MINISTRY OF THE ATTORNEY GENERAL OF ONTARIO
ONTARIO GOVERNMENT & MAG UPDATES
ONTARIO GOVERNMENT & MAG UPDATES
ONTARIO GOVERNMENT & MAG UPDATES
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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.
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:
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.
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
MAG RECOVERY SECRETARIAT
ONTARIO GOVERNMENT & MAG UPDATES
ONTARIO GOVERNMENT & MAG UPDATES
MAG's placemat for a complete overview of what’s changing and when (published March 17, 2022)
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:
JUSTICE SERVICES ONLINE (JSO)
Justice Services Online Enhancements
JULY 25, 2022
The following enhancements will be effective as of July 25, 2022 to its Justice Services Online (JSO) platform that, they hope, will improve the user experience.
- The portals will be enhanced to assist filers in managing their submissions by allowing them to identify their own client reference number to be attached to JSO submissions for internal file management purposes. Filers will also be able to view on the confirmation page the last four digits of the credit card used for a transaction and review a list of previously completed transactions.
- A new predictive text feature in the document drop-down menu will also make it easier for users to easily search for and select the right document type when uploading documents for filing and/or issuance.
- In addition, court staff will be able to provide filers with clear reasons for rejections of a document submitted for filing and/or issuance so deficiencies can be addressed. For clarity, staff is being asked to provide a clear explanation for each rejection reason.
Through follow up correspondence, they noted that, specific changes include:
- Adding a free text field to every default rejection reason that can be selected by staff when rejecting a document received through Civil Submissions Online (CSO), Family Submissions Online (FSO) and Small Claims Court Submissions Online (SCCSO) for filing and/or issuance, so that staff can provide any additional details immediately following each selected rejection reason. This means that staff will be able to better identify for filers why a document cannot be accepted for filing and/or issuance (for example, specifying a relevant rule or practice direction). The rejection reasons identified by staff with any accompanying details will be emailed to the filer.
- Enabling users to voluntarily identify their own internal client reference number (e.g., internal file or client number) which will automatically be added to the confirmation page, draft transactions page and email confirmations of acceptance or rejection of a submission. This feature is being introduced in response to feedback from users who suggested that being able to identify an internal reference number in JSO submissions would assist with their internal file management.
- Identifying the last four digits of the credit card used to pay for a transaction on the confirmation page that appears following successful submission to the portal, so that filers can better identify the credit card used for any given transaction.
- Upgrading the document drop-down upload list with predictive text, which will, as a user types, suggest document types that the user may want to select. This will allow users to more efficiently search for and select the right document type when uploading documents for submission through the portal. This predictive text feature will make the upload process quicker and easier for users.
- Adding a checkbox so that users acknowledge that they have reviewed the information and documents being submitted and that the submission complies with any applicable rules of court, statutory requirements, practice directions, notices and orders before submitting the documents to the court. This will help minimize the number of errors made in submissions and, in turn, reduce the number of rejections due to non-compliance.
- Adding a list of the documents submitted by the user to the confirmation screen within CSO, FSO and SCCSO, so that users can confirm which documents they have uploaded for filing and/or issuance.
In further follow up correspondence they added that, although most locations are successfully meeting the 5-business day turnaround for processing JSO submissions, certain court locations continue to face challenges in meeting this timeline. They only said that they will “continue to monitor any delays and work with local court management to identify steps that can be taken to reduce delays and to ensure that documents are processed expeditiously” adding that “some measures that have been implemented in certain courthouses to successfully address processing backlogs include realigning staff duties to focus on processing submissions and applying additional staff and management resources from other court locations”.
In response to a question about problems contacting court offices, they told me that the Ministry is committed to working closely with their justice partners and other stakeholders to provide ongoing access to critical front-line justice services. JSO users can reach out to local court management about concerns relating to the processing of JSO submissions. If there are challenges in contacting local court management, they are invited to share their concerns with the Directors of Court Operations.
May 2022
The following enhancements will be deployed on May 30, 2022:
- Security information will be added to the My Account page through a new security information tab in the portal to include information on the benefits of using JSO, the steps taken to protect personal information, an explanation of how information is collected and stored, as well as tips on protecting privacy.
- In the JSO platform, an option will be available for paralegals to create a new account, or edit their existing account, to identify themselves as paralegals. This will create an accurate record of a party’s representative in Small Claims Court cases and will automatically populate a paralegal’s contact information in future Small Claims Court Submissions Online (SCCSO) submissions.
- For the Civil Submissions Online (CSO), Family Submissions Online and SCCSO portals, staff can now identify minor deficiencies in a document that is accepted for filing and/or issuance through a Notice of Deficiency and share this notice with presiding judicial officers. This enhancement will streamline the acceptance process.
Additional housekeeping amendments and process improvements for court staff will also be made to the JSO platform. This iterative approach to JSO enhancements builds on earlier work and seeks to prioritize the user experience while minimizing disruption.
Please note that the legal community will continue to be informed of ongoing enhancements through notices to legal and paralegal associations.
If you would like to discuss this initiative, please contact Vaia Pappas, Director, Operational Support Branch at 416-326-2514.
March 21, 2022
The Justice Services Online (JSO) Court Case Search Tool has been expanded to include certain Ontario Court of Justice criminal court case information, effective March 21, 2022.
The expansion of the Tool permits users to search case information about active criminal cases in the OCJ (excluding youth cases) and SCJ (youth cases are initialized). Active cases are those where:
- A future court date has been scheduled;
- There has been a court date within the past seven (7) days; or
- A bench warrant has been issued within the past five (5) years.
Both active and completed SCJ civil cases continue to be available in the Tool to assist with the completion of remote litigation searches.
For your general information, searches may be conducted by entering either the last or business name of the accused or litigant, or the case number, in full or in part (it is not required that both be entered). A list of up to fifty cases will then be generated. To narrow a search, users may enter the court location or first name of the accused or litigant, or for OCJ searches only, the accused person’s middle initial or year of birth. The case information available through the Tool includes:
- Case title;
- Case number;
- Court location;
- Next event/appearance type and date, if scheduled;
- Whether a publication ban has been ordered in the case;
- OCJ cases only: Date on which the Information was sworn;
- SCJ criminal cases only: Name of the legal representative and the date the accused was committed to stand trial in the SCJ; and
- SCJ civil cases only: Name of the legal representative, claim amount, date the case was opened and the most recent order type/date.
Users may still need to contact the court location where the matter was, or is, being heard if they are unable to find the information they are seeking, or they are seeking information about a case that is excluded from the Tool. Excluded cases include youth cases in the OCJ, older criminal cases in the OCJ and SCJ, and cases subject to a statutory or court-ordered access restriction.
The Tool is available at https://www.ontario.ca/page/search-court-cases-online
Any questions about this initiative may be directed to Vaia Pappas, Director, Operational Support Branch at 416-326-2514 or 'Pappas, Vaia (MAG)' Vaia.Pappas@ontario.ca.
Justice Services Online (JSO) enhancements (February 14, 2022):
- Time sensitive documents will be flagged in the Civil Submissions Online (CSO), Family Submissions Online (FSO) and the Small Claims Court Submissions Online (SCCSO) portals. Filers will be asked to identify time sensitive submissions which will be flagged for staff. This new feature will help staff prioritize time sensitive filings and ensure that such submissions are reviewed in advance of a closely approaching court date or deadline. Members of the legal community are encouraged to submit their documents well in advance of the deadline to ensure staff have sufficient time for review. The addition of the “Time Sensitive” column will provide an opportunity to eventually move more filings online and reduce the need for email filings.
- Filers will have the option to upload a separate document for proof of income where the submission includes a fee waiver request. Separately uploaded proof of income documents will be automatically purged after the submission is accepted or rejected.
- Accessibility upgrades will be made to allow documents to be submitted in Word (.docx) format. Previously, only PDF documents were accepted. Instructional text with additional information about compatible browsers will also be included.
- A list of all existing filed documents in a family case will be provided to filers who have submitted documents through FSO. The list will be sent to filers as an attachment to the auto-generated email notice of the accepted submission and will be identical in format to the case history report currently available in FRANK.
- French names of processed documents will be included in the auto generated notices of acceptance or rejection of a submission for filing and/or issuance in FSO, CSO and SCCSO.
This iterative approach to JSO enhancements builds on earlier work and seeks to prioritize the user experience while minimizing disruption. You will continue to be informed of ongoing enhancements through notices to legal and paralegal associations.
If you would like to discuss this initiative, please contact Vaia Pappas, Director, Operational Support Branch at 416-326-2514.
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.
Justice Services Online (JSO) platform enhancements (Nov 15, 2020):
• 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
MINISTRY OF THE ATTORNEY GENERAL
AMENDMENTS – RULES OF CIVIL PROCEDURE
AMENDMENTS TO THE COURTS OF JUSTICE ACT - CIVIL JURIES
ACCELERATING ACCESS TO JUSTICE ACT, 2021
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.
ACCELERATING ACCESS TO JUSTICE ACT, 2021
AMENDMENTS TO THE COURTS OF JUSTICE ACT - CIVIL JURIES
ACCELERATING ACCESS TO JUSTICE ACT, 2021
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.
AMENDMENTS TO THE COURTS OF JUSTICE ACT - CIVIL JURIES
AMENDMENTS TO THE COURTS OF JUSTICE ACT - CIVIL JURIES
COVID-19 RESPONSE & REFORMS TO MODERNIZED ONTARIO ACT, 2020
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.
Simcoe County Law Association's Submission
Middlesex Law Association's Submission
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
COVID-19 RESPONSE & REFORMS TO MODERNIZED ONTARIO ACT, 2020
COVID-19 RESPONSE & REFORMS TO MODERNIZED ONTARIO ACT, 2020
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)
MOVING ONTARIO FAMILY LAW FORWARD ACT
COVID-19 RESPONSE & REFORMS TO MODERNIZED ONTARIO ACT, 2020
THE COVID-19 ECONOMIC RECOVERY 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.
THE COVID-19 ECONOMIC RECOVERY ACT 2020
COVID-19 RESPONSE & REFORMS TO MODERNIZED ONTARIO ACT, 2020
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).
CLASS PROCEEDINGS ACT AMENDMENTS
CLASS PROCEEDINGS ACT AMENDMENTS
CLASS PROCEEDINGS ACT AMENDMENTS
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
CLASS PROCEEDINGS ACT AMENDMENTS
CLASS PROCEEDINGS ACT AMENDMENTS
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
CIVIL JUSTICE REFORMS
CLASS PROCEEDINGS ACT AMENDMENTS
CIVIL JUSTICE REFORMS
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).
RECENT SUBMISSIONS
COURT TRANSCRIPT FEES
MODERNIZING THE NOTARIES ACT - REMOTE NOTARIZATION
PROVINCIAL OFFENCES ACT
A new court transcript fee schedule will come into effect on April 1, 2022. The consolidated amendment will appear on e-Laws shortly. In the meantime, the amending regulation, Ontario Regulation 145/22: Fees for Court Transcripts can be found here: O. Reg. 145/22: FEES FOR COURT TRANSCRIPTS (ontario.ca).
The changes align with the evolving transcript production model in Ontario, including current court practice directions and new court rules relating to electronic transcripts. We anticipate ordering parties will experience efficiencies under the new model, particularly where one electronic transcript is required for filing with the court and can be shared amongst the parties. Overall, our goal is to balance the interests of ordering parties while compensating authorized court transcriptionists (ACTs) for the important role they perform in the justice system.
MAG has produced some Questions and Answers to help provide additional details regarding the implementation of the new transcript fee schedule (see below).
If you have any questions, contact Court Reporting Services, Court Services Division at CourtReportingServices@Ontario.ca.
NOTE: Throughout December 2021, MAG solicited input on the proposed changes. You can view FOLA's Submission here.
PROVINCIAL OFFENCES ACT
MODERNIZING THE NOTARIES ACT - REMOTE NOTARIZATION
PROVINCIAL OFFENCES ACT
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.
MODERNIZING THE NOTARIES ACT - REMOTE NOTARIZATION
MODERNIZING THE NOTARIES ACT - REMOTE NOTARIZATION
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.
PROTECTING ONTARIO's ELECTION ACT, 2021
JUSTICE SECTOR CONSULTATIONS: MANDATORY MEDIATION AND ONE-JUDGE MODEL
MODERNIZING THE NOTARIES ACT - REMOTE NOTARIZATION
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.
JUSTICE SECTOR CONSULTATIONS: MANDATORY MEDIATION AND ONE-JUDGE MODEL
JUSTICE SECTOR CONSULTATIONS: MANDATORY MEDIATION AND ONE-JUDGE MODEL
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.
The Toronto Lawyers Association's Submission
AMENDMENTS TO THE ESTATE ACT
JUSTICE SECTOR CONSULTATIONS: MANDATORY MEDIATION AND ONE-JUDGE MODEL
JUSTICE SECTOR CONSULTATIONS: MANDATORY MEDIATION AND ONE-JUDGE MODEL
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.
COMMISSIONERS FOR TAKING AFFIDAVITS AND NOTARIES PUBLIC REFORM
MAG REVIEW OF FAMILY AND CIVIL LEGISLATION, REGULATIONS, AND PROCESSES
MAG REVIEW OF FAMILY AND CIVIL LEGISLATION, REGULATIONS, AND PROCESSES
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.
MAG REVIEW OF FAMILY AND CIVIL LEGISLATION, REGULATIONS, AND PROCESSES
MAG REVIEW OF FAMILY AND CIVIL LEGISLATION, REGULATIONS, AND PROCESSES
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.
POTENTIAL AMENDMENT TO THE JURIES ACT
MAG REVIEW OF FAMILY AND CIVIL LEGISLATION, REGULATIONS, AND PROCESSES
POTENTIAL AMENDMENT TO THE JURIES ACT
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.
LIBEL AND SLANDER ACT
LIBEL AND SLANDER ACT
POTENTIAL AMENDMENT TO THE JURIES 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.
MAG Legislation
RULES OF CIVIL PROCEDURE - ESTATES
ESTATES ACT & COURTS OF JUSTICE ACT AMENDMENTS
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:
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
ESTATES ACT & COURTS OF JUSTICE ACT AMENDMENTS
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.
CHANGES TO FEE WAIVERS AND COURT FEES
CHANGES TO FEE WAIVERS AND COURT FEES
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.
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 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.
ONLINE TOOLS
REMOTE DEFENCE ACCESS
CIVIL CLAIMS ONLINE FILING SERVICE
CIVIL CLAIMS ONLINE FILING SERVICE
Remote Defence Access is now available in:
- South West Detention Centre
- Monteith Correctional Complex
- Ottawa Carleton Detention Centre
- Toronto South Detention Centre
If you'd like to get started, contact the ministry's innovation office via the email below and you'll be provided with a legal agreement form to complete
CIVIL CLAIMS ONLINE FILING SERVICE
CIVIL CLAIMS ONLINE FILING SERVICE
CIVIL CLAIMS ONLINE FILING SERVICE
The Ministry of the Attorney General (MAG) has enhanced the civil claims online filing service (Ontario.ca/civilclaims) based on feedback from legal associations and users.
As of November 26, 2018, you can:
- preview uploaded documents prior to submission;
- search online transactions by the case name;
- save the confirmation screen page;
- record parties’ contact information more quickly by reducing the data entry required; and
- input six-digit phone extensions.
JUSTICE SERVICES ONLINE
CIVIL CLAIMS ONLINE FILING SERVICE
JUSTICE SERVICES ONLINE
The Justice Services Online (JSO) Court Case Search Tool has been expanded to include certain Ontario Court of Justice criminal court case information, effective March 21, 2022.
The expansion of the Tool permits users to search case information about active criminal cases in the OCJ (excluding youth cases) and SCJ (youth cases are initialized). Active cases are those where:
- A future court date has been scheduled;
- There has been a court date within the past seven (7) days; or
- A bench warrant has been issued within the past five (5) years.
Both active and completed SCJ civil cases continue to be available in the Tool to assist with the completion of remote litigation searches.
For your general information, searches may be conducted by entering either the last or business name of the accused or litigant, or the case number, in full or in part (it is not required that both be entered). A list of up to fifty cases will then be generated. To narrow a search, users may enter the court location or first name of the accused or litigant, or for OCJ searches only, the accused person’s middle initial or year of birth. The case information available through the Tool includes:
- Case title;
- Case number;
- Court location;
- Next event/appearance type and date, if scheduled;
- Whether a publication ban has been ordered in the case;
- OCJ cases only: Date on which the Information was sworn;
- SCJ criminal cases only: Name of the legal representative and the date the accused was committed to stand trial in the SCJ; and
- SCJ civil cases only: Name of the legal representative, claim amount, date the case was opened and the most recent order type/date.
Users may still need to contact the court location where the matter was, or is, being heard if they are unable to find the information they are seeking, or they are seeking information about a case that is excluded from the Tool. Excluded cases include youth cases in the OCJ, older criminal cases in the OCJ and SCJ, and cases subject to a statutory or court-ordered access restriction.
The Tool is available at https://www.ontario.ca/page/search-court-cases-online
Any questions about this initiative may be directed to Vaia Pappas, Director, Operational Support Branch at 416-326-2514 or 'Pappas, Vaia (MAG)' Vaia.Pappas@ontario.ca .
JUDICIAL VACANCIES
OCJ - LONDON
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 London.
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
Website: https://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 Wednesday, October 13, 2022. 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.
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