Federation of Ontario Law Associations - Ontario Attorney General

MINISTRY OF THE ATTORNEY GENERAL OF ONTARIO

ONTARIO GOVERNMENT & MAG UPDATES

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COURTS & DIGITAL ACCESS

The Ontario government is delivering a new digital justice solution that will transform how people handle their legal matters at the Superior and Ontario Courts of Justice. The Courts Digital Transformation initiative will be the most significant single step forward in the digital evolution of justice in Canada, replacing outdated paper-based procedures with an online platform to manage cases, documents and schedules.

Guidebook – COVID-19: Recommended Precautionary Measures for Resuming Court Operations (Updated Nov 10, 2021).

The Guidebook is available on Ontario.ca in both English and French, and can be accessed through the following links:

Justice Services Online (JSO) platform enhancements (Aug 9 2021)

Court documents that have been reviewed and accepted by court staff will be digitally date stamped and electronically issued.
New document types will be eligible for submission through Civil Submissions Online. These include: A Statement of Claim where a motion was filed before commencement of an action; and an Order of a Court, Board, Tribunal, Municipality or ministry for Enforcement.
A new process to schedule and generate Mandatory Information Program (MIP) notices for family court proceedings.
The ability to provide a fee waiver certificate to a client using the court case tracking system’s email functionality (for fee waiver requests that have been filed through JSO).
Additional contact information from representatives (i.e. lawyers, paralegals) and self-represented parties will be required when new cases are created for all business lines.

On November 15th, MAG will be releasing the following enhancements to its Justice Services Online (JSO) platform:

• A “Memo to Court Staff Regarding a Submission” document code will be included in the Family Submissions Online (FSO), the Civil Submissions Online (CSO) and the Small Claims Court Submissions Online (SCCSO) portals. The purpose of the memo is to provide court staff with additional information when processing the document(s). The memo to court staff is akin to covering letters received with documents that are mailed in for filing or with instructions that filers give staff at the counter. In addition, the memo may also be used when documents are being resubmitted after being rejected. This is expected to reduce the number of subsequent rejections.

• Housekeeping updates to the Terms of Use.

• Several other housekeeping updates are also being made to all JSO portals, including:

* Civil Claims Online (CCO): allows a filer to discontinue an action on consent without having to upload an order and permits filings for cases with Simplified Rule (SR) and Estates (ES) case number extensions.

* SCCSO: provides a new document code “Form 11B: Default Judgment (re-submission, fee already paid)”.

Pre-authorized Payment for Justice Services Online - enhancements to Justice Services Online (JSO) - June 2021

Notice to the Legal Profession & Public re: Inclusive Language and Procedures in Courts (June 1 2021)

On May 28, 2021, a regulation was filed to amend court rules and forms for civil proceedings in the Superior Court of Justice: O. Reg. 383/21, amending the Rules of Civil Procedure.

The regulation makes administrative amendments to align the Rules of Civil Procedure with amendments to the Courts of Justice Act that were introduced to replace references to “case management master” with references to “associate judge”. The legislative amendments were made through the Accelerating Access to Justice Act, 2021, Schedule 3.

The regulation also makes amendments to remove the option of providing a confirmation of application or motion form to the registrar by fax.

Amendments to the estate rules achieve consistency in the use of the term “certificate of appointment of estate trustee” and make consequential amendments to recent rule changes establishing a simplified probate process for small estates (O. Reg. 111/21). Effective May 28, 2021.

The regulation amends 59 rules and 14 forms.

A summary of the regulation is available on Ontario’s Regulatory Registry at: 21-MAG016

SMALL ESTATE FORMS: Forms for Small Estates are posted on the Ontario Court Forms site here: Rules of Civil Procedure Forms | Ontario Court Services (ontariocourtforms.on.ca). There is another section on the court forms site that includes pre-formatted and fillable estates forms (Rules of Civil Procedure Forms / Pre-formatted, Fillable Estates Forms | Ontario Court Services (ontariocourtforms.on.ca).

On April 6, 2021, a regulation was filed to amend court rules and forms for civil proceedings in the Superior Court of Justice: O. Reg. 248/21, amending the Rules of Civil Procedure.

The administrative amendments to the Rules of Civil Procedure achieve consistency with recent civil rule and form amendments establishing electronic processes in civil court proceedings (O. Reg. 689/20), as well as amendments establishing a simplified probate process for small estates (O. Reg. 111/21).

The amending regulation also makes administrative amendments to introduce consistent French-language terminology and correct discrepancies between the English and French versions of various rules and forms.

The regulation amends 23 rules and 43 forms. A summary of the regulation is available on Ontario’s Regulatory Registry at: 21-MAG010

The amendments are effective April 6, 2021.

Notice re: Authentication of electronic civil and estate court documents (Feb 10)

As of January 1, 2021, civil and estates court staff can:

1. electronically issue any court document that requires issuance in a civil proceeding in the Superior Court of Justice and Divisional Court, pursuant to rule 4.05 (1.1) of the Rules of Civil Procedure. Documents that are eligible for electronic issuance include court orders, applications and Certificates of Appointment of Estate Trustee.

2. electronically certify any civil and estates court document that requires certification, pursuant to rule 4.03(2) of the Rules of Civil Procedure.

MAG has filed two regs to establish a small estate process in Ont. (both effective April 1):

1. O. Reg. 110/21, made under the Estates Act establishing a small estate value of up to $150,000.

2. O. Reg. 111/21, made under the Courts of Justice Act amending the Rules of Civil Procedure (RCP) to establish a small estate process.

CLICK HERE FOR MORE INFORMATION

NEW!! Online tool for searching information about criminal and civil matters in the SCJ

*you will need a ONe-Key account

FULL LIST OF ESSENTIAL SERVICES

On May 8th, 2020, the Attorney General issued a Press Release stating that Ontario will not proceed with the Halton Region Consolidated Courthouse construction project. You can read the announcement here.

Letter to the AG from the Halton Law Association requesting that the government reconsider their decision

PRE-COVID MAG SECTION

MAG RECOVERY SECRETARIAT

ONTARIO GOVERNMENT & MAG UPDATES

MAG GUIDEBOOK-PRECAUTIONARY MEASURES FOR REOPENING COURTS;

The Guidebook is available on Ontario.ca in both English and French, and can be accessed through the following links:

(the Guidebook is a living document and may continue to be updated over time)

On June 19, 2020, Ontario's Recovery Secretariat hosted a virtual town hall on COVID-19 safety and the reopening of Ontario's Courts. The town hall offered an overview of MAG's phased, gradual and responsive plan for court recovery, which aligns with the Framework for Reopening Our Province.

Here are materials from the town hall and information session:

MINISTRY OF THE ATTORNEY GENERAL

ACCELERATING ACCESS TO JUSTICE ACT, 2021

COVID-19 RESPONSE & REFORMS TO MODERNIZED ONTARIO ACT, 2020

AMENDMENTS TO THE COURTS OF JUSTICE ACT - CIVIL JURIES

On January 19th, the Accelerating Access to Justice Act, 2021 received Royal Assent

The Act makes the virtual witnessing of powers of attorney and wills permanent.

An additional consequential amendment to the Family Law Act, would clarify spouses’ rights to elect to seek or not to seek an equalization of net family property under the Family Law Act following the exclusion of separated married spouses from inheriting when there is no will.

Also, an amendment to the Succession Law Reform Act would grant courts the authority to validate wills that reflect testamentary wishes, but which were not made in complete compliance with the formality requirements for making a will.

The Bill can be found here.

Explanatory Note can be found here.

A Backgrounder can be found here.

ACT DETAILS

AMENDMENTS TO THE COURTS OF JUSTICE ACT - CIVIL JURIES

COVID-19 RESPONSE & REFORMS TO MODERNIZED ONTARIO ACT, 2020

AMENDMENTS TO THE COURTS OF JUSTICE ACT - CIVIL JURIES

Also as part of the government's Accelerating Access to Justice Act, changes were made to the Courts of Justice Act regarding the availability of civil juries. These amendments were previously proposed is earlier announcements.

Read FOLA's Submission here

Simcoe County Law Association's Submission

Middlesex Law Association's Submission

Toronto Lawyers' Association

Carleton County Law Association's Submission

* Accompanying docs for CCLA submission

Report on the Use of Jury Trials in Civil Cases

Report to the Canadian Judicial Council on Jury Selection in Ontario

The Advocates' Society's Submission

Canadian Defence Lawyers Submission

Ontario Trial Lawyers Assn. Submission

READ LETTER TO STAKEHOLDERS

COVID-19 RESPONSE & REFORMS TO MODERNIZED ONTARIO ACT, 2020

In summary, the legislative amendments made to the above two acts now make it possible for the: commissioning of a document to be remote and virtual; and notarization of a document to be remote, virtual, and notarized by a paralegal.

These changes echo a similar directive issued by the Law Society of Ontario in March and are permanent as of May 12th, 2020.

Notaries Public and Commissioners for Taking Affidavits - MAG Consultation

READ FOLA'S SUBMISSION HERE (JUNE 2020)

CCLA SUBMISSION (JUNE 2020)

READ THE ACT

MOVING ONTARIO FAMILY LAW FORWARD ACT

THE COVID-19 ECONOMIC RECOVERY ACT 2020

COVID-19 RESPONSE & REFORMS TO MODERNIZED ONTARIO ACT, 2020

On September 24, 2020, the Attorney General introduced Bill 207, the Moving Ontario Family Law Forward Act, 2020.

The bill aims to relieve stress, strain, and burden for Ontarians by providing more clarity for families involved in family law matters. These changes will allow parents and guardians to spend less time on paperwork and court appearances and more time caring for their children and focused on their future.

READ THE LEGISLATION

THE COVID-19 ECONOMIC RECOVERY ACT 2020

Bill 197 – The COVID-19 Economic Recovery Act, 2020.

Among a raft of other things, the PC’s new 176-page omnibus Bill 197:

Overhauls how justices of the peace are appointed, such as allowing the AG to reject candidates vetted and suggested by an advisory committee and requiring a new short list (Schedule 8);
Gives the municipal affairs minister of the day "enhanced" zoning order-making powers under the Planning Act and regulation-making authority under the Building Code Act (Schedule 17);
Establishes the “Provincial Land and Development Facilitator” who will advise the municipal affairs minister on land use and growth, and make recommendations (Schedule 10);
Changes to the Marriage Act (Schedule 9); and
Changes to the provincial Offenses Act (Schedule 18);

SMARTER & STRONGER JUSTICE ACT

On July 8, 2020, Bill 161, the Smarter and Stronger Justice Act 2019 received Royal Assent - a Bill that proposes over 20 Statutory and Regulatory changes.

Read the TLA's submission regarding the Smarter and Stronger Justice

FOLA had concerns with the changes to the Notaries Act and to the Commissioners for Taking Affidavits Act but due to COVID-19 and the passing of Bill 190, these concerns were expressed in meetings with MAG in relation to that Act (which superseded Bill 161 with respect to Notaries and Commissioning).

PRESS RELEASE

CLASS PROCEEDINGS ACT AMENDMENTS

THE COVID-19 ECONOMIC RECOVERY ACT 2020

On October 1st, the following amendments will come into effect (having been passed as part of the Smarter and Stronger Justice Act, 2020, which received Royal Assent on July 8, 2020.

The amendments to the CPA will, subject to specified exceptions, only apply to class proceedings commenced on or after October 1, 2020.

The CPA, as amended, can be accessed at the following link: https://www.ontario.ca/laws/statute/92c06

Regulations and Regulatory Amendments

The following new regulations and regulatory amendments have been made to support the amendments to the CPA:

A new General regulation under the CPA, which includes:
- Details regarding the registration of proceedings commenced under the CPA; and
- Technical rules related to the timing of the commencement of a proposed class proceeding that includes a claim under s. 138.3 of the Securities Act (Liability for secondary market disclosure);
A new Subrogated Claims regulation under the CPA, containing details necessary to implement s.27.3 of the CPA, as amended;
Consequential amendments to O. Reg. 771/92 (Class Proceedings) under the Law Society Act; and
Minor amendments to R.R.O. 1990, Reg. 194 (Rules of Civil Procedure) under the Courts of Justice Act.

JUDICIAL APPOINTMENT PROCESSES

LEGS & REGS EFFECTIVE JAN 1, 2020

JUDICIAL APPOINTMENT PROCESSES

On February 27, 2020, Attorney General Doug Downey announced that he plans to change appointment processes for the JAAC and the JPAAC.

MEDIA, FOLA & JAAC/JPAAC AMENDMENTS

March 2, 2020 letter from FOLA to the Attorney General Doug Downey following a JAAC/JPAAC meeting at MAG. And here is a letter from The Advocates’ Society.

February 28, 2020 article in the Globe & Mail quoting FOLA Chair Michael Winward expressing concerns over the amendments.

The Attorney General first started discussing possible amendments to judicial appointments at FOLA's November Plenary. Below are some relevant documents and media clippings.

SPEECH BY HON. DOUG DOWNEY, ATTORNEY GENERAL

LETTER TO THE AG BY FOLA CHAIR MIKE WINWARD FOLLOWING THE TALK

PAST MEDIA COVERAGE

Globe & Mail, Toronto Star affiliate QP Briefing (an inside Queen’s Park daily), the Law Times, Lawyers Daily, and CBC Radio

LEARN MORE

CIVIL JUSTICE REFORMS

LEGS & REGS EFFECTIVE JAN 1, 2020

JUDICIAL APPOINTMENT PROCESSES

On January 1, 2020, important civil justice reforms came into effect. The reforms were introduced through:

A regulation filed on October 23, 2019 to increase the Small Claims Court monetary jurisdiction (O. Reg 343-19 amending O. Reg. 626/00 pursuant to the Courts of Justice Act, s.53(1)).
A regulation filed on October 23, 2019 to amend civil court rules relating to Simplified Procedure (O. Reg 344-19 amending the Rules of Civil Procedure pursuant to the Courts of Justice Act).
Bill 100, the Protecting what Matters Most Act (Budget Measures) 2019, which passed on May 29, 2019 (amends s.108 of the Courts of Justice Act by eliminating civil jury trials in Simplified Procedure actions)

Please also note that a regulation filed on October 23, 2019 amends the Rules of the Small Claims Court court forms relating to garnishment proceedings (O. Reg 345-19).

CSD COURT FORMS WEBSITE

LEGS & REGS EFFECTIVE JAN 1, 2020

Amendments to the Courts of Justice Act and its regulations:

· Increased the maximum amount of a claim in Small Claims Court from $25,000 to $35,000.
· Increased the minimum amount of a claim that may be appealed to the Divisional Court from $2,500 to $3,500.
Expanded access to the Simplified Procedure in civil court to simplify complex processes and reduce the legal costs associated with cases involving modest values :
People and businesses with civil court claims up to $200,000 will be able to use the Simplified Procedure process, up from the previous claim amount of $100,000.
Improve efficiency in the Divisional Court by clarifying court document filing requirements.
Limit factums (documents) on motions for leave to appeal to facts, issues, statements of law, and authorities that are relevant to a ground on which leave to appeal may be granted.
Limit motion records to documents which are referred to in the party’s factum and which are relevant to a ground on which leave to appeal may be granted.

Amendments to a regulation under the Law Society Act relate to the Law Society Tribunal processes of the Hearing Division:

· For certain types of motions, eliminating the requirement for the same members who will hear the merits of the proceeding to also hear the motion.

· Allow a single member panel, rather than a three-member panel, to exclude the public and/or witnesses from all or part of a hearing.

OPEN & RECENT SUBMISSIONS

PROVINCIAL OFFENCES ACT

MODERNIZING THE NOTARIES ACT - REMOTE NOTARIZATION

Summonses

O. Reg. 475/21 was filed on June 16, 2021 to permit provincial offences officers to serve Part III summonses on individuals within the province by registered mail, courier, or email. It also permits service on a recipient’s licensed lawyer or paralegal (if any), with advance consent.

Section 39 of the POA provides that these methods of service will also be available to any person serving a witness summons.

This change will permit new efficiencies going forward and will help minimize health risks associated with in-person contact during the pandemic. The regulation can be viewed online.

Proclamation of POA Clerk Amendments

Bill 177, the Stronger, Fairer Ontario Act (Budget Measures), 2017, and Bill 229, Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020, introduced amendments to the POA aimed at modernizing and streamlining POA court processes.

Effective November 1, 2021, the following amendments will come into force:

• Clerks of the court will grant, but not deny, an extension of time to pay a fine. If the clerk is not satisfied that the application should be granted, the clerk must forward the application to a justice of the peace to make the determination whether to grant or deny the request for an extension.

• Clerks of the court will review the POA ticket and, if the ticket is not defective as determined by regulation, enter a conviction and impose a set fine where a defendant has failed to respond to the ticket and is deemed not to dispute. The Attorney General has made a regulation prescribing the characteristics that make a certificate of offence defective. The regulation can be viewed online.

(More details about these amendments are described in the appendix).

Updated POA Forms

The COVID-19 Economic Recovery Act, 2020, also amended the POA to further enable the enhanced use of remote appearances in POA proceedings.

Effective November 1, 2021, updated POA forms, including Offence Notices, Certificates of Offence, Part I Summons, Notice of Trial and Early Resolution Meeting Notices, will come into effect to reflect the availability of remote appearance methods for POA proceedings. In addition, Offence Notices will also advise the defendant that a clerk may enter a conviction against them, and that the defendant may apply to a justice for a review of their conviction.

Updated POA forms are posted on the Ontario Court Forms website.

POA Court Recovery

The Recovery Division and Court Services Division, acting on behalf of the Ministry of the Attorney General, continue to work closely with the Ontario Court of Justice (OCJ) on advancing virtual court appearances and the eventual resumption of in-person proceedings, when appropriate. The ministry continues to meet regularly with the OCJ, providing updates and guidance on POA recovery.

The collaborative partnership between justice partners and the ministry has been, and will continue to be, a fundamental principle of our success as we work together to build the most modern, efficient, and effective justice system attainable.

If you have any questions, or if you would like more information on these initiatives, please contact Ms. Wendy Chen, Manager of my ministry’s POA Unit, by telephone at (437) 244-8733 or by email at JUS.G.MAG.POASupport@ontario.ca.

VIEW FOLA's POA SUBMISSION HERE

MODERNIZING THE NOTARIES ACT - REMOTE NOTARIZATION

On August 1, 2020, MAG passed a new regulation under the Commissioners for Taking Affidavits Act to set out the framework for commissioners who wish to exercise their powers without being in the physical presence of the deponent or declarant. That regulation is available here.

In response to stakeholder feedback and understanding that notarization is a more complicated process than commissioning, a remote notarization regulation was not introduced at that time. However, in late March/early April 2021 MAG sought input on proposals outlined in a Consultation Deck.

FOLA'S SUBMISSION

PROTECTING ONTARIO's ELECTION ACT, 2021

MODERNIZING THE NOTARIES ACT - REMOTE NOTARIZATION

JUSTICE SECTOR CONSULTATIONS: MANDATORY MEDIATION AND ONE-JUDGE MODEL

The Election Act and the Election Finances Act are amended. Among the changes:

1. The Chief Electoral Officer (“the CEO”) is to establish an advisory committee on voting equipment and vote counting equipment.

2. The powers of the CEO with respect to designating advance polls are expanded.

3. Independent members of the Assembly are allowed to endorse constituency associations.

4. The amounts of authorized contributions are increased.

5. The quarterly allowances to registered parties are continued until January 1, 2025. Their amounts are increased and adjustments are made to their timing.

6. Adjustments are made to the rules respecting collusion with third parties.

7. Administrative penalties for certain contraventions are provided for.

The Members’ Integrity Act, 1994 is amended to provide for social media accounts of members of the Assembly and multiple amendments are made to the Municipal Elections Act, 1996.

VIEW THE BILL

JUSTICE SECTOR CONSULTATIONS: MANDATORY MEDIATION AND ONE-JUDGE MODEL

In late August, 2020, the Attorney General wrote to FOLA seeking our input and perspective on legislative potential changes to the mandatory mediation program and a single-judge model (building on the current One Judge Pilot Program) in the SCJ.

You can read the AG's letter (which outlines the possible changes) to FOL A here.

FOLA's Submission

The Toronto Lawyers Association's Submission

READ OUR SUBMISSION

AMENDMENTS TO THE ESTATE ACT

JUSTICE SECTOR CONSULTATIONS: MANDATORY MEDIATION AND ONE-JUDGE MODEL

COMMISSIONERS FOR TAKING AFFIDAVITS AND NOTARIES PUBLIC REFORM

Ontario’s “Smarter and Stronger Justice Act, 2020” received Royal Assent on July 8, 2020. This Act includes amendments to the Estates Act. You can view the Act (along with explanatory notes) here.

The amendments to the Estates Act include the authority to establish a regulation to prescribe a small estates value. The amendments pertaining to small estates will come in to force on proclamation at a later date. This approach was taken to allow the Civil Rules Committee an opportunity to review the changes and consider any amendments to the Rules of Civil Procedure and forms that may be required and, to allow for consultation with the estates bar on the value of small estates.

In August 2020, the Attorney General invited FOLA to provide written input on the appropriate defined value of “small estate” to be set out in regulation.

You can read our submission here.

And the TLA's submission here.

READ OUR SUBMISSION

COMMISSIONERS FOR TAKING AFFIDAVITS AND NOTARIES PUBLIC REFORM

JUSTICE SECTOR CONSULTATIONS: MANDATORY MEDIATION AND ONE-JUDGE MODEL

COMMISSIONERS FOR TAKING AFFIDAVITS AND NOTARIES PUBLIC REFORM

On August 1st, 2020, a new regulation was made under the Commissioners for Taking Affidavits Act to set out the framework for commissioners who wish to exercise their powers without being in the physical presence of the deponent or declarant. That regulation is available here.

BACKGROUND

In March, 2019. The Ministry requested written submissions on their consultation document .

Following consultation with our membership, FOLA presented the Ministry with our submission on April 15, 2019. You can read that submission in its entirety below.

FOLA also made a submission to MAG on June 12, 2020, which you can read here.

READ OUR SUBMISSION

MAG REVIEW OF FAMILY AND CIVIL LEGISLATION, REGULATIONS, AND PROCESSES

Lindsey Park, MPP and Parliamentary Assistant to the Attorney General, recently led review of Family and Civil Legislation, Regulations, and Processes. The government’s review explored ways to simplify family and civil court processes, reduce costs and delays, and encourage earlier resolution of disputes.

FOLA’s executive spent much of July 2019 attending various consultation sessions throughout the province and our Family Law Committee Chair, Valerie Brown, prepared our submission, sent to Ms. Park on July 30, 2019.

READ OUR SUBMISSION

POTENTIAL AMENDMENT TO THE JURIES ACT

MAG REVIEW OF FAMILY AND CIVIL LEGISLATION, REGULATIONS, AND PROCESSES

In March, 2019, FOLA presented our formal submission to the Ministry on their proposed amendments to the Juries Act.

In part, FOLA recommended that “No juror address information, but a party could bring a motion to access juror street address information if it is necessary to ensure trial fairness or is otherwise in the interests of justice.”

You can access our full submission below.

READ OUR SUBMISSION

LIBEL AND SLANDER ACT

MAG REVIEW OF FAMILY AND CIVIL LEGISLATION, REGULATIONS, AND PROCESSES

LIBEL AND SLANDER ACT

In Ontario, the law of defamation is a complex mix of common law rules and statutory provisions. Ontario’s Libel and Slander Act has not been updated to reflect the technological changes of the 21st century, and as a result, the law of defamation in Ontario may not address or reflect the complexities and challenges that technological advances have presented.

The Law Commission of Ontario (LCO) has recently released its final report entitled Defamation Law in the Internet Age, which you can find online here. MAG sought input on recommendations from the LCO’s report over the summer of 2020.

READ OUR SUBMISSION

MAG Legislation

RULES OF CIVIL PROCEDURE - ESTATES

ESTATES ACT & COURTS OF JUSTICE ACT AMENDMENTS

On October 15, 2021, a regulation was filed to amend court rules and forms for estates proceedings in the Superior Court of Justice: O. Reg. 709/21, amending the Rules of Civil Procedure. The regulation:

streamlines the Rule 74 probate process;
aligns the Rule 74 application forms with Succession Law Reform Act amendments to sections 15(a), 16, 17 and 43.1 that were made through the Accelerating Access to Justice Act, 2021, Schedule 9; and
makes administrative amendments to 15 estate court forms.

These estate court rule and form amendments will come into force on January 1, 2022.

The RCP amendments are expected to reduce costs and simplify the Rule 74 process to apply for probate by:

introducing one set of requirements for applications with a will and applications without a will (one new rule 74.04 replaces current rules 74.04 and 74.05);
reducing the number of forms by35 forms (content of 43 forms consolidated into 8 new forms);
creating new forms with a simpler format, larger font and fillable text boxes;
improving the guiding language in the forms; and
numbering the forms alpha-numerically (e.g. Form 74A instead of Form 74.4), allowing for easier identification of the forms.

The streamlined process also allows for more expeditious processing of applications by court staff.

A summary of the regulation is available on Ontario’s Regulatory Registry at:

21-MAG038

Further inquiry can be directed to the following addresses, quoting the reference # attached to your response/ in the subject line:

E-mail: attorneygeneral@ontario.ca

ESTATES ACT & COURTS OF JUSTICE ACT AMENDMENTS

MAG has filed two regulations to establish a small estate process in Ontario. (both effective April 1):

1. O. Reg. 110/21, made under the Estates Act establishing a small estate value of up to $150,000.

2. O. Reg. 111/21, made under the Courts of Justice Act amending the Rules of Civil Procedure (RCP) to establish a small estate process. The regulations are described in Ontario Regulatory Registry notices at: 21-MAG005 and 21-MAG006.

The RCP amendment regulation establishes a simplified probate process for estates valued at up to $150,000 as an alternative to the existing probate system.

New rule 74.1 allows for a court issued Small Estate Certificate with the equivalent legal effect to a Certificate of Appointment of Estate Trustee, except that authority is limited to the estate assets specifically listed in the application. The rule specifies the requirements for applications for a Small Estate Certificate, including the requirements for filing, for notice to persons entitled to share in the estate and for applying to seek authority for estate assets that are discovered after the issuance of a Small Estate Certificate.

Please note: The small estates limit of $150,000 will apply for the purpose of determining eligibility to apply to the court for a Small Estate Certificate. It does not impact the Estate Administration Tax Act exemption limit of $50,000.

Additional information is available in ENGLISH

and FRENCH

SOLICITORS ACT AMENDMENTS

ESTATES ACT & COURTS OF JUSTICE ACT AMENDMENTS

CHANGES TO FEE WAIVERS AND COURT FEES

Amendments to the Solicitors Act in regards to contingency fees have been approved to come into force on July 1, 2021.

Order In Council regarding the Solicitors Act

In addition, there is a new regulation on contingency fees, which you can find on elaws

The standard form agreement can be found on the Law Society website.

English

French

CHANGES TO FEE WAIVERS AND COURT FEES

Following an EY Canada line-by-line review of Government Expenditures, the Ontario Government identified opportunities to move toward full cost recovery for court and transactional services.

After a public and stakeholder consultation period, the new fees were introduced in April 2019.

NEW GUIDE TO FEE SCHEDULE

BILL 88, PLANNING AMENDMENT ACT, 2019

CHANGES TO FEE WAIVERS AND COURT FEES

BILL 88, PLANNING AMENDMENT ACT, 2019

On March 26, 2019, Doug Downey, MPP (Barrie—Springwater—Oro-Medonte) and then Parliamentary Assistant to the Minister of Finance (currently AG), filed his Private Member's Bill for first reading in the Legislature. Bill 88 proposed several changes to the Planning Act, which FOLA enthusiastically supported.

Bill 88, Planning Amendment Act, 2019

FOLA's endorsement letter

FOLA's endorsement letter of LawPro's support of this Bill

While the Bill died following Doug's appointment to AG, FOLA is hopeful that it will be reintroduced as a Government Bill in the near future.

INCREASING SMALL CLAIMS LIMIT

CHANGES TO FEE WAIVERS AND COURT FEES

BILL 88, PLANNING AMENDMENT ACT, 2019

Beginning January 1, 2020, the maximum claim filed in Small Claims Court will increase to $35,000. Currently, all claims over $25,000 must proceed in the Superior Court of Justice — one of the busiest courts in Canada — where litigation can take years and can involve expensive legal representation.

Read Press Release

ONTARIO's AUDITOR GENERAL'S REPORT - 2019

AUDITOR GENERAL'S REPORT DEC 2019 - JUSTICE

On December 4th, Ontario's Auditor General released a damning report highlighting the slow pace of modernization and how that is contributing to growing delays in Ontario courts and creating serious deficiencies in transparency.

Also problematic, was the fact that the Auditor General’s Office was blocked from fully examining the reasons for those delays.

The Auditor General examined three aspects of Ontario’s court system—Court Operations, the Criminal Court System, and Family Court Services and offered some welcome conclusions.

JUDICIAL VACANCIES

ONTARIO COURT OF JUSTICE - GUELPH

The Judicial Appointments Advisory Committee advises the Attorney General of Ontario on the appointment of Judges to the Ontario Court of Justice, and invites applications for a judicial position in Guelph.

This appointment involves presiding over criminal law matters and also involves travel within the regional boundaries and elsewhere in the province of Ontario, as assigned by the Regional Senior Justice and/or the Chief Justice.

The minimum requirement to apply to be a Judge in the Ontario Court of Justice is ten years completed membership as a barrister and solicitor at the Bar of one of the Provinces or Territories of Canada.

All candidates must apply by submitting an electronic copy of the current (September 2020) completed Judicial Candidate Information Form. Acknowledgement and other communication will be sent by email.

Please ensure that a suitable email address is provided on your application.

If you wish to apply and need a current Judicial Candidate Information Form, or if you would like further information, please contact:

Judicial Appointments Advisory Committee

JAAC@ontario.ca

Website: www.ontariocourts.ca/ocj/jaac/

NEW ONLINE APPLICATION PROCESS: All applications must be sent by email, as a PDF attachment, to JAAC.Application@ontario.ca. Please refer to the submission instructions. In the email subject line, please indicate the LOCATION of the judicial vacancy. If applying for more than one vacancy location, please indicate ALL vacancy locations in the subject line.

Applications must be on the current prescribed form and RECEIVED BY 11:59 p.m. on Monday, December 13, 2021. Applications received after this date WILL NOT be considered.

The Judiciary of the Ontario Court of Justice should reflect the diversity of the population it serves. Applications from members of equality-seeking groups are encouraged.

CLICK HERE FOR COMPLETE APPLICATION INFO

ONTARIO COURT OF JUSTICE - HALTON

This appointment involves presiding over family law matters and also involves travel within the regional boundaries and elsewhere in the province of Ontario, as assigned by the Regional Senior Justice and/or the Chief Justice.

If you wish to apply and need a current Judicial Candidate Information Form, or if you would like further information, please contact:

Judicial Appointments Advisory Committee

JAAC@ontario.ca

Website: www.ontariocourts.ca/ocj/jaac/

Applications must be on the current prescribed form and RECEIVED BY 11:59 p.m. on Monday, December 20, 2021. Applications received after this date WILL NOT be considered.

The Judiciary of the Ontario Court of Justice should reflect the diversity of the population it serves. Applications from members of equality-seeking groups are encouraged.

CLICK HERE FOR COMPLETE APPLICATION INFO