O. Reg. 344/19: RULES OF CIVIL PROCEDURE

Français

ontario regulation 344/19

made under the

Courts of Justice Act

Made: May 28, 2019
Approved: July 23, 2019
Filed: October 23, 2019
Published on e-Laws: October 23, 2019
Printed in The Ontario Gazette: November 9, 2019

Amending Reg. 194 of R.R.O. 1990

(RULES OF CIVIL PROCEDURE)

1. The French version of clause 47.02 (1) (b) of Regulation 194 of the Revised Regulations of Ontario, 1990 is amended by striking out “signifiée” and substituting “remise”.

2. Clause 76.01 (1) (c) of the Regulation is revoked and the following substituted:

(c) actions commenced or continued under the simplified procedure set out in this Rule that are subsequently assigned for case management under rule 77.05;

(d) actions in respect of which a jury notice is delivered in accordance with subrule 76.02.1 (2).

3. (1) Paragraph 2 of subrule 76.02 (1) of the Regulation is amended by striking out “$100,000” in the portion before subparagraph i and substituting “$200,000”.

(2) Subrule 76.02 (5) of the Regulation is amended by striking out “or” at the end of clause (b) and by adding the following clauses:

(d) the action is assigned for case management under rule 77.05; or

(e) any party to the action delivers a jury notice in accordance with subrule 76.02.1 (2).

(3) Subrule 76.02 (7) of the Regulation is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (b) and by adding the following clause:

(c) a jury notice delivered in accordance with subrule 76.02.1 (2) is struck out.

4. The Regulation is amended by adding the following rule:

Jury Trial not available

76.02.1 (1) An action that is proceeding under this Rule shall not be tried with a jury and, subject to subrule (2), no party to the action may deliver a jury notice under rule 47.01.

(2) A party to an action that is proceeding under this Rule may deliver a jury notice under rule 47.01 if the action involves a claim for relief arising from one of the following:

1. Slander.

2. Libel.

3. Malicious arrest.

4. Malicious prosecution.

5. False imprisonment.

(3) If a jury notice is delivered in accordance with subrule (2), the action may no longer proceed under this Rule and the party delivering the jury notice shall deliver a notice (Form 76A) stating that the action and any related proceedings are continued as an ordinary action.

5. Subrule 76.04 (2) of the Regulation is amended by striking out “two hours” and substituting “three hours”.

6. The Regulation is amended by adding the following rule:

Expert Affidavits

76.09.1 (1) A party who intends to call expert evidence at the trial of the action shall comply with rule 53.03.

(2) An expert report served under rule 53.03 shall be appended to an affidavit of the expert in which the expert adopts the report for the purpose of giving it as evidence in the action.

7. (1) Subrule 76.10 (1) of the Regulation is revoked and the following substituted:

Notice

(1) A pre-trial conference shall be scheduled in accordance with rule 50.02.

(2) Rule 76.10 of the Regulation is amended by adding the following subrule:

Parties’ Proposed Trial Management Plan

(2) At least 30 days before the pre-trial conference, the parties shall agree to a proposed trial management plan that contains the following:

1. A list of every witness, including every expert witness, whose evidence a party intends to adduce at trial.

2. A division of time between the parties, the total of which shall not exceed five days, that sets out the allotted times for each party for,

i. opening statement,

ii. the presentation of evidence in chief by affidavit and under rule 31.11,

iii. cross-examination of deponents,

iv. re-examination of any deponents who are cross-examined, and

v. oral argument.

(3) Clause 76.10 (4) (a) of the Regulation is amended by adding the following subclause:

(0.i) a copy of the parties’ proposed trial management plan,

(4) Subclause 76.10 (4) (a) (ii) of the Regulation is amended by striking out “expert report” and substituting “expert affidavit, other than a supplementary expert affidavit”.

(5) Subclause 76.10 (4) (b) (i) of the Regulation is amended by striking out “a two-page statement setting out” at the beginning and substituting “a statement, not exceeding three pages, setting out”.

(6) Subrule 76.10 (5) of the Regulation is revoked and the following substituted:

Trial Planning

(5) The pre-trial conference judge or case management master shall,

(a) fix the number of witnesses, other than expert witnesses, whose evidence each party may adduce at trial;

(b) fix dates for the delivery of any witness affidavits, including any outstanding expert affidavits;

(c) fix a date for trial, subject to the direction of the regional senior judge; and

(d) approve the parties’ proposed trial management plan, with any changes to the order or time of presentation, or any other changes, that the pre-trial conference judge or case management master may specify, subject to the requirement that the duration of the trial not exceed five days.

(7) Subrules 76.10 (6) and (7) of the Regulation are revoked.

8. (1) Subrule 76.11 (3) of the Regulation is revoked.

(2) Subrule 76.11 (4) of the Regulation is amended by striking out “In the case of a summary trial under rule 76.12, the trial record shall contain” at the beginning of the portion before clause (a) and substituting “The trial record shall contain”.

(3) Clauses 76.11 (4) (d), (e) and (f) of the Regulation are revoked and the following substituted:

(d) a copy of any order respecting the trial, including a copy of the trial management plan approved by the pre-trial conference judge or case management master;

(e) a copy of all the affidavits, including any expert affidavits, served by all the parties for use at trial; and

(f) a certificate stating that the trial record contains the documents described in clauses (a) to (e) signed by,

(i) the lawyer of the party filing the trial record, or

(ii) if the party filing the trial record is acting in person, the party. 

9. (1) Subrules 76.12 (1) and (2) of the Regulation are revoked and the following substituted:

Procedure

(1) A trial of an action under this Rule shall proceed as follows, subject to the trial management plan approved under clause 76.10 (5) (d):

1. Before the presentation of evidence, each party may make an opening statement.

2. The plaintiff may adduce evidence, including any expert evidence, by affidavit and under rule 31.11.

3. A party who is adverse in interest may cross-examine the deponent of any affidavit served by the plaintiff.

4. The plaintiff may conduct a re-examination of any deponent who is cross-examined under this subrule.

5. When any cross-examinations and re-examinations of the plaintiff’s deponents are concluded, the defendant may adduce evidence, including any expert evidence, by affidavit and under rule 31.11.

6. A party who is adverse in interest may cross-examine the deponent of any affidavit served by a defendant.

7. A defendant may conduct a re-examination of any deponent who is cross-examined under this subrule.

8. When any cross-examinations and re-examinations of the defendant’s deponents are concluded, the plaintiff may, with leave of the trial judge, adduce any proper reply evidence.

9. After the presentation of evidence, each party may make oral argument.

(2) The trial judge may vary a time set out in the approved trial management plan, subject to the requirement that the duration of the trial not exceed five days.

(2) Subrule 76.12 (3) of the Regulation is amended by striking out “summary trial” and substituting “trial”.

(3) Subrule 76.12 (4) of the Regulation is revoked and the following substituted:

Judgment after Trial

(4) The judge shall grant judgment after the conclusion of the trial.

10. The Regulation is amended by adding the following rule:

Limits on costs and disbursements awards

Limits

76.12.1 (1) Except as provided for under rule 76.13 or an Act, no party to an action under this Rule may recover costs exceeding $50,000 or disbursements exceeding $25,000, exclusive of harmonized sales tax (HST).

Transition

(2) Subrule (1) does not apply in the case of an action that was commenced before January 1, 2020.

11. (1) Paragraph 2 of subrule 76.13 (2) of the Regulation is amended by striking out “$100,000” in the portion before subparagraph i and substituting “$200,000”.

(2) Subrule 76.13 (7) of the Regulation is amended by striking out “$100,000” and substituting “$200,000”.

(3) Subrule 76.13 (8) of the Regulation is amended by striking out “$100,000” and substituting “$200,000”.

(4) Subrules 76.13 (10) and (11) of the Regulation are revoked and the following substituted:

Transition

(10) In the case of an action that was commenced on or after January 1, 2002 and before January 1, 2010, subrules (2), (7) and (8) apply as if “$200,000” read “$50,000”.

(11) In the case of an action that was commenced on or after January 1, 2010 and before January 1, 2020, subrules (2), (7) and (8) apply as if “$200,000” read “$100,000”.

12. The Regulation is amended by adding the following rule:

transition — Jury Trials

76.14 Clauses 76.01 (1) (d), 76.02 (5) (e) and 76.02 (7) (c) and rule 76.02.1 do not apply to an action in respect of which a jury notice has been delivered before January 1, 2020.

13. (1) The row for Form 14F in the Table of Forms to the Regulation is amended by striking out “September 1, 2018” in the column titled “Date of Form” and substituting “May 1, 2019”.

(2) The rows for Forms 60H, 60H.1 and 76D in the Table of Forms to the Regulation are amended by striking out “November 1, 2005” wherever it appears in the column titled “Date of Form” and substituting in each case “May 1, 2019”.

Commencement

14. (1) Subject to subsection (2), this Regulation comes into force on the later of January 1, 2020 and the day it is filed.

(2) Section 13 and this section come into force on the later of August 1, 2019 and the day this Regulation is filed.

Made by:
Pris par :

Civil Rules Committee:
Le Comité des règles en matière civile :

Falguni Debnath

Senior Legal Offficer /
Avocate Principale

Date made: May 28, 2019
Pris le : 28 mai 2019

I approve this Regulation.
J’approuve le présent règlement.

Le procureur général,

Doug Downey

Attorney General

Date approved: July 23, 2019
Approuvé le : 23 juillet 2019

 

Français