O. Reg. 322/24: RULES OF CIVIL PROCEDURE

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ontario regulation 322/24

made under the

Courts of Justice Act

Made: July 9, 2024
Approved: August 1, 2024
Filed: August 2, 2024
Published on e-Laws: August 2, 2024
Published in The Ontario Gazette: August 17, 2024

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

(RULES OF CIVIL PROCEDURE)

1. Rule 2.1 of Regulation 194 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

RULE 2.1 FRIVOLOUS, VEXATIOUS OR ABUSIVE PROCEEDINGS

Stay or Dismissal of Proceedings

Court May Stay, Dismiss

2.1.01 (1) The court may make an order staying or dismissing a proceeding that appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court.

Summary Determination

(2) The court may make a determination under subrule (1) in a summary manner, subject to the procedures set out in this rule.

On Own Initiative or On Request

(3) An order under subrule (1) may be made by the court on its own initiative or on the request of a party to the proceeding under subrule (4).

How to Request

(4) A party may seek an order under subrule (1) by serving a request in Form 2.1A on every other party and filing it with proof of service.

Registrar May Notify Court

(5) If, in the registrar’s opinion, there is reason to believe that a proceeding may be frivolous or vexatious or otherwise an abuse of the process of the court, the registrar may, in the absence of a request under subrule (4), notify the court.

Notice to Parties

(6) If, on review of a request under subrule (4) or on its own initiative, the court determines that it may be appropriate to make an order under subrule (1), the court shall direct the registrar to give notice to the parties in Form 2.1B that the proceeding may be stayed or dismissed.

Effect of Notice

(7) Once the registrar gives notice to the parties,

(a)  the proceeding is automatically stayed until the court either makes an order under subrule (1) or an order declining to stay or dismiss the proceeding; and

(b)  no party may take any step in the proceeding other than the steps in this rule, unless the court orders otherwise.

Procedures

(8) Unless the court orders otherwise, an order under subrule (1) shall be made on the basis of written submissions, if any, in accordance with the following procedures:

1.  The plaintiff or applicant may, within 15 days after receiving the notice, file with the court a written submission, no more than 10 pages in length, responding to the notice.

2.  If the plaintiff or applicant does not file a written submission that complies with paragraph 1, the court may make the order without any further notice to the plaintiff or applicant or to any other party.

3.  If the plaintiff or applicant files a written submission that complies with paragraph 1, the court may direct the registrar to give a copy of the submission to any other party.

4.  A party who receives a copy of the plaintiff’s or applicant’s submission may, within 10 days after receiving the copy, file with the court a written submission, no more than 10 pages in length, responding to the plaintiff’s or applicant’s submission.

5.  A party who files a responding submission shall give a copy of it to the plaintiff or applicant and to any other party who requests a copy.

(9) A document required to be given to a party under subrule (8),

(a)  shall be given to the party’s lawyer in a manner listed in rule 16.05; or

(b)  if the party is acting in person, shall be mailed to the party in the manner described in subclause 16.01 (4) (b) (i).

(10) Rule 16 applies with necessary modifications to the determination of when a document given or mailed to a person under subrule (9) is considered to have been received.

Copy of Order

(11) After the court makes an order under subrule (1) or an order declining to stay or dismiss the proceeding, the registrar shall promptly provide a copy of the order to each of the parties in a manner listed in subrule 59.04 (4).

Stay or Dismissal of Motions

Court May Stay, Dismiss

2.1.02 (1) The court may make an order staying or dismissing a motion that appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court.

Procedures, etc.

(2) Subrules 2.1.01 (2) to (11), other than subrule (7), apply for the purposes of subrule (1), with the following and any other necessary modifications:

1.  A reference to a proceeding shall be read as a reference to the motion.

2.  A reference to the plaintiff or applicant shall be read as a reference to the moving party.

Restriction on Further Motions

(3) In making an order under subrule (1), the court may also make an order under rule 37.16 prohibiting the moving party from making further motions in the proceeding without leave.

RULE 2.2 VEXATIOUS LITIGANT ORDERS

Interpretation

2.2.01 In this Rule,

“notified person” means a person, other than the potential subject of a vexatious litigant order, who receives a notice under rule 2.2.03 or 2.2.04; (“personne avisée”)

“participant” means, as the case may be,

(a)  the person who is the potential subject of a vexatious litigant order,

(b)  a notified person who serves and files a reply in accordance with subrule 2.2.05 (2), or

(c)  the moving party or applicant under rule 2.2.03, if any; (“participant”)

“vexatious litigant order” means an order under subsection 140 (1) of the Courts of Justice Act. (“ordonnance de déclaration de plaideur quérulent”)

Vexatious Litigant Order

2.2.02 A vexatious litigant order may be made,

(a)  on a person’s motion or application, commenced in accordance with rule 2.2.03; or

(b)  on a judge’s initiative, initiated in accordance with rule 2.2.04.

Order Sought by Person

By Motion or Application

2.2.03 (1) A vexatious litigant order against a person may be sought,

(a)  by motion in accordance with subrule (2), if the person is a party to an ongoing proceeding and the order is sought by another party in the proceeding; or

(b)  in any other case, by application made in the Superior Court of Justice in accordance with subrule (3).

If by Motion

(2) For the purposes of clause (1) (a), the moving party shall serve on the persons listed in subrule (5) and file with proof of service a notice of motion for a vexatious litigant order (Form 2.2A).

If by Application

(3) For the purposes of clause (1) (b), following issuance of a notice of application for a vexatious litigant order (Form 2.2B) as provided by rule 14.07, the applicant shall serve the notice on the persons listed in subrule (5) and file it with proof of service.

Notice Requirements

(4) A notice in Form 2.2A or 2.2B shall set out,

(a)  the grounds on which the vexatious litigant order is sought; and

(b)  the following information, to the extent that it can be determined by the moving party or applicant using their best efforts:

(i)  The file number, location and title of any ongoing proceeding in any court in Ontario to which the person against whom the vexatious litigant order is sought is a party, and the address for service of every other party to any such proceeding.

(ii)  The file number, location and title of any proceeding that was finally disposed of in any court in Ontario to which the person against whom the vexatious litigant order is sought was a party.

(iii)  The citation of every reported decision made in the course of a proceeding referred to in subclause (i) or (ii).

Service

(5) A notice in Form 2.2A or 2.2B shall be served on,

(a)  the person against whom the order is sought; and

(b)  every party to a proceeding set out in the notice under subclause (4) (b) (i).

(6) Rule 16.04 applies with respect to service under this rule, except that a judge may not make an order dispensing with service on the person against whom the vexatious litigant order is sought.

Non-Application of Certain Rules

(7) Unless this Rule or a court order provides otherwise, Rules 37, 38 and 39 do not apply with respect to a motion or application under this rule.

On Judge’s Own Initiative

Registrar’s Notice

2.2.04 (1) If it appears to a judge of a court that a vexatious litigant order against a party to an ongoing proceeding in that court may be warranted, the judge may give written direction to the registrar to prepare a registrar’s notice proposing consideration of a vexatious litigant order (Form 2.2C).

(2) The written direction shall,

(a)  specify the information the registrar is required to include in the notice, which shall either be the information listed in subrule 2.2.03 (4), with necessary modifications, or such other information as the judge may specify in the direction; and

(b)  be attached to the notice.

No Review

(3) The written direction may not be set aside or varied.

Registrar to Send, File Notice

(4) The registrar shall,

(a)  subject to subrule (5), send the notice by mail or e-mail to the persons referred to in subrule 2.2.03 (5), with necessary modifications; and

(b)  file a copy of the notice, and a list of the persons to whom it was sent, in the court file.

(5) The judge may give directions to the registrar respecting how to send the notice and to whom, but shall not direct the registrar to dispense with sending the notice to the person who is the potential subject of a vexatious litigant order.

(6) Rule 16 applies with necessary modifications to the determination of whether and when the notice is considered to have been received, unless any directions given under subrule (5) require otherwise.

Response and Reply

Response

2.2.05 (1) The person who is the potential subject of a vexatious litigant order may, within 20 days after receiving a notice in Form 2.2A, 2.2B or 2.2C,

(a)  serve a response in Form 2.2D on every notified person and, if applicable, the moving party or applicant; and

(b)  file the response with proof of service.

Reply

(2) A moving party, applicant or notified person may serve and file with proof of service a reply in Form 2.2E, within,

(a)  20 days after receiving a response; or

(b)  if no response is served, 30 days after serving or receiving the notice, as the case may be.

(3) A reply shall be served on the person who is the potential subject of a vexatious litigant order, on every notified person and, if applicable, on the moving party or applicant.

Effect of Not Replying

(4) A notified person who does not file a reply is not entitled to be heard at any hearing of the matter under rule 2.2.07 without leave of a judge.

(5) Subrule (4) does not affect any entitlement under rule 2.2.06 or 2.2.07 of a person to receive or obtain a copy of an order, decision or reasons.

Initial Review and Order

2.2.06 (1) After the time for filing a response and any replies has passed, a judge shall conduct an initial review of the notice and submissions, following which the judge shall make an order in Form 2.2F,

(a)  directing that a hearing of the matter be held under rule 2.2.07; or

(b)  dismissing the matter, with reasons.

(2) Without limiting the generality of rule 1.05, the judge may, in making an order under subrule (1),

(a)  direct that a participant serve and file a motion record in accordance with Rule 37 or application record in accordance with Rule 38, with such modifications as the judge may specify;

(b)  direct a participant to file supplementary arguments or further evidence;

(c)  direct the person who is the potential subject of a vexatious litigant order to confirm every ongoing proceeding to which they are a party, and the name and address for service of every other party to any such proceeding;

(d)  direct a participant to conduct a search to confirm every ongoing proceeding to which the person who is the potential subject of a vexatious litigant order is a party, and the name and address for service of every other party to any such proceeding;

(e)  direct a participant to prepare a draft order in Form 2.2G;

(f)  if notice was given in respect of an ongoing proceeding (Form 2.2A or 2.2C) and the judge is directing a hearing under rule 2.2.07, order a stay of the ongoing proceeding pending the determination of the matter; or

(g)  establish a timetable.

Issuance of Order

(3) The registrar shall issue the order, as signed by the judge, and subrules 59.04 (1) and (2) apply with necessary modifications with respect to the issuance.

Copy of Order

(4) A copy of the order shall promptly be provided, by a method listed in subrule 59.04 (4), to each of the participants and any other person a judge may order.

No Review

(5) An order under subrule (1) directing a hearing of the matter or dismissing it may not be set aside or varied.

Hearing and Disposition

Powers of Judge

2.2.07 (1) The judge presiding at the hearing to determine whether to make a vexatious litigant order may make such orders and give such directions as the judge considers appropriate in the interest of justice.

Determination Following Hearing

(2) Following the hearing, the judge shall,

(a)  make a vexatious litigant order in Form 2.2G, with reasons; or

(b)  decline to make a vexatious litigant order, with reasons.

(3) For greater certainty, rule 1.05 applies with respect to an order made under subrule (2).

If Vexatious Litigant Order is Made

(4) If making a vexatious litigant order, the judge shall specify the details of any limitations in the order’s application.

(5) A vexatious litigant order shall include reference to the right of appeal or review under subsection 140 (2.3) of the Courts of Justice Act.

Issuance of Order

(6) The registrar shall issue the vexatious litigant order, as signed by the judge, and subrules 59.04 (1) and (2) apply with necessary modifications with respect to the issuance.

Copy of Order

(7) The issued vexatious litigant order and reasons shall promptly be provided, by a method listed in subrule 59.04 (4), to each of the participants, any other notified person and any other person a judge may order.

(8) The registrar shall provide a copy of every issued vexatious litigant order and reasons to the Court Services Division of the Ministry of the Attorney General for the purposes of inclusion in the index of vexatious litigant orders administered by the Division.

If Vexatious Litigant Order is Not Made

(9) If the judge makes an order under clause (2) (b) declining to make a vexatious litigant order, any participant may require the registrar to issue and enter an order reflecting the judge’s decision by filing a requisition (Form 4E) and draft order (Form 59A or 59B).

Leave Despite Order

2.2.08 A person who is the subject of a vexatious litigant order may, in the manner provided for under subrule 38.01 (3), seek leave under subsection 140 (3) of the Courts of Justice Act to institute or continue a proceeding.

Proceeding Instituted, Continued without Leave

Court Shall Order Stay, Dismissal

2.2.09 (1) If a proceeding is instituted or continued without leave by a plaintiff, applicant or appellant who is the subject of a vexatious litigant order, and the court determines that the proceeding is subject to the vexatious litigant order, the court shall make an order staying or dismissing the proceeding.

Request for Order

(2) A party to the proceeding may file a request with the court for an order under subrule (1).

Notice Not Required

(3) The order may be made without notice.

Copy of Order

(4) Once the order has been made, a copy of it shall promptly be provided to every party to the proceeding by a method listed in subrule 59.04 (4).

Refusal by Registrar

(5) Nothing in this rule prevents a registrar from refusing to issue an originating process or accept a document for filing in a proceeding if the registrar has determined that,

(a)  the plaintiff, applicant or appellant is the subject of a vexatious litigant order;

(b)  the proceeding is subject to the vexatious litigant order; and

(c)  the plaintiff, applicant or appellant has not obtained leave to institute or continue the proceeding.

2. Subsection 14.01.1 (1) of the Regulation is amended by adding “except where a statute or these rules provide otherwise” at the end.

3. (1) Clause 14.05 (1) (a) of the Regulation is amended by striking out “Form 14E” and substituting “Form 2.2B, 14E”.

(2) Subrule 14.05 (1.1) of the Regulation is amended by striking out “Form 14E” and substituting “Form 2.2B, 14E”.

4. Rule 37.01 of the Regulation is amended by adding “or these rules provide otherwise” at the end.

5. (1) Subrule 38.01 (1) of the Regulation is amended by striking out “subject to subrules (2) and (3)” at the end and substituting “except as otherwise provided by this rule”.

(2) Rule 38.01 of the Regulation is amended by adding the following subrule:

(4) Rules 38.02 to 38.12 do not apply to an application made under rule 2.2.03, unless Rule 2.2 or a court order provides otherwise.

6. Subrule 38.13 (10) of the Regulation is amended by striking out “an order made under subsection 140 (1) of that Act” and substituting “a vexatious litigant order as defined in Rule 2.2”.

7. Subrule 77.02 (2) of the Regulation is amended by adding the following clause:

(a.1)  applications under Rule 2.2 (Vexatious Litigant Orders);

8. (1) The row for Form 2.1A in the Table of Forms to the Regulation is revoked and the following substituted:

 

2.1A	Request for Stay or Dismissal Under Rule 2.1	June 1, 2024
2.1B	Notice that Proceeding (or Motion) May be Stayed or Dismissed Under Rule 2.1	June 1, 2024

 

(2) The Table of Forms to the Regulation is amended by adding the following rows:

 

2.2A	Notice of Motion for Vexatious Litigant Order	June 1, 2024
2.2B	Notice of Application for Vexatious Litigant Order	June 1, 2024
2.2C	Registrar’s Notice Proposing Consideration of Vexatious Litigant Order	June 1, 2024
2.2D	Response from Potential Subject of Vexatious Litigant Order	June 1, 2024
2.2E	Reply Respecting Potential Vexatious Litigant Order	June 1, 2024
2.2F	Order Following Initial Review Under Rule 2.2	June 1, 2024
2.2G	Vexatious Litigant Order	June 1, 2024

 

Commencement

9. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Section 2 comes into force on the latest of the following days:

1.  The day section 1 of Schedule 3 to the Strengthening Safety and Modernizing Justice Act, 2023 comes into force.

2.  The day subsection 7 (1) of Schedule 6 to the Enhancing Access to Justice Act, 2024 comes into force.

3.  The day this Regulation is filed.

(3) Sections 1 and 3 to 8 come into force on the later of the day subsection 7 (1) of Schedule 6 to the Enhancing Access to Justice Act, 2024 comes into force and the day this Regulation is filed.

Made by:
Pris par :

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

Shannon Chace

Executive Legal Officer / Avocate Directrice
Secretary of the Civil Rules Committee / Secrétaire du Comité des règles en matière civile
Court of Appeal for Ontario

Date made: July 9, 2024
Pris le : 9 juillet 2024

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

Le procureur général,

Doug Downey

Attorney General

Date approved: August 1, 2024
Approuvé le : 1^er août 2024

 

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