Changes to the Rules as of March 31, 2022

Following O. Reg. 18/22 which was introduced on January 21, 2022, twelve amendments, a new rule, and a new form to the Rules of Civil Procedure will come into force as of March 31, 2022.

This regulation focuses on amendments to the service of experts’ reports, the scheduling of pre-trial conferences, the test for leave to admit evidence at trial, and other related provisions.

Notable Rule Amendments:

1. A new subrule to Rule 50.02, which will now require the pre-trial conference in every action to be held no more than 120 days and no fewer than 30 days before the date when trial is scheduled to begin, OR the first day of the sitting during which the trial is expected to be held;
2. Creation of Rule 50.03.01, which will require every party to an action to certify whether they intend to rely on expert evidence at trial, and, if so, whether counsel have served their respective experts’ reports within the permitted time under the rules;
3. An amendment to Rule 50.08 to require the presiding judge (or associate judge) at the pre-trial conference to produce a pre-trial conference report in every case;
4. A new subrule to Rule 50.12 to permit the judge (or associate judge) chairing the pre-trial conference to order costs payable immediately if they determine that the conference was unproductive due to a party’s conduct;
5. A revision to the test in Rule 53.08 for leave to admit evidence following a failure to respect the rules, to require the party seeking leave to satisfy the judge that there was a reasonable explanation for the failure and that granting leave would not cause prejudice to the opposing party that could not be compensated for through costs or an adjournment, nor cause undue delay in the conduct of the trial; and
6. Making various consequential amendments and housekeeping amendments to the Rules of Civil Procedure.

New Form – Form 50A:

Form 50A, a Certificate of Readiness, will be introduced. Form 50A will require that every party to an action will have to serve and file this form at least 30 days prior to the pre-trial conference to indicate the status of the experts’ reports (if any).