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ONTARIO REGULATION 24/00

made under the

Courts of Justice Act

Made: November 9, 1999
Approved: February 2, 2000
Filed: February 3, 2000

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

(Rules of Civil Procedure)

Note: Since the end of 1998, Regulation 194 has been amended by �������� Regulations 288/99, 290/99, 292/99, 484/99, 488/99 and 583/99.�� Previous amendments are listed in the Table of Regulations in the Statutes of ��������, 1998.

1. Paragraph 8 of subrule 1.08 (1) of Regulation 194 of the Revised Regulations of ��������, 1990 is revoked and the following substituted:

8. A pre–trial conference, a case conference, a settlement conference or a trial management conference.

2. Rule 4.07 of the Regulation is amended by adding the following subrule:

Compendium of Evidence and Exhibits

(5.1) A compendium of evidence and exhibits shall be bound front and back in a yellow cover.

3. Subrule 16.03 (4) of the Regulation is revoked and the following substituted:

Service by Mail to Last Known Address

��(4) Service of a document may be made by sending a copy of the document together with an acknowledgment of receipt card (Form 16A) by mail to the last known address of the person to be served, but service by mail under this subrule is only effective as of the date the sender receives the card.

4. (1) Subrule 16.05 (1) of the Regulation is amended by striking out “or” at the end of clause (d), by adding “or” at the end of clause (e) and by adding the following clause:

(f) by e–mailing a copy to the solicitor’s office in accordance with subrule (4), but service under this rule is effective only if the solicitor of record provides by e–mail an acceptance of service and the date of the acceptance, and where the e–mail acceptance is received between 5 p. m. and midnight, service shall be deemed to have been made on the following day.��

(2) Rule 16.05 of the Regulation is amended by adding the following subrule:

E–mail, Required Information

(4) The e–mail message to which a document served under clause (1) (f) is attached shall include,

(a) the sender’s name, address, telephone number, fax number 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 transmission problems.

5. Rule 16.09 of the Regulation is amended by adding the following subrule:

(6) Service of a document under clause 16.05 (1) (f) (e–mail) may be proved by a certificate of service of the person who served the document stating that he or she,

(a) served the document by e–mailing a copy in accordance with subrule (4) and received by e–mail an acceptance of service, with the date and time of the acceptance;

(b) has sworn an affidavit of service containing the particulars set out in the certificate of service;

(c) has kept the affidavit of service; and

(d) will, on the request of the court or a party, produce the affidavit of service.

6. Subrule 18.03 (2) of the Regulation is revoked and the following substituted:

(2) Subrule (1) does not apply to the actions referred to in clause 77.01 (2) (a) or (b) (family law) or when a statement of defence is filed electronically.

7. Clause 37.11 (1) (c) of the Regulation is amended by striking out “under rule 37.12” at the end.

8. Subrule 61.09 (2) of the Regulation is revoked and the following substituted:

Record and Exhibits Only If Required

(2) If the appellant or the respondent believes that a part of the record or the original exhibits from the court or tribunal from which the appeal is taken is required for the proper hearing of the appeal, the appellant or respondent may move for an order that they be sent to the Registrar.

9. Clause 61.11 (1) (e) of the Regulation is revoked and the following substituted:

(e) a certificate stating,

(i) that an order under subrule 61.09 (2) (original record and exhibits) has been obtained or is not required, and

(ii) how much time (expressed in hours or fractions of an hour) counsel estimates will be required for his or her oral argument, not including reply;

10. Clause 61.12 (3) (e) of the Regulation is revoked and the following substituted:

(e) a certificate stating,

(i) that an order under subrule 61.09 (2) (original record and exhibits) has been obtained or is not required, and

��(ii) how much time (expressed in hours or fractions of an hour) counsel estimates will be required for his or her oral argument, not including reply;

11. Subrule 74.03 (1) of the Regulation is amended by striking out “has a financial interest” in the second line and substituting “appears to have a financial interest”.

12. Subrule 74.04 (3) of the Regulation is revoked.

13. Clause 74.11 (1) (a) of the Regulation is amended by striking out “an insurance or guarantee company licensed to carry on business” in the second and third lines and substituting “an insurer licensed under the Insurance Act to write surety and fidelity insurance”.

14. Rule 74.13 of the Regulation is revoked and the following substituted:

DEPOSIT EQUAL TO TAX

Deposit Payable at Time of Application

74.13 (1) The deposit equal to tax referred to in the Estate Administration Tax Act, 1998 shall be paid at the time an application for a certificate of appointment of an estate trustee is made.

Exception

(2) The court may issue the certificate of appointment where the applicant,

(a) files with the court an affidavit as to the estimated value of the estate at the time of the application and pays the deposit equal to tax calculated on the estimated value; and

(b) provides an undertaking to the court that the applicant will, within six months after giving the undertaking, file a sworn statement of the total value of the estate and pay the additional tax payable if the actual value is higher than the estimated value.

(3) The court may issue the certificate of appointment without the payment of a deposit equal to tax if the applicant has obtained an order under subsection 4 (1) of the Estate Administration Tax Act, 1998.

(4) Where an undertaking given under subrule (2) is not fulfilled or the terms of an order under subsection 4 (1) of the Estate Administration Tax Act, 1998 are not complied with, the court may, on the request of the registrar, make an order for compliance.

15. Rule 75.01 of the Regulation is amended by striking out “having” in the first line and substituting “appearing to have”.

16. Subrule 75.03 (1) of the Regulation is amended by striking out “has a financial interest” in the second line and substituting “appears to have a financial interest”.

17. Rule 75.04 of the Regulation is amended by striking out “having” in the first line and substituting “appearing to have”.

18. (1) Subrule 75.06 (1) of the Regulation is amended by striking out “has” in the first line and substituting “appears to have”.

(2) Subrule 75.06 (2) of the Regulation is amended by striking out “having” in the second line and substituting “appearing to have”.

19. Rule 76.11 of the Regulation is revoked and the following substituted:

REVOCATION

76.11 This Rule is revoked on December 31, 2000.

20. Subrule 77.09 (4.1) of the Regulation is revoked and the following substituted:

(4.1) Subrules (1) and (4) do not apply where a defence is filed electronically.

21. Forms 74.1 and 74.2 of the Regulation are amended by striking out,

“T�����մ��հ���: (surname) (forename(s))” wherever it appears and substituting in each case the following:  Details about the Testator
Complete in full as applicable	And if the testator is known by any other name, state below the full names used	��
First given name	Given name or names	��
Second given name	��	��
Third given name	Surname	��
Surname	��	��

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22. Form 74.3 of the Regulation is amended by striking out,

“IN THE ESTATE OF (insert name), deceased.” and substituting the following:  In the Estate of the deceased person described below:  Details about the Deceased Person
Complete in full as applicable	And if the deceased was known by any other name, state below the full names used	��
First given name	Given name or names	��
Second given name	��	��
Third given name	Surname	��
Surname	��	��

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23. Form 74.4 of the Regulation is amended by,

(a) striking out the box entitled “Name” and substituting the following:

Complete in full as applicable	And if the deceased was known by any other name, state below the full names used
First given name	Given name or names
Second given name	��
Third given name	Surname
Surname	��
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(b) adding immediately before “AFFIDAVIT(S) OF APPLICANT(S)” the following:

If the spouse of the deceased is an applicant, has the spouse elected to receive the entitlement under section 5 of the Family Law Act? j No j Yes

If yes, explain why the spouse is entitled to apply

24. Form 74.5 of the Regulation is amended by,

(a) striking out the box entitled “Name” and substituting the following :

Complete in full as applicable	And if the deceased was known by any other name, state below the full names used
First given name	Given name or names
Second given name	��
Third given name	Surname
Surname	��

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(b) adding the following immediately after the boxes below the heading “VALUE OF ASSETS OF ESTATE”:

Is there any person interested in the estate who is not an applicant? j No j Yes

(c) adding the following immediately before “AFFIDAVIT(S) OF APPLICANT(S)”:

If the spouse of the deceased is an applicant, has the spouse elected to receive the entitlement under section 5 of the Family Law Act? j No j Yes

If yes, explain why the spouse is entitled to apply

25. Paragraph 2 of Form 74.6 of the Regulation is amended,

(a) by striking out “paragraph 4 or 7” in the fifth line and substituting “paragraph 6”;

(b) by striking out “paragraph 5” in the sixth line and substituting “paragraph 4”;

(c) by striking out “paragraph 6” in the seventh line and substituting “paragraph 5”; and

(d) by striking out “paragraph 8” in the eighth line and substituting “paragraph 7”.

26. Form 74.7 of the Regulation is revoked and the following substituted:

Form 74.7

Courts of Justice Act

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27. Forms 74.14, 74.15, 74.20.1, 74.21, 74.24 and 74.27 of the Regulation are amended by striking out the box entitled “Name” wherever it appears and substituting in each case the following:

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Complete in full as applicable	And if the deceased was known by any other name, state below the full names used
First given name	Given name or names
Second given name	��
Third given name	Surname
Surname	��

28. Forms 74.31, 74.34 and 74.35 of the Regulation are amended by striking out “�������� Court (General Division)” wherever those words appear and substituting in each case “Superior Court of Justice”.

29. Form 74.32 of the Regulation is amended by striking out “a corporation authorized to act as a surety in the Province of ��������” in the third paragraph and substituting “an insurer licensed under the Insurance Act�� to write surety and fidelity insurance in ��������”.

30. Form 75.1 of the Regulation is amended by striking out,

“IN THE ESTATE OF (insert name), deceased” and substituting the following: In the Estate of the deceased person described below:  Details about the Deceased Person
Complete in full as applicable	And if the deceased was known by any other name, state below the full names used	��
First given name	Given name or names	��
Second given name	��	��
Third given name	Surname	��
Surname	��	��

31. Form 75.10 of the Regulation is amended by striking out “subrule 75.07 (3)” in the portion immediately before clause (a) and substituting “rule 75.07.1”.

32. Item 23.1 of Part II of Tariff A to the Regulation is revoked and the following substituted:

23.1�� Fees actually paid to a mediator in accordance with �������� Regulation 451/98 or �������� Regulation 291/99 made under the Administration of Justice Act.

33. This Regulation comes into force on March 1, 2000.

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