A Guide About Changes to The Rules of Civil Procedures Ontario

On October 9, 2024, Ontario approved amendments to Regulation 194 under the Courts of Justice Act. These changes, filed as O. Reg. 384/24 on October 15, 2024, introduce new certification requirements and procedural updates. The amendments will take effect on December 1, 2024.

Here is a breakdown of what these changes mean for legal professionals, litigants, and experts.

Certification of Authorities in Factums

The amendments introduce a new requirement for factums. Every factum must now include a certification statement. The lawyer, self-represented litigant, or an authorized person must certify the authenticity of every authority cited in the factum.

Authorities published by trusted sources are presumed authentic. These include:

• Government websites or printers.
• CanLII.
• Court websites.
• Commercial publishers of court decisions.

If authenticity is disputed, evidence must be provided. This requirement increases accountability and reduces the likelihood of disputes over the credibility of cited materials.

Implications for Lawyers and Litigants

• Lawyers must ensure every authority they cite is reliable.
• Factums must comply with the certification rule to avoid rejection or delays.
• Trust in submissions improves, benefiting the entire legal process.

Certification in Expert Reports

Expert reports also face new rules. Experts must certify the authenticity of every authority, document, or record cited in their reports. The rule has specific exceptions, including:

• Evidence provided to the expert by the parties.
• Documents cited only to address another expert’s use of the same source.
• Documents whose authenticity is questioned within the report.

Trusted Sources for Expert Reports

• Government websites.
• Scholarly journals.
• Commercial publishers of subject-specific research.

Experts must include this certification in their signed reports. Additionally, Form 53, which outlines an expert’s duty, now incorporates this certification statement.

Implications for Experts

• Experts must thoroughly review all sources they cite.
• Certification ensures reliability, reducing disputes over cited materials.
• Compliance with these requirements is mandatory.

Court-Appointed Experts

The amendments clarify that the same requirements for party-engaged experts apply to court-appointed experts. This change ensures consistent standards across all expert reports.

Key Takeaways

• Certification applies equally to all experts.
• Uniform standards improve the credibility of expert evidence.

Updates to Appeal and Judicial Review Factums

Factum certification rules now apply to appeals and judicial reviews. The changes harmonize these provisions with the broader certification requirements for all factums.

Practical Benefits

• Consistency across procedural contexts.
• Simplified rules for lawyers handling appeals and judicial reviews.

Simplified Proof of Service for Applications

The new rules eliminate the need to file a duplicate copy of a notice of application when filing proof of service. This procedural change reduces redundant documentation and simplifies the filing process.

What This Means

• Less paperwork for lawyers and court staff.
• More efficient filing procedures.

Minor Consequential Amendments

The regulation includes minor changes for consistency and clarity. These adjustments support the primary objectives of the amendments without introducing new substantive requirements.

Practical Implications for Legal Professionals

1. Increased Due Diligence: Lawyers and experts must thoroughly vet all authorities and sources they use. Certification requirements demand stricter verification processes.
2. Enhanced Efficiency: The removal of redundant filing steps streamlines procedures. Lawyers can focus more on substantive legal work.
3. Improved Trust in Legal Submissions: Certification ensures the authenticity of materials, fostering greater confidence in the litigation process.
4. Uniform Standards: Consistent rules for party-engaged and court-appointed experts simplify compliance.

How to Prepare for These Amendments

For Lawyers

• Review your processes for citing authorities in factums.
• Ensure all team members understand the new certification requirements.
• Use trusted sources for all cited materials.

For Experts

• Familiarize yourself with the new certification rules.
• Review all cited materials for authenticity before submission.
• Update your report templates to include the certification statement. 

For Law Firms

• Provide training on the new rules to staff and associates.
• Develop checklists for compliance with certification requirements.
• Ensure systems are in place to streamline filing under the updated rules.

Final Thoughts

These amendments reflect Ontario’s commitment to streamlining civil procedure and enhancing the reliability of legal submissions. By introducing certification requirements and simplifying processes, the new rules aim to build greater trust and efficiency in the justice system.

At Cowan & Carter Law Firm, we understand the complexities that legal amendments can introduce to your cases. Our team of experienced civil litigation lawyers in Toronto is committed to providing top-tier litigation services tailored to meet your unique needs. 

With a proven track record of success in litigation practices, our litigation firm in Toronto is well-equipped to guide you through these regulatory changes.

If you have questions about how these amendments may affect your case or need assistance with civil litigation matters, contact us today. Our experienced team is here to provide the guidance and representation you need to navigate Ontario’s evolving legal landscape.

DISCLAIMER: Please note this article is not legal advice. You should always consult a lawyer for legal advice regarding your particular situation. The article is not necessarily a complete and/or accurate explanation of the law – it is an article of a general nature.

Published on December 4, 2024