Ready, Set… File! Big Changes for Small Claims

watch-240

In one week, big changes come into effect for Small Claims Courts in the province.

Among the changes — paralegals will be able to electronically file more documents, including writs of seizure and sale under the Rules of Civil Procedure. These are among the modifications made, after discussions between the government and the Law Society of Upper Canada (LSUC).

Changes taking effect July 1 include two regulations that affect paralegal representatives:

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

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

  • 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.

Other changes took effect Jan. 1, 2014. These followed the Law Society of Upper Canada v. Chiarelli, 2013 ONSC 1428 (CanLII) and Law Society of Upper Canada v. Augier, 2013 ONSC 451 (CanLII) decisions from the Superior Court of Justice. In those cases, the Court and the Law Society indicated a move to crack down on unlicensed practice before Ontario’s Courts and Administrative Tribunals.

Got something to say, add, clarify or retract? Leave a Reply

%d bloggers like this: