On December 1, 2024, amendments to O. Reg. 384/24 came into force. This regulation amends the Rules of Civil Procedure[1] in Ontario to implement changes regarding the certification of authorities cited in legal documents and expert reports, as well as eliminating duplicate filing requirements for notices of application.[2]
The regulation amends seven Rules and one form, as follows:
Factums - Rule 4.06.1(2.1) & (2.2)
Under Rule 4.06.1(2.1), every factum filed under the Rules to be accompanied by a statement from the filing lawyer or self-represented litigant, certifying that they are satisfied as to the authenticity of every authority cited in the factum.
Authorities published on government websites, CanLII, court websites, or by commercial publishers are presumed authentic for the purposes of subrule (2.1), unless evidence suggests otherwise. See Rule 4.06.1(2.2).
Existing provisions referring to certification statements in appeal and judicial review factums are revised to harmonize with the new certification of authenticity provisions for all factums.[3]
Expert Reports – Rule 53.03(2.1)
Every expert report under Rule 53.03 must include a signed statement from the expert witness, certifying that they are satisfied as to the authenticity of every authority or document cited in their report.
Exceptions apply for evidence analyzed by the expert, authorities cited to address another expert's use, and authorities whose authenticity is questioned in the report. Documents from government sources, scholarly journals, or commercial publishers on the subject are presumed authentic, absent evidence to the contrary.
The regulation adds a certification of authenticity statement to Form 53 (Acknowledgment of Expert's Duty), which must be signed by every party-engaged expert, in addition to the certification requirement in their report. The revised Form 53 is available for download on the Ontario Court Forms website.
The regulation clarifies that the requirements for party-engaged expert reports also apply to reports prepared by court-appointed experts. Rule 52.03(7) provides that the expert shall prepare and send to the registrar a report containing the information listed in subrule 53.03 (2.1), other than an acknowledgment of expert’s duty (Form 53).
Service of Notice
Under Rule 38.06(4), the requirement to file a copy of a notice of application when filing proof of service of that notice is removed.
A summary of O. Reg. 384/24 is available on Ontario’s Regulatory Registry at 24-MAG009.
[2] Rules of Civil Procedure. O. Reg. 575/07, s. 6 (1).
[3] See Rules 61.11(1) and (5), Rule 61.12(3) and (5.3) and Rule 68.04(3) and (6).
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