jswizzle3737/ontario_laws_and_regs huggingface dataset:
131 (1) Subject to the provisions of an Act or rules of court, the costs of and incidental to a proceeding or a step in a proceeding are in the discretion of the court, and the court may determine by whom and to what extent the costs shall be paid.  R.S.O. 1990, c. C.43, s. 131 (1). Crown costs (2) In a proceeding to which Her Majesty is a party, costs awarded to Her Majesty shall not be disallowed or reduced on assessment merely because they relate to a lawyer who is a salaried officer of the Crown, and costs recovered on behalf of Her Majesty shall be paid into the Consolidated Revenue Fund.  R.S.O. 1990, c. C.43, s. 131 (2); 1994, c. 12, s. 45. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 45 - 28/02/1995 Appeals
132 A judge shall not sit as a member of a court hearing an appeal from his or her own decision.  R.S.O. 1990, c. C.43, s. 132.
133 No appeal lies without leave of the court to which the appeal is to be taken, (a)  from an order made with the consent of the parties; or (b)  where the appeal is only as to costs that are in the discretion of the court that made the order for costs.  R.S.O. 1990, c. C.43, s. 133.
134 (1) Unless otherwise provided, a court to which an appeal is taken may, (a)  make any order or decision that ought to or could have been made by the court or tribunal appealed from; (b)  order a new trial; (c)  make any other order or decision that is considered just.  R.S.O. 1990, c. C.43, s. 134 (1). Interim orders (2) On motion, a court to which a motion for leave to appeal is made or to which an appeal is taken may make any interim order that is considered just to prevent prejudice to a party pending the appeal.  1999, c. 12, Sched. B, s. 4 (3). Power to quash (3) On motion, a court to which an appeal is taken may, in a proper case, quash the appeal. Determination of fact (4) Unless otherwise provided, a court to which an appeal is taken may, in a proper case, (a)  draw inferences of fact from the evidence, except that no inference shall be drawn that is inconsistent with a finding that has not been set aside; (b)  receive further evidence by affidavit, transcript of oral examination, oral examination before the court or in such other manner as the court directs; and (c)  direct a reference or the trial of an issue, to enable the court to determine the appeal. Scope of decisions (5) The powers conferred by this section may be exercised even if the appeal is as to part only of an order or decision, and may be exercised in favour of a party even though the party did not appeal.  R.S.O. 1990, c. C.43, s. 134 (3-5). New trial (6) A court to which an appeal is taken shall not direct a new trial unless some substantial wrong or miscarriage of justice has occurred.  R.S.O. 1990, c. C.43, s. 134 (6); 1994, c. 12, s. 46 (1). Same (7) Where some substantial wrong or miscarriage of justice has occurred but it affects only part of an order or decision or some of the parties, a new trial may be ordered in respect of only that part or those parties.  R.S.O. 1990, c. C.43, s. 134 (7); 1994, c. 12, s. 46 (2). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 46 (1, 2) - 28/02/1995; 1999, c. 12, Sched. B, s. 4 (3) - 22/12/1999 Public Access
135 (1) Subject to subsection (2) and rules of court, all court hearings shall be open to the public. Exception (2) The court may order the public to be excluded from a hearing where the possibility of serious harm or injustice to any person justifies a departure from the general principle that court hearings should be open to the public. Disclosure of information (3) Where a proceeding is heard in the absence of the public, disclosure of information relating to the proceeding is not contempt of court unless the court expressly prohibited the disclosure of the information.  R.S.O. 1990, c. C.43, s. 135.
136 (1) Subject to subsections (2) and (3), no person shall, (a)  take or attempt to take a photograph, motion picture, audio recording or other record capable of producing visual or aural representations by electronic means or otherwise, (i)  at a court hearing, (ii)  of any person entering or leaving the room in which a court hearing is to be or has been convened, or (iii)  of any person in the building in which a court hearing is to be or has been convened where there is reasonable ground for believing that the person is there for the purpose of attending or leaving the hearing; (b)  publish, broadcast, reproduce or otherwise disseminate a photograph, motion picture, audio recording or record taken in contravention of clause (a); or (c)  broadcast or reproduce an audio recording made as described in clause (2) (b).  R.S.O. 1990, c. C.43, s. 136 (1). Exceptions (2) Nothing in subsection (1), (a)  prohibits a person from unobtrusively making handwritten notes or sketches at a court hearing; or (b)  prohibits a lawyer, a party acting in person or a journalist from unobtrusively making an audio recording at a court hearing, in the manner that has been approved by the judge, for the sole purpose of supplementing or replacing handwritten notes.  R.S.O. 1990, c. C.43, s. 136 (2); 1996, c. 25, s. 1 (22). Exceptions (3) Subsection (1) does not apply to a photograph, motion picture, audio recording or record made with authorization of the judge, (a)  where required for the presentation of evidence or the making of a record or for any other purpose of the court hearing; (b)  in connection with any investitive, naturalization, ceremonial or other similar proceeding; or (c)  with the consent of the parties and witnesses, for such educational or instructional purposes as the judge approves. Offence (4) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than six months, or to both.  R.S.O. 1990, c. C.43, s. 136 (3, 4). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 1 (22) - 31/10/1996
137 (1) On payment of the prescribed fee, a person is entitled to see any document filed in a civil proceeding in a court, unless an Act or an order of the court provides otherwise. Sealing documents (2) A court may order that any document filed in a civil proceeding before it be treated as confidential, sealed and not form part of the public record. Court lists public (3) On payment of the prescribed fee, a person is entitled to see any list maintained by a court of civil proceedings commenced or judgments entered. Copies (4) On payment of the prescribed fee, a person is entitled to a copy of any document the person is entitled to see.  R.S.O. 1990, c. C.43, s. 137. Prevention of Proceedings that Limit Freedom of Expression on Matters of Public Interest (Gag Proceedings) Dismissal of proceeding that limits debate
137.1 (1) The purposes of this section and sections 137.2 to 137.5 are, (a)  to encourage individuals to express themselves on matters of public interest; (b)  to promote broad participation in debates on matters of public interest; (c)  to discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and (d)  to reduce the risk that participation by the public in debates on matters of public interest will be hampered by fear of legal action. 2015, c. 23, s. 3. Definition, “expression” (2) In this section, “expression” means any communication, regardless of whether it is made verbally or non-verbally, whether it is made publicly or privately, and whether or not it is directed at a person or entity. 2015, c. 23, s. 3. Order to dismiss (3) On motion by a person against whom a proceeding is brought, a judge shall, subject to subsection (4), dismiss the proceeding against the person if the person satisfies the judge that the proceeding arises from an expression made by the person that relates to a matter of public interest. 2015, c. 23, s. 3. No dismissal (4) A judge shall not dismiss a proceeding under subsection (3) if the responding party satisfies the judge that, (a)  there are grounds to believe that, (i)  the proceeding has substantial merit, and (ii)  the moving party has no valid defence in the proceeding; and (b)  the harm likely to be or have been suffered by the responding party as a result of the moving party’s expression is sufficiently serious that the public interest in permitting the proceeding to continue outweighs the public interest in protecting that expression. 2015, c. 23, s. 3. No further steps in proceeding (5) Once a motion under this section is made, no further steps may be taken in the proceeding by any party until the motion, including any appeal of the motion, has been finally disposed of. 2015, c. 23, s. 3. No amendment to pleadings (6) Unless a judge orders otherwise, the responding party shall not be permitted to amend his or her pleadings in the proceeding, (a)  in order to prevent or avoid an order under this section dismissing the proceeding; or (b)  if the proceeding is dismissed under this section, in order to continue the proceeding. 2015, c. 23, s. 3. Costs on dismissal (7) If a judge dismisses a proceeding under this section, the moving party is entitled to costs on the motion and in the proceeding on a full indemnity basis, unless the judge determines that such an award is not appropriate in the circumstances. 2015, c. 23, s. 3. Costs if motion to dismiss denied (8) If a judge does not dismiss a proceeding under this section, the responding party is not entitled to costs on the motion, unless the judge determines that such an award is appropriate in the circumstances. 2015, c. 23, s. 3. Damages (9) If, in dismissing a proceeding under this section, the judge finds that the responding party brought the proceeding in bad faith or for an improper purpose, the judge may award the moving party such damages as the judge considers appropriate. 2015, c. 23, s. 3. Section Amendments with date in force (d/m/y) 2015, c. 23, s. 3
- 03/11/2015 Procedural matters
137.2 (1) A motion to dismiss a proceeding under section 137.1 shall be made in accordance with the rules of court, subject to the rules set out in this section, and may be made at any time after the proceeding has commenced. 2015, c. 23, s. 3. Motion to be heard within 60 days (2) A motion under section 137.1 shall be heard no later than 60 days after notice of the motion is filed with the court. 2015, c. 23, s. 3. Hearing date to be obtained in advance (3) The moving party shall obtain the hearing date for the motion from the court before notice of the motion is served. 2015, c. 23, s. 3. Limit on cross-examinations (4) Subject to subsection (5), cross-examination on any documentary evidence filed by the parties shall not exceed a total of seven hours for all plaintiffs in the proceeding and seven hours for all defendants. 2015, c. 23, s. 3. Same, extension of time (5) A judge may extend the time permitted for cross-examination on documentary evidence if it is necessary to do so in the interests of justice. 2015, c. 23, s. 3. Section Amendments with date in force (d/m/y) 2015, c. 23, s. 3
- 03/11/2015
137.3 An appeal of an order under section 137.1 shall be heard as soon as practicable after the appellant perfects the appeal. 2015, c. 23, s. 3. Section Amendments with date in force (d/m/y) 2015, c. 23, s. 3 - 03/11/2015
137.4 (1) If the responding party has begun a proceeding before a tribunal, within the meaning of the Statutory Powers Procedure Act, and the moving party believes that the proceeding relates to the same matter of public interest that the moving party alleges is the basis of the proceeding that is the subject of his or her motion under section 137.1, the moving party may file with the tribunal a copy of the notice of the motion that was filed with the court and, on its filing, the tribunal proceeding is deemed to have been stayed by the tribunal. 2015, c. 23, s. 3. Notice (2) The tribunal shall give to each party to a tribunal proceeding stayed under subsection (1), (a)  notice of the stay; and (b)  a copy of the notice of motion that was filed with the tribunal. 2015, c. 23, s. 3. Duration (3) A stay of a tribunal proceeding under subsection (1) remains in effect until the motion, including any appeal of the motion, has been finally disposed of, subject to subsection (4). 2015, c. 23, s. 3. Stay may be lifted (4) A judge may, on motion, order that the stay is lifted at an earlier time if, in his or her opinion, (a)  the stay is causing or would likely cause undue hardship to a party to the tribunal proceeding; or (b)  the proceeding that is the subject of the motion under section 137.1 and the tribunal proceeding that was stayed under subsection (1) are not sufficiently related to warrant the stay. 2015, c. 23, s. 3. Same (5) A motion under subsection (4) shall be brought before a judge of the Superior Court of Justice or, if the decision made on the motion under section 137.1 is under appeal, a judge of the Court of Appeal. 2015, c. 23, s. 3. Statutory Powers Procedure Act (6) This section applies despite anything to the contrary in the Statutory Powers Procedure Act. 2015, c. 23, s. 3. Section Amendments with date in force (d/m/y) 2015, c. 23, s. 3
- 03/11/2015
137.5 Sections 137.1 to 137.4 apply in respect of proceedings commenced on or after the day the Protection of Public Participation Act, 2015 received first reading. 2015, c. 23, s. 3. Section Amendments with date in force (d/m/y) 2015, c. 23, s. 3
- 03/11/2015 Miscellaneous
138 As far as possible, multiplicity of legal proceedings shall be avoided.  R.S.O. 1990, c. C.43, s. 138.
139 (1) Where two or more persons are jointly liable in respect of the same cause of action, a judgment against or release of one of them does not preclude judgment against any other in the same or a separate proceeding.  R.S.O. 1990, c. C.43, s. 139 (1); 1993, c. 27, Sched. Two proceedings in respect of same damage (2) Where a person who has suffered damage brings two or more proceedings in respect of the damage, the person is not entitled to costs in any of the proceedings, except the first proceeding in which judgment is obtained, unless the court is of the opinion that there were reasonable grounds for bringing more than one proceeding.  R.S.O. 1990, c. C.43, s. 139 (2). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991
140 (1) Where a judge of the Superior Court of Justice is satisfied, on application, that a person has persistently and without reasonable grounds, (a)  instituted vexatious proceedings in any court; or (b)  conducted a proceeding in any court in a vexatious manner, the judge may order that, (c)  no further proceeding be instituted by the person in any court; or (d)  a proceeding previously instituted by the person in any court not be continued, except by leave of a judge of the Superior Court of Justice.  R.S.O. 1990, c. C.43, s. 140 (1); 1996, c. 25, s. 9 (17). (2) Repealed:  1998, c. 18, Sched. B, s. 5 (2). Application for leave to proceed (3) Where a person against whom an order under subsection (1) has been made seeks leave to institute or continue a proceeding, the person shall do so by way of an application in the Superior Court of Justice.  R.S.O. 1990, c. C.43, s. 140 (3); 1996, c. 25, s. 9 (17). Leave to proceed (4) Where an application for leave is made under subsection (3), (a)  leave shall be granted only if the court is satisfied that the proceeding sought to be instituted or continued is not an abuse of process and that there are reasonable grounds for the proceeding; (b)  the person making the application for leave may seek the rescission of the order made under subsection (1) but may not seek any other relief on the application; (c)  the court may rescind the order made under subsection (1); (d)  the Attorney General is entitled to be heard on the application; and (e)  no appeal lies from a refusal to grant relief to the applicant. Abuse of process (5) Nothing in this section limits the authority of a court to stay or dismiss a proceeding as an abuse of process or on any other ground.  R.S.O. 1990, c. C.43, s. 140 (4, 5). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (17) - 19/04/1999; 1998, c. 18, Sched. B, s. 5 (2) - 18/12/1998
141 (1) Unless an Act provides otherwise, orders of a court arising out of a civil proceeding and enforceable in Ontario shall be directed to a sheriff for enforcement. Police to assist sheriff (2) A sheriff who believes that the execution of an order may give rise to a breach of the peace may require a police officer to accompany the sheriff and assist in the execution of the order.  R.S.O. 1990, c. C.43, s. 141.
142 A person is not liable for any act done in good faith in accordance with an order or process of a court in Ontario.  R.S.O. 1990, c. C.43, s. 142. Enforcement
143 (1) A bond or recognizance arising out of a civil proceeding may be enforced in the same manner as an order for the payment of money by leave of a judge on motion by the Attorney General or any other person entitled to enforcement. Fines for contempt (2) A fine for contempt of court may be enforced by the Attorney General in the same manner as an order for the payment of money or in any other manner permitted by law. Sheriff (3) The sheriff to whom a writ obtained under subsection (1) or (2) is directed shall proceed immediately to carry out the writ without a direction to enforce.  R.S.O. 1990, c. C.43, s. 143. 143.1 Repealed:  1999, c. 12, Sched. B, s. 4 (4). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. B, s. 4 (4) - 31/12/2011
144 Warrants of committal, warrants for arrest and any other orders requiring persons to be apprehended or taken into custody shall be directed to police officers for enforcement.  R.S.O. 1990, c. C.43, s. 144.
145 Where a person who is ordinarily resident in a foreign country is entitled to money or property that is in the hands of a court or an executor or administrator, and if the foreign country has a consul in Canada who is authorized to act as the person’s official representative, the money or property may be paid or delivered to the consul.  R.S.O. 1990, c. C.43, s. 145.
146 Jurisdiction conferred on a court, a judge or a justice of the peace shall, in the absence of express provision for procedures for its exercise in any Act, regulation or rule, be exercised in any manner consistent with the due administration of justice.  R.S.O. 1990, c. C.43, s. 146.
147 (1) The courts shall have such seals as are approved by the Attorney General. Same (2) Every document issued out of a court in a civil proceeding shall bear the seal of the court.  R.S.O. 1990, c. C.43, s. 147.
148 The Federal Court of Canada has jurisdiction, (a)  in controversies between Canada and Ontario; (b)  in controversies between Ontario and any other province in which an enactment similar to this section is in force, in accordance with section 19 of the Federal Courts Act
(Canada).  R.S.O. 1990, c. C.43, s. 148. Part Vii.1   Enforcement of Certain Trade Agreements
148.1 This Part applies to the following agreements: 1.  The Agreement on Internal Trade, signed in 1994 by the governments of Canada, the provinces of Canada, the Northwest Territories and the Yukon Territory, as amended from time to time. 2.  The Canadian Free Trade Agreement, signed in 2017 by the governments of Canada and the provinces and territories of Canada, as amended from time to time. 3.  Other prescribed domestic trade agreements that the Government of Ontario has entered into with the government of another province or territory of Canada, the Government of Canada or any combination of those governments. 2017, c. 20, Sched. 2, s. 6. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 2, s. 6 - 14/11/2017
148.2 (1) An order against a person to pay tariff costs to a party to an agreement listed in section 148.1 may, for the purpose of its enforcement only, be made an order of the Superior Court of Justice if the order is against, (a)  a person who initiated the complaint; or (b)  a person who was added to the complaint as a co-party with a person who initiated the complaint. 2017, c. 20, Sched. 2, s. 6. Procedure (2) To enforce an order described in subsection (1), a party in whose favour the order is made shall file a certified copy of the order with the Superior Court of Justice. 2017, c. 20, Sched. 2, s. 6. Effect (3) From the date of filing, the order has the same effect as an order of the Superior Court of Justice for the purpose of enforcement to the extent that it is authorized by the applicable agreement. 2017, c. 20, Sched. 2, s. 6. Date of order (4) For the purposes of section 129, the date on which the order is filed with the Superior Court of Justice shall be deemed to be the date of the order. 2017, c. 20, Sched. 2, s. 6. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 2, s. 6 - 14/11/2017
148.3 The Lieutenant Governor in Council may make regulations prescribing agreements as domestic trade agreements for the purposes of this Part. 2017, c. 20, Sched. 2, s. 6. Section Amendments with date in force (d/m/y) 2017, c. 20, Sched. 2, s. 6 - 14/11/2017 PART VIII   MISCELLANEOUS
149 (1) In this section, “agreement” includes a contract or other instrument; (“accord”) “service provider” means a person or entity that has entered into an agreement with the Crown in right of Ontario under subsection (2). (“fournisseur de services”) 2018, c. 17, Sched. 10, s. 1. Agreements with service providers (2) The Attorney General may, on behalf of the Crown in right of Ontario, enter into agreements with one or more persons or entities for the provision of mediation and information services in relation to family law matters, as specified in the agreements. 2018, c. 17, Sched. 10, s. 1. Fees (3) Fees for the provision of the mediation services may be collected by or on behalf of a service provider to the extent permitted and in accordance with the agreement entered into by the service provider under subsection (2). 2018, c. 17, Sched. 10, s. 1. Same (4) Fees collected by or on behalf of a service provider in accordance with subsection (3) are not public money within the meaning of the Financial Administration Act, but the fees must be used by the service provider only for or in relation to the provision of the mediation and information services, as specified in the agreement, or for any other purpose specified in the agreement. 2018, c. 17, Sched. 10, s. 1. Same, publication (5) The Ministry of the Attorney General shall publish the fees payable under subsection (3) on a Government of Ontario website. 2018, c. 17, Sched. 10, s. 1. Section Amendments with date in force (d/m/y) R.S.O. 1990, c. C.43, s. 149 (2) - see 1994, c. 12, s. 47 - 01/01/96; 1994, c. 12, s. 47 - 28/02/1995 2018, c. 17, Sched. 10, s. 1 - 06/12/2018
150 A writ of execution that was issued before the 1st day of January, 1985 may be renewed in the same manner and with the same effect as a writ of execution issued on or after that day.  R.S.O. 1990, c. C.43, s. 150.
151 (1) A reference in this Act or any other Act, rule or regulation to a county or district for judicial purposes is deemed to be a reference to the corresponding area that, for municipal or territorial purposes, comprises the county, district, union of counties or regional, district or metropolitan municipality. Separated municipalities (2) For the purpose of subsection (1), every city, town and other municipality is united to and forms part of the county in which it is situate. Exceptions (3) Subsection (1) is subject to the following: 1.  A reference in an Act or regulation to a county or district for judicial purposes is, in the case of The Regional Municipality of Haldimand-Norfolk, deemed to be a reference to the following areas: i.  All the area of the County of Haldimand as it existed on the 31st day of March, 1974. ii.  All the area of the County of Norfolk as it existed on the 31st day of March, 1974. 2.  A reference in an Act or regulation to a county or district for judicial purposes is, in the case of The Regional Municipality of Niagara, deemed to be a reference to the following areas: i.  All the area of the County of Lincoln as it existed on the 31st day of December, 1969. ii.  All the area of the County of Welland as it existed on the 31st day of December, 1969. 3.  A reference in an Act or regulation to a county or district for judicial purposes is, in the case of The Regional Municipality of Sudbury and the Territorial District of Sudbury, deemed to be a reference to all the area in The Regional Municipality of Sudbury and in the Territorial District of Sudbury. 4.  A reference in an Act or regulation to a county or district for judicial purposes is, in the case of an area described below, deemed to be a reference to all the area in the areas described below: i.  All the area in the County of Victoria. ii.  All the area in the County of Haliburton. iii.  All the area in any part of the townships of Sherborne, McClintock, Livingstone, Lawrence and Nightingale located in Algonquin Park, so long as the part remains part of Algonquin Park.  R.S.O. 1990, c. C.43, s. 151.