Ontario Regulation 18/22
made under the
Courts of Justice Act
Made: December 29, 2021 Approved: January 18, 2022 Filed: January 21, 2022 Published on e-Laws: January 21, 2022 Printed in The Ontario Gazette: February 5, 2022
Amending Reg. 194 of R.R.O. 1990
(RULES OF CIVIL PROCEDURE)
1. Clause 48.03 (2) (c) of Regulation 194 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:
(c) any order under rule 50.07;
(c.1) the pre-trial conference report under rule 50.08; and
2. Rule 48.05 of the Regulation is amended by adding the following subrule:
(2) In placing an action on a trial list, the registrar shall take into account any applicable pre-trial conference scheduling requirements in rule 50.02.
3. (1) Subrule 50.02 (1) of the Regulation is amended by adding “and consistent with the requirements of subrule (2.1)” after “acceptable to all parties”.
(2) Clause 50.02 (2) (a) of the Regulation is amended by adding “consistent with the requirements of subrule (2.1)” after “date and time”.
(3) Rule 50.02 of the Regulation is amended by adding the following subrules:
(2.1) Unless otherwise provided by a court order or applicable practice direction, a pre-trial conference shall be scheduled for a date that is not more than 120 days and not less than 30 days before the later of the following dates:
1. The first day fixed for the trial.
2. The first day of the sitting during which the trial is expected to be held.
. . . . .
(4) This rule, as it read on March 30, 2022, continues to apply to an action that was set down for trial before March 31, 2022.
4. The Regulation is amended by adding the following rule:
Certificate of Readiness to be Filed (Actions)
50.03.1 (1) At least 30 days before a pre-trial conference in an action, each party shall deliver a certificate of readiness (Form 50A) indicating whether the party intends to call any expert evidence at trial, and, if so, for each expert,
(a) whether the report of the expert required by subrule 53.03 (1) or (2), as the case may be, was served on the other parties within the time specified by that subrule; and
(b) if the expert’s report was not served on the other parties within the time specified by subrule 53.03 (1) or (2), the reason why.
Application
(2) Subrule (1) applies regardless of any extension of the time to file the report.
(3) For greater certainty, if a pre-trial conference is rescheduled, subrule (1) applies with respect to the rescheduled pre-trial conference date.
5. Paragraph 9 of rule 50.06 of the Regulation is revoked.
6. Clause 50.07 (1) (a) of the Regulation is revoked and the following substituted:
(a) establish a timetable;
(a.1) if necessary, and subject to the direction of the regional senior judge or a judge designated by the regional senior judge, adjourn the date for the trial or hearing;
7. (1) Subrule 50.08 (1) of the Regulation is amended by striking out “If a date for a trial or hearing is fixed under clause 50.07 (1) (a)” at the beginning and substituting “Following the pre-trial conference”.
(2) Clause 50.08 (1) (c) of the Regulation is amended by striking out “scheduling”.
8. Rule 50.12 of the Regulation is amended by adding the following subrule:
Unproductive Pre-Trial Conference
(2) If the judge or associate judge determines that a pre-trial conference over which the judge or associate judge presided was unproductive for reasons relating to a party’s conduct, an order made under subrule (1) may require that the costs be paid immediately.
9. Subrule 53.03 (4) of the Regulation is amended by striking out “or” at the end of clause (a), by adding “or” at the end of clause (b) and by adding the following clause:
(c) on the written consent of the parties, except that the parties may not consent to an extension that would affect the scheduled trial date.
10. (1) Subrule 53.08 (1) of the Regulation is revoked and the following substituted:
Evidence Admissible only with Leave
(1) If evidence is admissible only with leave of the trial judge under a provision listed in subrule (2), leave may be granted if the party responsible for the applicable failure satisfies the judge that,
(a) there is a reasonable explanation for the failure; and
(b) granting the leave would not,
(i) cause prejudice to the opposing party that could not be compensated for by costs or an adjournment, or
(ii) cause undue delay in the conduct of the trial.
(2) Paragraph 5 of subrule 53.08 (2) of the Regulation is amended by striking out “(failure to serve expert’s report)” and substituting “(failure to comply with requirements re experts’ reports)”.
11. (1) The French version of subrule 76.09.1 (1) of the Regulation is amended by striking out “d’appeler un expert à témoigner” and substituting “de produire des témoignages d’experts”.
(2) Subrule 76.09.1 (2) of the Regulation is amended by striking out “An expert report” at the beginning and substituting “An expert’s report”.
12. (1) Subrule 76.10 (4) of the Regulation is amended by striking out “(materials to be filed before pre-trial conference)” in the portion before clause (a) and substituting “(pre-trial conference brief to be filed)”.
(2) Subrule 76.10 (5) of the Regulation is amended by revoking clause (c), by adding “and” at the end of clause (d) and by adding the following clause:
(e) make such other order as the judge or associate judge considers necessary or advisable with respect to the conduct of the proceeding.
13. Subrule 76.11 (1) of the Regulation is revoked and the following substituted:
Trial
Trial List
(1) This subrule, as it read on March 30, 2022, continues to apply to an action that was set down for trial before March 31, 2022.
14. The Table of Forms to the Regulation is amended by adding the following row:
50A


Certificate of Readiness


November 8, 2021
Commencement
15. This Regulation comes into force on the later of March 31, 2022 and the day this Regulation is filed.
Made by: Pris par :
Civil Rules Committee: Le Comité des règles en matière civile :
Shannon Chace
Executive Legal Officer/Avocate Directrice
Secretary of the Civil Rules Committee/
Secrétaire du Comité des règles en matière civile Court of Appeal for Ontario
Date made: December 29, 2021 Pris le : 29 décembre 2021
I approve this Regulation. J’approuve le présent règlement.
Le procureur général,
Doug Downey
Attorney General
Date approved: January 18, 2022 Approuvé le : 18 janvier 2022
 
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