Amendments to Rules of Civil Procedure and Rules of the Small Claims Court (O. Reg. 520/22 and O. Reg. 521/22)
On November 15, 2022, two regulations were filed to amend the court rules and forms for civil and Small Claims Court proceedings:
- O. Reg. 520/22, amending the Rules of Civil Procedure, posted on e-Laws at https://www.ontario.ca/laws/regulation/r22520
- O. Reg. 521/22, amending the Rules of the Small Claims Court, posted on e-Laws at https://www.ontario.ca/laws/regulation/r22521
- introduce two new unsworn lawyer’s certificates of service (Form 16B.1 for general use and Form 74B.1 for probate applications) to prove that a document was either served by the lawyer or caused to be served by the lawyer;
- designate the lawyer’s certificate of service, as well as electronic filing of certain enforcement documents, as an exception to the general rule that self-represented litigants may perform any step assigned to lawyers under the rules;
- update the name and terminology of the Form 16C certificate of service available to the Sheriff;
- update references to affidavits of service to clarify the applicable forms of proof of service; and
- prescribe revised versions of Forms 74.44, 74.49.2, 74.49.3, 74.50, 74.51, and 75.8 to update their existing references to affidavits of service.
- introduce a new unsworn lawyer or paralegal’s certificate of service (Form 8B) to prove that a document was either served by the lawyer or paralegal or caused to be served by the lawyer or paralegal;
- update existing provisions that refer to the use of affidavits of service;
- move the provision about proof of service within the service rule (Rule 8) for better organization;
- update references to affidavits of service to clarify the applicable forms of proof;
- prescribe a revised version of the Form 8A affidavit of service to better capture existing service methods and to add information about using a lawyer or paralegal’s certificate of service as an alternative form of proof of service; and
- prescribe revised versions of Forms 7A, 9A, 10A, 15A, and 20H to update their existing references to affidavits of service and make housekeeping updates (e.g. updated links to Ontario.ca pages).