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O. Reg. 176/24: RULES OF CIVIL PROCEDURE
filed April 25, 2024 under Courts of Justice Act, R.S.O. 1990, c. C.43
Skip to contentontario regulation 176/24
made under the
Courts of Justice Act
Made: April 3, 2024
Approved: April 24, 2024
Filed: April 25, 2024
Published on e-Laws: April 25, 2024
Published in The Ontario Gazette: May 11, 2024
Amending Reg. 194 of R.R.O. 1990
(RULES OF CIVIL PROCEDURE)
1. Subrule 14.01 (3) of Regulation 194 of the Revised Regulations of Ontario, 1990 is revoked.
2. Rule 14 of the Regulation is amended by adding the following rule:
Where Leave to Commence is Required
14.01.1 (1) Where leave to commence a proceeding is required, it shall be obtained by motion.
Small Claims Action
(2) A motion under subsection 23 (1.1) of the Courts of Justice Act for leave to commence an action in the Superior Court of Justice that is within the Small Claims Court’s jurisdiction may be made without notice, unless the court orders otherwise.
Same
(3) The court may grant leave under subsection 23 (1.1) of the Courts of Justice Act only if it is in the interest of justice.
3. Rule 57.05 of the Regulation is amended by adding the following subrule:
Relief Sought Improperly
(5) If the court determines that a plaintiff included a claim for relief in a proceeding in order to be able to commence the action in the Superior Court of Justice instead of in the Small Claims Court, the court may order the payment of costs by the plaintiff.
4. (1) Subrule 62.02 (1) of the Regulation is amended by adding “or decisions” after “the following orders”.
(2) Subrule 62.02 (1) of the Regulation is amended by adding the following paragraph:
3. Any order or decision of a tribunal under a statute that provides that the order or decision may be appealed to the Divisional Court with leave of that Court, unless the statute provides for another procedure.
5. Rule 68.01 of the Regulation is amended by adding the following subrules:
Where Leave Required
(3) If a statute, other than the Judicial Review Procedure Act, requires leave of the Divisional Court or the Superior Court of Justice to commence an application for judicial review, leave shall be obtained in accordance with this rule, unless the statute provides for another procedure.
(4) The motion for leave shall be heard in writing, without the attendance of parties or lawyers.
(5) Subrules 61.03.1 (2) to (15) (motion for leave to appeal to Court of Appeal) apply, with the following and any other necessary modifications, with respect to the motion for leave:
1. References in those subrules to the Court of Appeal shall be read as references to the Divisional Court or the Superior Court of Justice, as the case may be.
2. For the purposes of subrule 61.03.1 (4),
i. the moving party’s factum shall be limited to those facts, issues, statements of law and authorities that are relevant to a ground on which leave may be granted, and
ii. the motion record served by the moving party shall include a document or portion of a document, including a transcript of evidence, only if the document or portion of a document is relevant to a ground on which leave may be granted and is referred to in the moving party’s factum.
3. For the purposes of subrules 61.03.1 (7) and (8),
i. the responding party’s factum shall be limited to those facts, issues, statements of law and authorities that are relevant to a ground on which leave may be granted, and
ii. any motion record served by the responding party shall include a document or portion of a document, including a transcript of evidence, only if the document or portion of a document is relevant to a ground on which leave may be granted and is referred to in the responding party’s factum.
If Leave Granted
(6) If leave is granted, the notice of application required by subrule (1) shall be delivered within seven days after the granting of leave.
Commencement
6. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.
(2) Sections 4 and 5 come into force on the later of July 1, 2024 and the day this Regulation is filed.
(3) Sections 1 to 3 come into force on the later of the day section 1 of Schedule 3 to the Strengthening Safety and Modernizing Justice Act, 2023 comes into force and the day this Regulation is filed.
Civil Rules Committee:
Le Comité des règles en matière civile :
Hayley Pitcher
Deputy Director/Sous directrice/Acting Executive
Legal Officer/Advocate directrice intérimaire/
Acting Secretary of the Civil Rules Committee/
Secrétaire intérimaire du Comité des règles en
matière civile
Court of Appeal for Ontario/Cour d’appel de
l’Ontario
Date made: April 3, 2024
Pris le : 3 avril 2024
I approve this Regulation.
J’approuve le présent règlement.
Le procureur général,
Doug Downey
Attorney General
Date approved: April 24, 2024
Approuvé le : 24 avril 2024