Electronic Filing – Small Claims Update

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Paralegals will be able to electronically file more documents, including writs of seizure and sale under the Rules of Civil Procedure, after discussions between the government and the Law Society of Upper Canada.

 
The changes take effect July 1. Two regulations that affect paralegals are:

    O. Reg. 43/14 (RCP amendment regulation)
    O. Reg. 44/14 (SCCR amendment regulation)

These amendments will:

  • Expand the electronic filing service to Writs of Seizure and Sale of Land under the Rules of the Small Claims Court
  • Give authority to paralegals to use the service
  • Give the sheriff the right to audit writ activity conducted electronically and withdraw any invalid transactions
  • Give creditors the ability to correct errors committed within two business days of the date of electronically filing the writ without requiring an order of the court.

Rules and regulations affecting small claims court this year include updates to:

RULE 8 – SERVICE
RULE 9 – DEFENCE
RULE 10 – DEFENDANT’S CLAIM
RULE 11 – DEFAULT PROCEEDINGS
RULE 12 – AMENDMENT, STRIKING OUT, STAY AND DISMISSAL
RULE 13 – SETTLEMENT CONFERENCES
RULE 19 – COSTS
RULE 20 – ENFORCEMENT OF ORDERS

The Table of Forms is also amended, effective July 1, 2014.

More Information:

Andrew Hyland’s article about a host of Small Claims Court changes in effect, or about to become effective: “Electronic Filing, Service Changes: SCC Update”

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