Endorsement of Orders
 59.02 (1) An endorsement of an order shall be made on the appeal book, compendium, record, notice of motion, notice of application or on a separate document by the judge, associate judge or officer making the order. O. Reg. 689/20, s. 38; O. Reg. 383/21, s. 15. Requirements if Separate Document (2) A separate document on which an endorsement is made, (a) may be in paper or electronic format; (b) may include the reasons for the decision; and (c) shall include, (i) the name and signature of the judge, associate judge or officer making the order, (ii) the date on which the endorsement is made, (iii) the date of the hearing or conference, (iv) the nature of the hearing or conference, (v) the relief requested, (vi) the disposition made at the hearing or conference, and (vii) a list of the parties and lawyers who participated in the hearing or conference and a list of any parties or lawyers who did not participate in the hearing or conference. O. Reg. 689/20, s. 38; O. Reg. 383/21, s. 15. Court File (3) The registrar shall file endorsements in the court file. O. Reg. 689/20, s. 38. Preparation and Form of Order Preparation of Draft Order 59.03 (1) Any party or person affected by an order may prepare a draft order and send it to all parties who participated in the hearing or conference for approval of its form and content. O. Reg. 689/20, s. 39. Approval (2) If all the parties who participated in the hearing or conference approve the draft order, the party or other person who prepared the draft order may request that it be issued by the registrar by filing, (a) the draft order; and (b) evidence that the parties have approved the draft order. O. Reg. 689/20, s. 39. General Form of Order (3) A draft order must be in Form 59A (order), 59B (judgment) or 59C (order or certificate on appeal) and must contain, (a) the name of the judge, associate judge or officer who made the order; (b) the date on which the order was made; (c) a recital of the particulars necessary to understand the order, including the date of the hearing or conference, the parties who participated in the hearing or conference and those who did not, and any undertaking given by a party as a condition of the order; and (d) if the order is for the payment of money on which postjudgment interest is payable, the rate of interest and the date from which interest is payable. O. Reg. 689/20, s. 39; O. Reg. 383/21, s. 15. (4) The operative parts of an order shall be divided into paragraphs, numbered consecutively.  R.R.O. 1990, Reg. 194, r. 59.03 (4). Order Directing Payment for Minor (5) An order directing payment into court or to a trustee on behalf of a minor shall show the minor’s birth date and full address and shall direct that a copy of the order be served on the Children’s Lawyer.  R.R.O. 1990, Reg. 194, r. 59.03 (5); O. Reg. 69/95, s. 19. Order for Costs (6) An order for the payment of costs shall direct payment to the party entitled to receive the costs and not to the party’s lawyer.  R.R.O. 1990, Reg. 194, r. 59.03 (6); O. Reg. 575/07, s. 1. Order on which Interest Payable (7) An order for the payment of money on which postjudgment interest is payable shall set out the rate of interest and the date from which interest is payable.  R.R.O. 1990, Reg. 194, r. 59.03 (7). (8) Revoked:  O. Reg. 131/04, s. 14. Issuing Orders Issuance 59.04 (1) An order is considered to have been issued on the completion of the following steps: 1. The signing of the order, i. by the judge, associate judge or officer making the order, or ii. by the registrar in accordance with subrule (3). 2. The registrar’s dating and sealing of the order with the seal of the court. O. Reg. 689/20, s. 40; O. Reg. 383/21, s. 15. Electronic Issuance (2) If an order is issued electronically, (a) subrule (1) applies instead of subrule 4.05 (1.1); and (b) for greater certainty, the order may be sealed by use of an electronic version of the seal. O. Reg. 689/20, s. 40. Registrar’s Signature (3) A registrar where the hearing or conference was held or where the proceeding was commenced may sign a draft order filed under subrule 59.03 (2), if the registrar is satisfied that the draft order, (a) is in proper form; and (b) complies with and reflects the terms of an endorsement or decision made by the person indicated in the draft order. O. Reg. 689/20, s. 40. Provision of Issued Order (4) An issued order shall be provided to the person who filed the draft order by, (a) having the order e-mailed to, (i) the e-mail address most recently indicated for the person in the applicable court file, or (ii) the e-mail address most recently indicated for the person’s lawyer in the applicable court file or, if no e-mail address is indicated in the court file, the e-mail address for the lawyer as published on the Law Society of Ontario’s website; (b) providing the order through CaseLines, if CaseLines is being used for the hearing or conference; or (c) making the order available for pickup at the court counter, at the person’s request or if e-mail or CaseLines is not available. O. Reg. 689/20, s. 40. Procedure if Registrar not Satisfied (5) If the registrar is not satisfied that the draft order meets requirements set out in subrule (3), the registrar shall provide notice using a method set out in subrule (4) to the person who filed the draft order that it does not comply with the requirements. O. Reg. 689/20, s. 40. (6) If the person receives a notice from the registrar under subrule (5), the person may, (a) file a revised draft order and, if required by the registrar, file the approval of the parties to the order in that form; or (b) obtain an appointment to have the order settled by the person who made the order, in which case notice of the appointment (Form 59D) shall be served on all parties who participated in the hearing or conference and filed, with proof of service, at least seven days before the appointment date. O. Reg. 689/20, s. 40. Appointment to Settle Where Form of Draft Order not Approved (7) If approval of the draft order by the parties who participated in the hearing or conference is not received, the person may obtain an appointment to have the order settled by the registrar or, if the registrar considers it necessary, by the person who made the order, and notice of the appointment (Form 59D) shall be served on all other parties who participated in the hearing or conference and filed, with proof of service, at least seven days before the appointment date. O. Reg. 689/20, s. 40. Urgent Cases (8) In a case of urgency, the order may be settled and signed by the person who made it without the approval of any of the parties who participated in the hearing or conference. O. Reg. 689/20, s. 40. Appointment to Settle Disputed Order (9) If an objection is taken to the proposed form of the order in the course of its settlement before a registrar, the registrar shall settle the order in the form the registrar considers proper and the objecting party may obtain an appointment with the person who made the order to settle the part of the order to which objection has been taken, in which case the objecting party shall serve notice of the appointment (Form 59D) on all other parties who participated in the hearing or conference and file it, with proof of service, at least seven days before the appointment date. O. Reg. 689/20, s. 40. (10) If the order was made by a court that consisted of more than one judge, the appointment shall be with the judge who presided at the hearing or, where that judge is unavailable, any other judge who participated in the hearing. O. Reg. 689/20, s. 40. (11) The judge with whom an appointment is obtained under subrule (10) may refer the settling of the order to the full court that made the order. O. Reg. 689/20, s. 40. (12) If an appointment is not obtained under subrule (9) or (10) within seven days after the registrar settles the order, the person who filed the draft order or any party may require the registrar to issue the order as settled by the registrar. O. Reg. 689/20, s. 40. (13) After an order has been settled under subrule (9) by the person who made it, or under subrule (10) or (11), the registrar shall issue the order. O. Reg. 689/20, s. 40. Ceasing to Hold Office or Incapacity (14) If a judge ceases to hold office or becomes incapacitated after making an order but before it is signed, another judge may settle and sign it. O. Reg. 689/20, s. 40. (15) If an associate judge ceases to hold office or becomes incapacitated after making an order but before it is signed, another associate judge or a judge may settle and sign it. O. Reg. 689/20, s. 40; O. Reg. 383/21, s. 15. Transition (16) This rule, as it read immediately before the day section 40 of Ontario Regulation 689/20 came into force, continues to apply with respect to any orders that were issued before that day and any draft orders that were filed before that day. O. Reg. 689/20, s. 40. Entering Orders Order to be Entered and Filed 59.05 (1) On the issuance of an order, the registrar shall, (a) enter the issued order in accordance with subrule (2) at the place where the proceeding was commenced or to which it has been transferred under rule 13.1.02; and (b) file it in the court file. O. Reg. 689/20, s. 41; O. Reg. 248/21, s. 8 (1). (2) The registrar shall enter the issued order by saving a copy of the order in electronic format in the court’s case tracking system and entering details about the order as required by the case tracking system. O. Reg. 689/20, s. 41. (3) An order of the Court of Appeal shall be entered not only by the registrar referred to in subrule (1) but also by the Registrar of the Court of Appeal. O. Reg. 689/20, s. 41. (4) The certificate of the Registrar of the Supreme Court of Canada in respect of an order made on an appeal to that court shall be entered by the registrar in the office where the action or application was commenced, and all subsequent steps may be taken as if the order had been made in the court from which the appeal was taken. O. Reg. 689/20, s. 41; O. Reg. 248/21, s. 8 (2). Transition (5) This rule, as it read immediately before the day section 41 of Ontario Regulation 689/20 came into force, continues to apply with respect to any orders that were issued before that day. O. Reg. 689/20, s. 41. Amending, Setting Aside or Varying Order Amending 59.06 (1) An order that contains an error arising from an accidental slip or omission or requires amendment in any particular on which the court did not adjudicate may be amended on a motion in the proceeding.  R.R.O. 1990, Reg. 194, r. 59.06 (1). Setting Aside or Varying (2) A party who seeks to, (a) have an order set aside or varied on the ground of fraud or of facts arising or discovered after it was made; (b) suspend the operation of an order; (c) carry an order into operation; or (d) obtain other relief than that originally awarded, may make a motion in the proceeding for the relief claimed.  R.R.O. 1990, Reg. 194, r. 59.06 (2).