@dougdowney has approved changes to the Rules of Civil Procedure, to come into force on January 1, 2021. I summarize the major/substantive changes in this thread. #lawtwitter
https://twitter.com/douglasdowney/status/1333415544595353600
Rules 1.08 & 1.08.1 (tele/videoconferences) are revoked & replaced with a new Rule 1.08 requiring a party seeking hearing to specify method of hearing (in person, tele/videoconference). This doesn’t include ONCA.
Parties must object within 10 days, or 7 days before hearing. Objections will be dealt with by case conference (all case conferences are now teleconference by default). Unreasonable objections may incur cost consequences: Rule 57.01(1).
In deciding mode of hearing, court will consider several factors, including general principle that evidence & argument should be presented orally in open court, and ability to assess witness credibility/demeanour.
This process also applies to mandatory mediation & oral discoveries, w/some modifications. Onus will be on one party to make arrangements and give notice to others.
A new Rule 4.01.1 permits electronic signatures by the court, a registrar, a judge, or any other officer under the Rules.
A new Rule 4.05.3 governs deadlines, formatting, naming conventions, hyperlinking, and other requirements for CaseLines, the new case management software. Submitting documents to CaseLines does not constitute filing or service.
Rule 4.06(1)(e) is amended to allow for virtual commissioning of affidavits.
A new Rule 4.12 allows the registrar to send documents and communicate by email.
Rules 16.01(4)(b)(iv) & 16.05(1)(f) are amended to allow for service of documents (other than originating processes) by email without need for consent or a court order. No need for certificates of service for e-mail service (16.09(6)).
Other Rules for electronic docs Part I: text/character standards for paper docs apply to electronic docs (Rule 4.01); registrar can provide certified copies in electronic format (4.03); any doc can be issued electronically (4.05(1.1)).
Other Rules for electronic documents Part II: transcripts to be provided in electronic format (except in ONCA) (Rule 4.09); orders can be endorsed in electronic format (Rule 59.02) and issued electronically (Rule 59.04).
Other Rules for electronic docs Part III: changes to approval of form & content of draft orders, & general form of orders (Rule 59.03(1) & (3)). Only one copy of document required if filed electronically (eg Rule 61.03(2.1) & (3.1)).
No longer an assumption that hearings will occur in a certain geographical location, or that participation in person required. See eg Rules 38.03(1.1); 38.11(2)(b); 50.05(1); 50.13(2); 54.05(2); 60.17(b); 62.01(6); 76.05(2).
Rule 37.12.1(4) is amended to allow for opposed motions in writing even where the issues of fact or law are complex.
A new Rule 59.05 makes changes to the process for entering and filing orders.
Rules re service/delivery by fax are amended/revoked in Rules 16, 37, & 38. Rule 4.02(3)(f)-(h) removes any reference to fax numbers. Rule 51.01(c) is amended to remove reference to telegrams (!).
All the changes can be found here: ontario.ca/laws/%20https:…
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