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ontario regulation 300/24

made under the

Courts of Justice Act

Made: July 3, 2024
Approved: July 18, 2024
Filed: July 23, 2024
Published on e-Laws: July 23, 2024
Published in The �������� Gazette: August 10, 2024

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

(RULES OF CIVIL PROCEDURE)

1. Subrule 1.03 (1) of Regulation 194 of the Revised Regulations of ��������, 1990 is amended by adding the following definition:

“factum” includes a book of authorities, if one is required by rule 4.06.1; (“mémoire”)

2. (1) Subrules 4.05.3 (2) and (3) of the Regulation are revoked and the following substituted:

Application

(2) Unless the court directs otherwise, this rule applies to all or part of any hearing, pre-trial conference or case conference held in the Superior Court of Justice or the Divisional Court.

Requirement to Use Case Center

(3) Every party participating in the hearing or conference shall provide the following documents to the court by uploading them to Case Center in accordance with this rule:

1. A copy of every document filed with the court by the party in respect of the hearing or conference.

2. Subject to subrule (5), a copy of any other document in the court file on which the party intends to rely at the hearing or conference that has not already been uploaded to Case Center by another party.

3. Unless the court directs otherwise and subject to subrule (3.1), a compendium that meets the requirements of subrule (7).

(3.1) A compendium is not required to be provided with respect to a conference or the hearing of an unopposed motion or motion on consent, unless the court directs otherwise.

(2) Subrule 4.05.3 (6) of the Regulation is amended by striking out “Subject to subrule (7), a document” at the beginning and substituting “A document”.

(3) Subparagraph 1 i of subrule 4.05.3 (6) of the Regulation is amended by striking out “A draft order” at the beginning and substituting “A copy of a draft order”.

(4) Subrule 4.05.3 (6) of the Regulation is amended by adding the following paragraphs:

3. A copy of a factum that is uploaded to Case Center must meet the requirements that are specified in subrule 4.06.1 (3) for an electronically filed factum, even if the factum was originally filed in paper format.

4. A copy of a book of authorities that is uploaded to Case Center must meet the requirements that are specified in subrule 4.06.1 (5) for an electronically filed book of authorities, even if the book of authorities was originally filed in paper format.

(5) Subrule 4.05.3 (7) of the Regulation is revoked and the following substituted:

Compendium Requirements

(7) For the purposes of paragraph 3 of subrule (3), the compendium must meet the following requirements:

1. The compendium must include a table of contents listing only those authorities, transcripts, previous orders and other documents on which the party intends to rely during the hearing or conference, as applicable, hyperlinked in accordance with paragraph 3.

2. The compendium must include the relevant excerpts of every document listed in the table of contents, with a separate section for each document.

3. Each document listed in the table of contents must be hyperlinked,

i. to the section of the compendium containing the excerpt or excerpts of the document, and

ii. if the document is published on a website referred to in subrule (7.1), to the published document or, if possible, the relevant provision or portion of the published document.

(7.1) Subparagraph 3 ii of subrule (7) applies with respect to the Canadian Legal Information Institute website (CanLII), e-Laws or another Government of �������� website, the federal Justice Laws website and any other similar website that is accessible without charge or subscription.

(6) Rule 4.05.3 of the Regulation is amended by striking out “submits”, “submitted” and “submitting” wherever they appear and substituting in each case “uploads”, “uploaded” and “uploading” respectively.

3. Rule 4 of the Regulation is amended by adding the following rule:

Factums

4.06.1 (1) A factum that is required to be filed by these rules shall consist of a concise argument stating the facts and law relied on by the party filing the factum.

Citations

(2) Each citation to an authority in a factum must include a reference to the relevant paragraph, provision or page number of the authority.

If Filed Electronically

(3) A factum that is filed electronically must meet the following requirements:

1. The factum must include bookmarks, as appropriate, for each section.

2. Each citation to an authority that is published on a website referred to in subrule 4.05.3 (7.1) must be hyperlinked to the published authority or, if possible, to the relevant provision or portion of the published authority.

When Book of Authorities is Also Required

(4) Except in a proceeding in the Court of Appeal, if a factum is filed electronically and contains one or more cited authorities that cannot be hyperlinked in accordance with subrule (3), or is filed in paper format, a book of authorities that meets the requirements of subrule (5) shall be served and filed together with the factum.

Contents

(5) Unless the court orders otherwise, a book of authorities shall contain the following information and documents:

1. A table of contents listing each authority cited in the factum.

2. If the book of authorities is being filed in electronic format,

i. for each cited authority that is published on a website referred to in subrule 4.05.3 (7.1), a hyperlink from the table of contents to that document, and

ii. for each cited authority that is not published on a website referred to in subrule 4.05.3 (7.1), a copy of that authority with a hyperlink to it from the table of contents.

3. If the book of authorities is being filed in paper format, a copy of each cited authority.

Other Requirements

(6) Any other requirements in these rules respecting factums or books of authorities apply in addition to the requirements of this rule, unless the rules provide otherwise.

4. (1) Subrule 4.07 (5) of the Regulation is revoked and the following substituted:

Factums and Books of Authorities

(5) Factums and books of authorities shall be bound front and back,

(a) in white covers, if filed by an applicant, moving party or appellant; or

(b) in green covers, if filed by a respondent or responding party.

(2) Subrule 4.07 (7) of the Regulation is amended by striking out “submitted” and substituting “uploaded”.

5. Subrule 20.03 (1) of the Regulation is amended by striking out “a factum consisting of a concise argument stating the facts and law relied on by the party” at the end and substituting “a factum that meets the requirements of rule 4.06.1”.

6. Subrule 21.03 (1) of the Regulation is amended by striking out “a factum consisting of a concise argument stating the facts and law relied on by the party” at the end and substituting “a factum that meets the requirements of rule 4.06.1”.

7. Subrule 22.02 (1) of the Regulation is amended by striking out “a factum consisting of a concise argument stating the facts and law relied on by the party” at the end and substituting “a factum that meets the requirements of rule 4.06.1”.

8. Subrule 37.10 (6) of the Regulation is amended by striking out “a factum consisting of a concise argument stating the facts and law relied on by the party” at the end and substituting “a factum that meets the requirements of rule 4.06.1”.

9. (1) Clause 38.09 (1) (a) of the Regulation is amended by striking out “a factum consisting of a concise argument stating the facts and law relied on by the applicant” and substituting “a factum that meets the requirements of rule 4.06.1”.

(2) Subrule 38.09 (3) of the Regulation is amended by striking out “a factum consisting of a concise argument stating the facts and law relied on by the respondent” at the end and substituting “a factum that meets the requirements of rule 4.06.1”.

10. Subrule 40.04 (1) of the Regulation is amended by striking out “a factum consisting of a concise argument stating the facts and law relied on by the party” at the end and substituting “a factum that meets the requirements of rule 4.06.1”.

11. Subrule 42.02 (2) of the Regulation is amended by striking out “a factum consisting of a concise argument stating the facts and law relied on by the party” at the end and substituting “a factum that meets the requirements of rule 4.06.1”.

12. (1) Clause 61.03 (2) (b) of the Regulation is amended by striking out “a factum consisting of a concise argument stating the facts and law relied on by the moving party” at the beginning and substituting “a factum that meets the requirements of rule 4.06.1”.

(2) Subrule 61.03 (3) of the Regulation is amended by striking out “a factum consisting of a concise argument stating the facts and law relied on by the responding party” in the portion after clause (b) and substituting “a factum that meets the requirements of rule 4.06.1”.

13. Rule 61.10 of the Regulation is amended by adding the following subrule:

(1.1) If the appeal book and compendium is filed electronically in the Divisional Court, each document listed in the table of contents shall be hyperlinked in accordance with paragraph 3 of subrule 4.05.3 (7), with necessary modifications.

14. Subrule 61.11 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

Appellant’s Factum

(1) The appellant’s factum shall meet the requirements of rule 4.06.1, be signed by the appellant’s lawyer, or on the lawyer’s behalf by someone the lawyer has specifically authorized, and consist of,

. . . . .

15. (1) Subrule 61.12 (3) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

Contents of Respondent’s Factum

(3) The respondent’s factum shall meet the requirements of rule 4.06.1, be signed by the respondent’s lawyer, or on the lawyer’s behalf by someone the lawyer has specifically authorized, and consist of,

. . . . .

(2) Rule 61.12 of the Regulation is amended by adding the following subrule:

(7.1) If the respondent’s compendium is filed electronically in the Divisional Court, each document listed in the table of contents shall be hyperlinked in accordance with paragraph 3 of subrule 4.05.3 (7), with necessary modifications.

16. (1) Subclause 61.16 (4) (a) (i) of the Regulation is amended by striking out “a factum consisting of a concise argument stating the facts and law relied on by the moving party” and substituting “a factum that meets the requirements of rule 4.06.1”.

(2) Subclause 61.16 (4) (b) (ii) of the Regulation is amended by striking out “a factum consisting of a concise argument stating the facts and law relied on by the responding party” and substituting “a factum that meets the requirements of rule 4.06.1”.

17. (1) Subrule 62.01 (7) of the Regulation is amended by striking out the portion after clause (d) and substituting the following:

. ��. . . .

and a factum that meets the requirements of rule 4.06.1.

(2) Clause 62.01 (8) (a) of the Regulation is revoked and the following substituted:

(a) a factum that meets the requirements of rule 4.06.1; and

18. (1) Subrule 68.04 (3) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(3) The applicant’s factum shall meet the requirements of rule 4.06.1, be signed by the applicant’s lawyer, or on the lawyer’s behalf by someone the lawyer has specifically authorized, and consist of,

. . . . .

(2) Subrule 68.04 (6) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(6) The respondent’s factum shall meet the requirements of rule 4.06.1, be signed by the respondent’s lawyer, or on the lawyer’s behalf by someone the lawyer has specifically authorized, and consist of,

. . . . .

Commencement

19. This Regulation comes into force on the later of September 1, 2024 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 of ��������

Date made: July 3, 2024
Pris le��: 3 juillet 2024

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

Le procureur général,

Doug Downey

Attorney General

Date approved: July 18, 2024
Approuvé le��: 18 juillet 2024

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