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ontario regulation 38/16

made under the

Courts of Justice Act

Made: January 26, 2016
Approved: January 26, 2016
Filed: February 22, 2016
Published on e-Laws: February 22, 2016
Printed in The �������� Gazette: March 12, 2016

Amending O. Reg. 258/98

(RULES OF THE SMALL CLAIMS COURT)

1. Rule 1.05.1 of �������� Regulation 258/98 is amended by adding the following subrule:

Inconsistencies

(9) In the event of an inconsistency between a document filed electronically by a person using the authorized software and information provided by the person using the authorized software other than the electronically filed document,

(a) the electronically filed document prevails; and

(b) the clerk may request written clarification from the person respecting the inconsistency.

2. (1) Paragraph 1 of subrule 7.02 (1) of the Regulation is revoked.

(2) Subrule 7.02 (3) of the Regulation is amended by striking out “service of documents” and substituting “service or receipt of documents”.

(3) Subrule 7.02 (5) of the Regulation is amended by striking out “shall be filed with the clerk” in the portion before paragraph 1 and substituting “shall be filed with the clerk by the plaintiff in paper format”.

(4) Paragraphs 3 and 4 of subrule 7.02 (5) of the Regulation are revoked and the following substituted:

3. If a motion is filed in the proceeding, the documents shall be filed in accordance with the following:

i. In the case of a motion in writing for an assessment of damages filed in paper format under clause 11.03 (2) (a), the documents shall be filed together with the motion.

ii. In the case of a motion in writing for an assessment of damages filed electronically under clause 11.03 (2.1) (a), the documents shall be filed within 14 days after the day the motion is filed.

iii. In any other case, the documents shall be filed at least three days before the hearing date.

4. If the plaintiff files a request to clerk under clause 11.03 (2) (b) or (2.1) (b) for an assessment hearing, the documents shall be filed at least three days before the hearing date.

5. If a garnishment hearing is requested under subrule 20.08 (15), the documents shall be filed,

i. at the time the hearing is requested, if the plaintiff is making the request, or

ii. in any other case, at least three days before the hearing date.

6. If the plaintiff requests an examination under subrule 20.10 (1), the documents shall be filed when making the request.

3. (1) Subrules 8.01 (4) and (4.1) of the Regulation are revoked and the following substituted:

Default Judgment

(4) A default judgment (Form 11B) shall be served by the clerk in accordance with the following:

1. The clerk shall serve the default judgment by mail or by fax on all parties named in the claim, subject to paragraph 2.

2. If a plaintiff’s claim was issued electronically under rule 7.04, the clerk may instead serve the default judgment on the plaintiff by email to the email address provided by the plaintiff for the purpose.

(2) Subrule 8.01 (5) of the Regulation is revoked and the following substituted:

Assessment Order

(5) An order made on a motion in writing for an assessment of damages under subrule 11.03 (2) shall be served by the clerk in accordance with the following:

1. The clerk shall serve the order on the plaintiff by mail if the plaintiff provides a stamped, self-addressed envelope with the notice of motion and support affidavit, subject to paragraph 2.

2. If the plaintiff’s claim was issued electronically under rule 7.04, the clerk may instead serve the order on the plaintiff by email to the email address provided by the plaintiff for the purpose.

4. Subrule 11.02 (3) of the Regulation is amended by striking out “and, if applicable, subrule 8.01 (4.1)” at the end.

5. Rule 11.03 of the Regulation is amended by adding the following subrules:

Electronic Filing

(2.1) If the plaintiff wishes to obtain judgment and the plaintiff’s claim was issued electronically under rule 7.04,

(a) the plaintiff may file the documents referred to in clause (2) (a) electronically, subject to subrule (2.2); or

(b) if the plaintiff wishes to request an assessment hearing, the plaintiff may file a request with the clerk electronically, and the use of Form 9B is not required for the purpose.

Requirement to File in Paper Format

(2.2) Despite clause (2.1) (a), the documents referred to in clause (2) (a) shall be filed with the clerk by the plaintiff in paper format within 14 days after the day the documents are filed electronically. ��

6. Clause 11.1.01 (1) (b) of the Regulation is amended by adding “or (2.1)” after “subrule 11.03 (2)”.

7. Rule 12.01 of the Regulation is amended by adding the following subrules:

Electronic Filing

(1.1) In the case of a plaintiff’s claim that was issued electronically under rule 7.04, the plaintiff may file the amended claim electronically if the claim being amended has not yet been served.

Requirement to File in Paper Format

(1.2) Subrule 7.02 (5) applies, with necessary modifications, to an amended plaintiff’s claim that is filed electronically under subrule (1.1).

8. Clause 15.02 (1) (c) of the Regulation is amended by adding “or (2.1) (a)” at the end.

9. The rows for Forms 8A and 15A in the Table of Forms to the Regulation are amended by striking out the date in the column titled “Date of Form” and substituting “November 1, 2015”.

Commencement

10. This Regulation comes into force on the later of March 31, 2016 and the day it is filed.

Made by:
Pris par��:

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

Alison Warner

Senior Legal Officer, Court of Appeal for �������� and Secretary, Civil Rules Committee/
Avocat Principal, Cour d’Appel de l’��������

Date made: January 26, 2016.
Pris le��: 26 janvier 2016.

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

La procureure générale,

Madeleine Meilleur

Attorney General

Date approved: January 26, 2016.
Approuvé le��: 26 janvier 2016.

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