MINISTRY OF THE ATTORNEY GENERAL OF ONTARIO

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On April 27, 2022, the Court Services Division of the Ministry of the Attorney General released the updated Notice to the Public and Legal Profession regarding Electronic Court Documents: Electronic Signatures and Submissions through Online Filing Portals. 

This Notice (and the earlier Notice dated February 24, 2022) was developed in collaboration with the Offices of the Chief Justice of the Superior Court of Justice and Ontario Court of Justice.

The updated Notice clarifies that: 

• the content on e-signatures applies to the electronic filing of prescribed and non-prescribed court forms, rather than court documents such as documentary evidence (e.g., exhibits such as contracts etc.) which will continue to be accepted by staff      regardless of the format of e-signature used
• a typed name without encryption is an acceptable e-signature format on e-filed court forms, except where the court form is an affidavit, other sworn/affirmed document or a consent on a court form
• court staff will continue to accept for electronic filing records (e.g. motion records) containing court forms that were originally signed with encryption software, but where the encryption is lost upon merging with other documents prior to filing (e.g., combining PDF documents for a motion record)

RULES OF CIVIL PROCEDURE

On March 23, 2022, a regulation was filed to amend the court rules and forms for civil proceedings: O. Reg. 224/22, amending the Rules of Civil Procedure. The regulation is posted on e-Law here.  

The regulation addresses the rules regarding the deadlines for parties to submit their confirmation of motion and confirmation of application forms (Forms 37B and 38B), as well as the deadline to upload materials to CaseLines.

The regulation, which amends three rules and revises two forms, will come into force on April 23, 2022.

The rule amendments:

• require a moving party to confirm the motion 5 days before the hearing instead of 3, and permit the responding party to confirm the motion (if the moving party has not done so) 4 days before the motion instead of 2 (rule 37.10.1);
• require an applicant to confirm the application 5 days before the hearing instead of 3 (rule 38.09.1);
• separate the CaseLines deadline for motions and applications from the confirmation form deadlines (rule 4.05.3);
• remove references to e-mail submission of confirmation forms being possible only if available in the court office, since e-mail is available in every civil court office (rules 37.10.1 and 38.09.1); and
• prescribe revised versions of the Form 37B Confirmation of Motion and Form 38B Confirmation of Application, to 
  • emphasize the duty to update the court if circumstances change after confirmation,
  • add  reference to the abandonment procedure, and
  • require a list of materials for applications (as is already required for motions).

The revised Forms 37B and 38B are available on the Ontario Court Forms Website.  

A summary of the regulation is available on Ontario’s Regulatory Registry  here.  

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. 

COURT TRANSCRIPT FEE INCREASE (READ MORE)

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:

• English 
• French 

On Feb 24, 2022, the Court Services Division of the Ministry of the Attorney General released a Notice to the Public and Legal Profession regarding Electronic Court Documents: Electronic Signatures and Submissions through Online Filing Portals.   The Notice has been published on the Ontario Court Forms website.  

Further inquiry can be directed to the following addresses: attorneygeneral@ontario.ca and putting e-Signatures & Submissions in the subject line. 

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.

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

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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

MAG's placemat for a complete overview of what’s changing and when (published March  17, 2022)

ENGLISH

FRENCH

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:

• English 
• French 

(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:

• Town hall presentation
• COVID-19 safety seminar presentations from Dr. Michelle Murti
• COVID-19 safety seminar presentations from Ron Kelusky
• Overview of the Public Services Health and Safety Association’s role in court recovery

 On January 21, 2022, a regulation was filed to amend the court rules and forms for civil proceedings in the Superior Court of Justice: O. Reg. 18/22, amending the Rules of Civil Procedure. This regulation makes amendments regarding the service of experts’ reports, the scheduling of pre-trial conferences, the test for leave to admit evidence at trial, and other related provisions. It introduces one new rule, makes amendments to a further twelve rules, and creates one new form. A summary of the regulation is available on Ontario’s Regulatory Registry here. 

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.

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

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)

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.

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).

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.

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

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

1. 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)).
2. 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).
3. 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). 

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

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 

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

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

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.

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

 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.