ontario regulation 3/25

made under the

Courts of Justice Act

Made: January 7, 2025
Approved: January 7, 2025
Filed: January 13, 2025
Published on e-Laws: January 13, 2025
Published in The Ontario Gazette: February 1, 2025

Amending O. Reg. 258/98

(RULES OF THE SMALL CLAIMS COURT)

1. Rule 1.03 of Ontario Regulation 258/98 is revoked and the following substituted:

Primary Objective

1.03 (1) The primary objective of these rules is to enable the court to secure the just, most expeditious and least expensive determination of every proceeding on its merits in accordance with section 25 of the Courts of Justice Act.

Duty to Promote Primary Objective

(2) The court is required to apply these rules liberally to promote the primary objective, and parties and their representatives are required to help the court to promote the primary objective.

Examples

(3) Promoting the primary objective may include,

(a)  ensuring that the procedure is fair to all parties;

(b)  saving expense and time;

(c)  dealing with a proceeding in ways that are appropriate to its complexity; and

(d)  giving appropriate court resources to a proceeding while taking account of the need to give resources to other proceedings.

Matters Not Covered in Rules

1.03.1 If these rules do not cover a matter adequately, the court may give directions and make any order that is just, and the practice shall be decided by analogy to these rules, by reference to the Courts of Justice Act and the Act governing the proceeding and, if the court considers it appropriate, by reference to the Rules of Civil Procedure.

2. Rule 1.07 of the Regulation is revoked and the following substituted:

Hearing Methods

1.07 (1) A step in a proceeding that permits or requires the attendance of the parties shall be conducted by one of the following methods:

1.  In person.

2.  By video conference.

3.  By telephone conference, but only in the case of a terms of payment hearing, settlement conference, motion or trial management conference.

Exception, written hearings

(2) For greater certainty, subrule (1) does not apply with respect to a step that, under these rules, is to be conducted in writing.

Direction

(3) The court may direct that a step be conducted by one of the hearing methods permitted for the step under subrule (1), and shall give notice of the direction to the parties.

Request to Change

(4) A party may request a change in the method by which the party, the party’s representative, or a witness for the party, is to attend a step, by serving on every other party and filing, with proof of service, a request in Form 1B setting out the party’s reasons at least 30 days before the hearing date.

Objection

(5) A party may object to a request under subrule (4) by serving on every other party and filing, with proof of service, an objection in Form 1C no later than seven days after being served with the request.

Order

(6) The court may make an order,

(a)  granting or rejecting the request; or

(b)  directing that the step be conducted by a different method permitted for the step under subrule (1).

Considerations

(7) In making an order under subrule (6), the court shall consider,

(a)  the availability of telephone conference or video conference facilities;

(b)  the effect of a hearing method on the court’s ability to make findings;

(c)  whether a party, representative or witness is unable to attend by a method of attendance because of infirmity, illness or any other reason; and

(d)  any objections filed under subrule (5).

Service of Order

(8) The clerk shall serve an order made under subrule (6) on each of the parties.

Application

(9) This rule applies, with necessary modifications, with respect to any part of a step in a proceeding that permits or requires the attendance of the parties.

3. Subrule 6.01 (3) of the Regulation is amended by striking out “trial or settlement conference” and substituting “trial, settlement conference or trial management conference”.

4. Subrule 8.01 (6) of the Regulation is revoked and the following substituted:

Conference Orders

(6) An order made at a settlement conference or trial management conference shall be served by the clerk on all parties by mail or by email.

5. Rule 8.10 of the Regulation is amended by striking out “in support of a request for an adjournment” in the portion before clause (a) and substituting “in support of a motion or request for an adjournment”.

6. (1) Subrule 12.01 (1) of the Regulation is revoked and the following substituted:

Right to Amend

(1) A plaintiff’s or defendant’s claim and a defence to a plaintiff’s or defendant’s claim may be amended by filing with the clerk an amended claim or defence that meets the following requirements:

1.  It shall be marked “Amended”.

2.  Any additions shall be underlined, and any other changes identified.

3.  A copy of any document on which the amended claim or defence is based shall be attached to it, or, if the document is not available, the amended claim or defence shall state the reason why the document is not attached.

Same

(1.1) Paragraph 3 of subrule (1) applies even if a copy of the document was attached to a previously filed version of the claim or defence.

(2) Subrules 12.01 (2), (3) and (5) of the Regulation are amended by striking out “amended document” wherever it appears and substituting in each case “amended claim or defence”.

7. Subrule 13.02 (1) of the Regulation is revoked and the following substituted:

Participation

(1) A party and the party’s representative, if any, shall participate in the settlement conference, unless the court orders otherwise.

8. Subrule 13.03 (3) of the Regulation is amended by striking out “the parties or their representatives” and substituting “the parties and their representatives”.

9. Subrule 13.05 (5) of the Regulation is amended by striking out “on the parties that were not present at the settlement conference” and substituting “on all the parties”.

10. Rule 13.10 of the Regulation is amended by striking out “exclusive of disbursements” and substituting “other than disbursements”.

11. (1) Subrule 14.07 (1) of the Regulation is amended by striking out “twice the costs of the action, if” in the portion before paragraph 1 and substituting “twice the costs of the action, other than disbursements, if”.

(2) Subrule 14.07 (2) of the Regulation is amended by striking out “awardable to a successful party, from” in the portion before paragraph 1 and substituting “awardable to a successful party, other than disbursements, from”.

(3) Subrule 14.07 (3) of the Regulation is revoked and the following substituted:

(3) If an amount is awarded under subrule (1) or (2) to a self-represented party, the court may, despite rule 19.05, also award the party an amount not exceeding $1,500 as compensation for inconvenience and expense.

12. Rule 15.02 of the Regulation is revoked and the following substituted:

Motion Hearings

15.02 A motion may be conducted,

(a)  with the attendance of parties by a method determined under rule 1.07; or

(b)  in writing,

(i)  if these rules provide for the motion to be in writing, or

(ii)  if the judge determines that it is fair and reasonable for the motion to be in writing.

13. Rule 15.07 of the Regulation is amended by striking out “exclusive of disbursements” and substituting “other than disbursements”.

14. (1) The heading to rule 16 of the Regulation is revoked and the following substituted:

RULE 16  TRIAL SCHEDULING

(2) Clause 16.01 (1) (b) of the Regulation is amended by striking out “a party has requested that the clerk fix a date for trial” at the beginning and substituting “a party has filed a request to the clerk (Form 9B) to fix a date for trial”.

(3) Subrule 16.01 (2) of the Regulation is revoked and the following substituted:

Manner of Service

(2) The clerk shall serve the notice of trial by mail or email.

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

RULE 16.1  TRIAL MANAGEMENT CONFERENCE

Court May Require

16.1.01 (1) At any time after the filing of a request to fix a date for trial, the court may, on its own initiative, direct that a trial management conference be held before a judge.

Participation

(2) A party and the party’s representative, if any, shall participate in the trial management conference, unless the court directs otherwise.

Duties of Clerk

(3) The clerk shall fix a time and date for the trial management conference and serve notice of the trial management conference on the parties.

Failure to Attend

(4) If a party who has received notice of the trial management conference fails to attend the conference, the court may impose appropriate sanctions, by way of costs or otherwise.

Inadequate Preparation

(5) The court may award costs against a person who attends a trial management conference if, in the opinion of the court, the person is so inadequately prepared as to frustrate the purposes of the conference.

Purposes of Trial Management Conference

16.1.02 (1) The purposes of a trial management conference are,

(a)  to assess the parties’ readiness for trial;

(b)  to assist the parties in effective preparation for trial;

(c)  to provide full disclosure between the parties of the relevant facts and evidence;

(d)  to resolve or narrow the issues in the action;

(e)  to expedite the disposition of the action;

(f)  to encourage settlement of the action; and

(g)  to set the trial date, if necessary.

Disclosure

(2) At the trial management conference, the parties and their representatives shall openly and frankly discuss the issues involved in the action.

Further Disclosure Restricted

(3) Except as otherwise provided or with the consent of the parties (Form 13B), the matters discussed at the trial management conference shall not be disclosed to others until after the action has been disposed of.

(4) Subrule (3) does not prevent the review, by a regional senior judge or a person designated by a regional senior judge, of an audio recording by the court of a trial management conference, for the purpose of reviewing a complaint made under section 33.1 of the Courts of Justice Act.

Recommendations to Parties

16.1.03 The court may make recommendations to the parties on any matter relating to the conduct of the action, in order to fulfil the purposes of a trial management conference, including recommendations as to,

(a)  the clarification and simplification of issues in the action;

(b)  the elimination of claims or defences that appear to be unsupported; and

(c)  the admission of facts or documents without further proof.

Orders at Trial Management Conference

16.1.04 (1) A judge conducting a trial management conference may make any order relating to the conduct of the action that the court could make, including an order,

(a)  respecting the scheduling of the trial;

(b)  directing the production of documents; and

(c)  awarding costs if a party fails to attend the conference, if required to do so.

Service of Order

(2) Within 10 days after the judge signs an order made at a trial management conference, the clerk shall serve the order on each of the parties in accordance with subrule 8.01 (6).

Memorandum

16.1.05 (1) At the end of the trial management conference, the judge shall complete a memorandum summarizing the scheduling and trial preparation matters addressed at the conference.

(2) The memorandum shall be filed with the clerk, who shall give a copy to the trial judge.

Judge Not to Preside at Trial

16.1.06 A judge who conducts a trial management conference in an action shall not preside at the trial of the action.

Costs

16.1.07 The costs of a trial management conference, other than disbursements, shall not exceed $100, unless the court orders otherwise because there are special circumstances.

16. Rule 17.02 of the Regulation is revoked and the following substituted:

Adjournment

17.02 (1) A trial may be adjourned only by order of the court.

Terms

(2) The court may adjourn a trial on such terms as are just, including the payment by one party to another of an amount as compensation for inconvenience and expense.

17. Subrule 18.03 (1) of the Regulation is amended by adding “or by the method” after “at the time and place”.

18. (1) Subrule 19.01 (1) of the Regulation is amended by striking out “costs of” and substituting “amounts paid for”.

(2) Subrule 19.01 (1.1) of the Regulation is amended by striking out “costs” and substituting “fees”.

(3) Subrule 19.01 (4) of the Regulation is amended by striking out “$100” at the end and substituting “$200”.

19. Rule 19.02 of the Regulation is revoked.

20. Rule 19.06 of the Regulation is revoked and the following substituted:

Penalty

19.06 If the court is satisfied that a party or a party’s representative has unduly complicated or prolonged an action or has otherwise acted unreasonably, the court may order the party or the party’s representative to pay an amount to another party as a penalty, as provided by section 29 of the Courts of Justice Act.

Limitation

19.07 Any power under this rule to award costs is subject to section 29 of the Courts of Justice Act, which limits the amount of costs that may be awarded.

21. The English version of subrule 20.05 (4) of the Regulation is amended by striking out “costs” and substituting “expenses”.

22. Subrule 20.08 (15) of the Regulation is amended by striking out “fix a time and place for” and substituting “schedule”.

23. Subrule 20.10 (5.1) of the Regulation is revoked.

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

1B

Request to Change Attendance Method

October 15, 2024

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

1C

Objection to Request to Change Attendance Method

October 15, 2024

(3) The rows for Forms 18A, 20H and 20Q in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Form” and substituting in each case “October 15, 2024”.

Commencement

25. This Regulation comes into force on the later of June 1, 2025 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: January 7, 2025
Pris le : 7 janvier 2025

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

Le procureur général,

Doug Downey

Attorney General

Date approved: January 7, 2025
Approuvé le : 7 janvier 2025