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Amendments to Rules of Civil Procedure and Rules of the Small Claims Court

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: These regulations introduce new unsworn certificates of service for lawyers (under the Rules of Civil Procedure) and lawyers and paralegals (under the Rules of the Small Claims Court). Both regulations will come into force on January 30, 2023. The Rules of Civil Procedure amendments:
  • 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.
The new and revised forms prescribed under O. Reg. 520/22 are available on the Ontario Court Forms – Rules of Civil Procedure website and Ontario Court Forms – Estate Forms website. A summary of O. Reg. 520/22 is available on Ontario’s Regulatory Registry at: 22-MAG013 The Rules of the Small Claims Court amendments:
  • 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).
The new and revised forms prescribed under O. Reg. 521/22 are available on the Ontario Court Forms – Rules of the Small Claims Court Forms website. A summary of O. Reg. 521/22 is available on Ontario’s Regulatory Registry at: 22-MAG014
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