62.02 (1) of the Regulation is amended by striking out the Act and substituting the Courts of
Justice Act.
(2) Subrules 62.02 (2) and (3) of the Regulation are revoked and the following substituted:
Motion in Writing
(2) The motion for leave to appeal shall be heard in writing, without the attendance of parties or lawyers.
Notice of Motion
(3) Subrules 61.03.1 (2) and (3) apply, with necessary modifications, to the notice of motion for leave.
(3) Subrules 62.02 (5), (6), (6.1) and (6.2) of the Regulation are revoked and the following substituted:
5
Procedures
(5) Subrules 61.03.1 (4) to (19) (procedure on motion for leave to appeal) apply, with the following and any other
necessary modifications, to the motion for leave to appeal:
1. References in the subrules to the Court of Appeal shall be read as references to the Divisional Court.
2. For the purposes of subrule 61.03.1 (6), only one copy of each of the motion record, factum, any transcripts and any
book of authorities is required to be filed.
3. For the purposes of subrule 61.03.1 (10), only one copy of each of the factum, any motion record and any book of
authorities is required to be filed.
23. Rule 77.08 of the Regulation is revoked and the following substituted:
CASE CONFERENCE
77.08 A judge or case management master may at any time, on his or her own initiative or at a partys request, convene a
case conference under rule 50.13.
24. (1) The Table of Forms to the Regulation is amended by striking out,
48C.1 Status Notice: Action Not on a Trial List July 30, 2009
48C.2 Status Notice: Action Struck from Trial List November 1, 2008
. . . . .
JOHN KROMKAMP
Senior Legal Officer / Avocat Principal
Court of Appeal for Ontario / Cour dAppel de lOntario
La procureure gnrale,
MADELEINE MEILLEUR
Attorney General
Franais
Back to top