jswizzle3737/ontario_laws_and_regs huggingface dataset:
77 (1) The Attorney General and the Chief Justice of Ontario may enter into a memorandum of understanding governing any matter relating to the administration of the Court of Appeal.  2006, c. 21, Sched. A, s. 14. Superior Court of Justice (2) The Attorney General and the Chief Justice of the Superior Court of Justice may enter into a memorandum of understanding governing any matter relating to the administration of that court.  2006, c. 21, Sched. A, s. 14. Ontario Court of Justice (3) The Attorney General and the Chief Justice of the Ontario Court of Justice may enter into a memorandum of understanding governing any matter relating to the administration of that court.  2006, c. 21, Sched. A, s. 14. Scope (4) A memorandum of understanding under this section may deal with the respective roles and responsibilities of the Attorney General and the judiciary in the administration of justice, but shall not deal with any matter assigned by law to the judiciary.  2006, c. 21, Sched. A, s. 14. Publication (5) The Attorney General shall ensure that each memorandum of understanding entered into under this section is made available to the public, in English and French.  2006, c. 21, Sched. A, s. 14. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 29 - 28/02/1995 2006, c. 21, Sched. A, s. 14 - 01/10/2007; 2006, c. 35, Sched. C, s. 20 (4) - 20/08/2007
78 (1) The council known as the Ontario Courts Advisory Council is continued under the name Ontario Courts Advisory Council in English and Conseil consultatif des tribunaux de l’Ontario in French.  2006, c. 21, Sched. A, s. 14. Same (2) The Ontario Courts Advisory Council is composed of, (a)  the Chief Justice of Ontario, who shall preside, and the Associate Chief Justice of Ontario; (b)  the Chief Justice and the Associate Chief Justice of the Superior Court of Justice and the Senior Judge of the Family Court; (c)  the Chief Justice and the associate chief justices of the Ontario Court of Justice; and (d)  the regional senior judges of the Superior Court of Justice and of the Ontario Court of Justice.  2006, c. 21, Sched. A, s. 14. Mandate (3) The Ontario Courts Advisory Council shall meet to consider any matter relating to the administration of the courts that is referred to it by the Attorney General or that it considers appropriate on its own initiative, and shall make recommendations on the matter to the Attorney General and to its members.  2006, c. 21, Sched. A, s. 14. Section Amendments with date in force (d/m/y) 1996, c. 25, s. 1 (14) - 31/10/1996; 1996, c. 25, s. 9 (9) - 19/04/1999 2006, c. 21, Sched. A, s. 14 - 01/10/2007
79 (1) The committee known as the Ontario Courts Management Advisory Committee is continued under the name Ontario Courts Management Advisory Committee in English and Comité consultatif de gestion des tribunaux de l’Ontario in French.  2006, c. 21, Sched. A, s. 14. Same (2) The Ontario Courts Management Advisory Committee is composed of, (a)  the Chief Justice and Associate Chief Justice of Ontario, the Chief Justice and Associate Chief Justice of the Superior Court of Justice, the Senior Judge of the Family Court and the Chief Justice and associate chief justices of the Ontario Court of Justice; (b)  the Attorney General, the Deputy Attorney General, the Assistant Deputy Attorney General responsible for courts administration, the Assistant Deputy Attorney General responsible for criminal law and two other public servants chosen by the Attorney General; (c)  three lawyers appointed by the Law Society of Ontario and three lawyers appointed by the Federation of Ontario Law Associations; and (d)  not more than six other persons, appointed by the Attorney General with the concurrence of the judges mentioned in clause (a) and the lawyers appointed under clause (c).  2006, c. 21, Sched. A, s. 14; 2018, c. 8, Sched. 15, s. 8 (4). Who presides (3) The following persons shall preside over meetings of the Committee, by rotation at intervals fixed by the Committee: 1.  A judge mentioned in clause (2) (a), selected by the judges mentioned in that clause. 2.  The Attorney General, or a person mentioned in clause (2) (b) and designated by the Attorney General. 3.  A lawyer appointed under clause (2) (c), selected by the lawyers appointed under that clause. 4.  A person appointed under clause (2) (d), selected by the persons appointed under that clause.  2006, c. 21, Sched. A, s. 14. Function of Committee (4) The function of the Committee is to consider and recommend to the relevant bodies or authorities policies and procedures to promote the better administration of justice and the effective use of human and other resources in the public interest.  2006, c. 21, Sched. A, s. 14. Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (14, 17, 18, 20) - 19/04/1999; 1998, c. 20, Sched. A, s. 18 - 26/02/1999 2006, c. 21, Sched. A, s. 14 - 01/10/2007 2018, c. 8, Sched. 15, s. 8 (4) - 08/05/2018
79.1 (1) For administrative purposes related to the administration of justice in the province, Ontario is divided into the regions prescribed under subsection (2).  2006, c. 21, Sched. A, s. 14. Regulations (2) The Lieutenant Governor in Council may make regulations prescribing regions for the purposes of this Act.  2006, c. 21, Sched. A, s. 14. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. A, s. 14 - 01/10/2007
79.2 (1) The committee in each region known as the Regional Courts Management Advisory Committee is continued under the name Regional Courts Management Advisory Committee in English and Comité consultatif régional de gestion des tribunaux in French, and is composed of, (a)  the regional senior judge of the Superior Court of Justice, the regional senior judge of the Ontario Court of Justice and, in a region where the Family Court has jurisdiction, a judge chosen by the Chief Justice of the Superior Court of Justice; (b)  the regional director of courts administration for the Ministry of the Attorney General and the regional director of Crown attorneys; (c)  two lawyers appointed jointly by the presidents of the county and district law associations in the region; and (d)  not more than two other persons, appointed by the Attorney General with the concurrence of the judges mentioned in clause (a) and the lawyers appointed under clause (c).  2006, c. 21, Sched. A, s. 14. Who presides (2) The following persons shall preside over meetings of the Committee, by rotation at intervals fixed by the Committee: 1.  A judge mentioned in clause (1) (a), selected by the judges mentioned in that clause. 2.  An official mentioned in clause (1) (b), selected by the officials mentioned in that clause. 3.  A lawyer appointed under clause (1) (c), selected by the lawyers appointed under that clause. 4.  A person appointed under clause (1) (d), selected by the persons appointed under that clause.  2006, c. 21, Sched. A, s. 14. Function of Committee (3) The function of the Committee is to consider and recommend to the relevant bodies or authorities policies and procedures for the region to promote the better administration of justice and the effective use of human and other resources in the public interest.  2006, c. 21, Sched. A, s. 14. Frequency of meetings (4) The Committee shall meet at least once each year.  2006, c. 21, Sched. A, s. 14. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. A, s. 14 - 01/10/2007
79.3 (1) Within six months after the end of every fiscal year, the Attorney General shall cause a report to be prepared on the administration of the courts during that fiscal year, in consultation with the Chief Justice of Ontario, the Chief Justice of the Superior Court of Justice and the Chief Justice of the Ontario Court of Justice.  2006, c. 21, Sched. A, s. 14. Same (2) The annual report shall provide information about progress in meeting the goals set out in section 71 and shall be made available to the public in English and French.  2006, c. 21, Sched. A, s. 14. Inclusion in Ministry’s annual report (3) The Attorney General may cause all or part of the annual report on the administration of the courts to be incorporated into the corresponding annual report referred to in the Ministry of the Attorney General Act.  2006, c. 21, Sched. A, s. 14. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. A, s. 14 - 01/10/2007 PART VI   JUDGES AND OFFICERS
80 Every judge or officer of a court in Ontario, including a deputy judge of the Small Claims Court, shall, before entering on the duties of office, take and sign the following oath or affirmation in either the English or French language: I solemnly swear (affirm) that I will faithfully, impartially and to the best of my skill and knowledge execute the duties of .......................... So help me God. (Omit this line in an affirmation.) 1994, c. 12, s. 30. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 30 - 28/02/1995
81 Where an adjudicative function is given by an Act to a judge or officer of a court in Ontario, the jurisdiction shall be deemed to be given to the court.  1994, c. 12, s. 31. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 31 - 28/02/1995
82 The following persons have the same immunity from liability as judges of the Superior Court of Justice: 1.  Judges of all courts in Ontario, including judges presiding in the Small Claims Court and deputy judges of that court. 2.  Masters. 3.  Associate judges. 1996, c. 25, ss. 1 (15), 9 (17); 2021, c. 4, Sched. 3, s. 9. Section Amendments with date in force (d/m/y) 1996, c. 25, s. 1 (15) - 31/10/1996; 1996, c. 25, s. 9 (17) - 19/04/1999 2021, c. 4, Sched. 3, s. 9 - 01/09/2021 83 Repealed:  1996, c. 25, s. 1 (16). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 1 (16) - 31/10/1996
84 (1) A judge of the Court of Appeal or the Superior Court of Justice may act as a commissioner, arbitrator, adjudicator, referee, conciliator or mediator or on a commission of inquiry under an Act of the Legislature or under an agreement made under any such Act.  R.S.O. 1990, c. C.43, s. 84 (1); 1996, c. 25, ss. 1 (17), 9 (17). Remuneration (2) A judge acting under subsection (1) shall not receive any remuneration but shall be reimbursed for reasonable travelling and other expenses incurred while so acting.  R.S.O. 1990, c. C.43, s. 84 (2). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 1 (17) - 31/10/1996; 1996, c. 25, s. 9 (17) - 19/04/1999
85 The Lieutenant Governor in Council may make regulations respecting the form of the gown to be worn in court by all judges appointed after the 1st day of September, 1990.  R.S.O. 1990, c. C.43, s. 85.
86 (1) Every judge of the Court of Ontario may be addressed as “Your Honour” or as “(Mr. or Madam) Justice (naming the judge)” in English or as “Votre Honneur” or “(M. ou Mme) le/la Juge (nom du juge)” in French.  R.S.O. 1990, c. C.43, s. 86 (1); 1996, c. 25, s. 9 (10); 1998, c. 20, Sched. A, s. 19 (1); 2021, c. 34, Sched. 4, s. 4. Same (2) A judge appointed to the High Court of Justice before the 1st day of September, 1990 may elect to be addressed according to the practice in existence before that day.  R.S.O. 1990, c. C.43, s. 86 (2). Associate judge (3) Every associate judge of the Court of Ontario may be addressed as “Your Honour” or “Associate Justice (naming the associate judge)” in English or as “Votre Honneur” or “(M. ou Mme) le/la Juge associé(e) (nom du juge associé)” in French. 2021, c. 4, Sched. 3, s. 10. (4) Repealed:  1998, c. 20, Sched. A, s. 19 (2). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (10, 11) - 19/04/1999; 1998, c. 20, Sched. A, s. 19 (1, 2) - 26/02/1999 2021, c. 4, Sched. 3, s. 10 - 01/09/2021; 2021, c. 34, Sched. 4, s. 4 - 02/12/2021 Associate judges
88 (1) The Lieutenant Governor in Council may make regulations, (a)  prescribing the officer or employee to whom money paid into the Superior Court of Justice shall be paid and providing for the vesting of that money and any securities in which that money is invested in that officer or employee; (b)  governing the management and investment of money paid into a court; (c)  providing for the payment of interest on money paid into a court and fixing the rate of interest so paid; (d)  prescribing the officer or employee in whose name mortgages and other securities taken under an order of the Superior Court of Justice and instruments taken as security in respect of a proceeding in the Superior Court of Justice shall be taken; (e)  respecting the deposit of the mortgages, securities and instruments and the duty or obligation, if any, in respect of them of the officer or employee in whose name they are taken.  R.S.O. 1990, c. C.43, s. 88; 1994, c. 12, s. 36; 1996, c. 25, s. 9 (17). Regulations under Public Guardian and Trustee Act (2) With respect to all functions performed by the Public Guardian and Trustee in his or her capacity as Accountant of the Superior Court of Justice, the Public Guardian and Trustee Act and the regulations made under that Act prevail over subsection (1) and the regulations made under it.  1997, c. 23, s. 5; 1996, c. 25, s. 9 (12); 2000, c. 26, Sched. A, s. 5. Section Amendments with date in force (d/m/y) 1994, c. 12, s. 36 - 28/02/1995 1996, c. 25, s. 9 (12, 17) - 19/04/1999 1997, c. 23, s. 5 - 28/11/1997 2000, c. 26, Sched. A, s. 5 - 06/12/2000 2001, c. 9, Sched. B, s. 6 - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011
89 (1) The Lieutenant Governor in Council, on the recommendation of the Attorney General, may appoint a Children’s Lawyer for Ontario.  1994, c. 27, s. 43 (1). Qualification (2) No person shall be appointed as Children’s Lawyer unless he or she has been a member of the bar of one of the provinces or territories of Canada for at least ten years or, for an aggregate of at least ten years, has been a member of such a bar or served as a judge anywhere in Canada after being a member of such a bar.  1994, c. 12, s. 37; 1994, c. 27, s. 43 (2). Duties (3) Where required to do so by an Act or the rules of court, the Children’s Lawyer shall act as litigation guardian of a minor or other person who is a party to a proceeding.  1994, c. 12, s. 37; 1994, c. 27, s. 43 (2). Same (3.1) At the request of a court, the Children’s Lawyer may act as the legal representative of a minor or other person who is not a party to a proceeding.  1994, c. 12, s. 37; 1999, c. 12, Sched. B, s. 4 (1). Costs (4) The same costs as are payable to litigation guardians are payable to the Children’s Lawyer and costs recovered by the Children’s Lawyer shall be paid into the Consolidated Revenue Fund.  R.S.O. 1990, c. C.43, s. 89 (4); 1994, c. 27, s. 43 (2). Security for costs (5) The Children’s Lawyer shall not be required to give security for costs in any proceeding.  R.S.O. 1990, c. C.43, s. 89 (5); 1994, c. 27, s. 43 (2). Mortgages held by Accountant (6) Where a person for whom the Children’s Lawyer has acted is interested in a mortgage held by the Accountant of the Superior Court of Justice, the Children’s Lawyer shall take reasonable care to ensure that, (a)  money payable on the mortgage is promptly paid; (b)  the mortgaged property is kept properly insured; and (c)  taxes on the mortgaged property are promptly paid.  R.S.O. 1990, c. C.43, s. 89 (6); 1994, c. 27, s. 43 (2); 1996, c. 25, s. 9 (13). Payment into court (7) Money received by the Children’s Lawyer on behalf of a person for whom he or she acts shall, unless the court orders otherwise, be paid into court to the credit of the person entitled.  R.S.O. 1990, c. C.43, s. 89 (7); 1994, c. 27, s. 43 (2). Assessment of costs (8) Where the amount payable into court under subsection (7) is to be ascertained by the deduction of unassessed costs from a fund, the Children’s Lawyer may require the costs to be assessed forthwith.  R.S.O. 1990, c. C.43, s. 89 (8); 1994, c. 27, s. 43 (2). Audit (9) The Auditor General shall examine and report on the accounts and financial transactions of the Children’s Lawyer.  R.S.O. 1990, c. C.43, s. 89 (9); 1994, c. 27, s. 43 (2); 2004, c. 17, s. 32. Note: On March 31, 2024, subsection 89 (9) of the Act is repealed. (See: 2023, c. 9, Sched. 11, s. 1) Section Amendments with date in force (d/m/y) 1994, c. 12, s. 37 - 28/02/1995; 1994, c. 27, s. 43 (1, 2) - 03/04/1995 1996, c. 25, s. 9 (13) - 19/04/1999 1999, c. 12, Sched. B, s. 4 (1) - 03/04/1995 2004, c. 17, s. 32
- 30/11/2004 2023, c. 9, Sched. 11, s. 1 - 31/03/2024
90 (1) The Lieutenant Governor in Council, on the recommendation of the Attorney General, may appoint assessment officers.  R.S.O. 1990, c. C.43, s. 90 (1); 1999, c. 12, Sched. B, s. 4 (2). (2) Repealed: 2020, c. 11, Sched. 5, s. 10. Jurisdiction (3) Every assessment officer has jurisdiction to assess costs in a proceeding in any court.  R.S.O. 1990, c. C.43, s. 90 (3); 1996, c. 25, s. 1 (19). Appeal from assessment of costs before tribunal (4) Where costs of a proceeding before a tribunal other than a court are to be assessed by an assessment officer, (a)  the rules of court governing the procedure on an assessment of costs apply with necessary modifications; and (b)  an appeal lies to the Superior Court of Justice from a certificate of assessment of the costs if an objection was served in respect of the issue appealed in accordance with the rules of court.  R.S.O. 1990, c. C.43, s. 90 (4); 1996, c. 25, s. 9 (17). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 1 (19) - 31/10/1996; 1996, c. 25, s. 9 (17) - 19/04/1999 1999, c. 12, Sched. B, s. 4 (2) - 31/12/1991 2020, c. 11, Sched. 5, s. 10 - 08/01/2021
91 Every official examiner and deputy official examiner is an officer of every court in Ontario.  R.S.O. 1990, c. C.43, s. 91.
92 Every officer of a court has, for the purposes of any matter before him or her, power to administer oaths and affirmations and to examine parties and witnesses.  R.S.O. 1990, c. C.43, s. 92.
93 Money or property vested in or held by an officer of a court shall be deemed to be vested in the officer in trust for Her Majesty, subject to being disposed of in accordance with any Act, rule of court or order.  R.S.O. 1990, c. C.43, s. 93.
94 (1) All fees payable to a salaried officer of a court in respect of a proceeding in the court shall be paid into the Consolidated Revenue Fund. Exception (2) Subsection (1) does not apply to fees payable to court reporters under the Administration of Justice Act.  R.S.O. 1990, c. C.43, s. 94. PART VII   COURT PROCEEDINGS Application of Part
95 (1) This Part applies to civil proceedings in courts of Ontario. Criminal proceedings (2) Sections 109 (constitutional questions) and 123 (giving decisions), section 125 and paragraph 2 of subsection 126 (1) (documents that may be written in French) and sections 132 (judge sitting on appeal), 136 (prohibition against photography at court hearing) and 146 (where procedures not provided) also apply to proceedings under the Criminal Code (Canada), except in so far as they are inconsistent with that Act.  R.S.O. 1990, c. C.43, s. 95 (1, 2); 2021, c. 4, Sched. 3, s. 13. Provincial offences proceedings (3) Sections 109 (constitutional questions), 125, 126 (language of proceedings), 132 (judge sitting on appeal), 136 (prohibition against photography at court hearings), 144 (arrest and committal warrants enforceable by police) and 146 (where procedures not provided) also apply to proceedings under the Provincial Offences Act and, for the purpose, a reference in one of those sections to a judge includes a justice of the peace presiding in the Ontario Court of Justice.  R.S.O. 1990, c. C.43, s. 95 (3); 1996, c. 25, s. 9 (18). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (18) - 19/04/1999 2021, c. 4, Sched. 3, s. 13 - 01/02/2022 Common Law and Equity
96 (1) Courts shall administer concurrently all rules of equity and the common law.  R.S.O. 1990, c. C.43, s. 96 (1); 1993, c. 27, Sched. Rules of equity to prevail (2) Where a rule of equity conflicts with a rule of the common law, the rule of equity prevails.  R.S.O. 1990, c. C.43, s. 96 (2); 1993, c. 27, Sched. Jurisdiction for equitable relief (3) Only the Court of Appeal and the Superior Court of Justice, exclusive of the Small Claims Court, may grant equitable relief, unless otherwise provided.  1994, c. 12, s. 38; 1996, c. 25, s. 9 (17). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991; 1994, c. 12, s. 38 - 28/02/1995; 1996, c. 25, s. 9 (17) - 19/04/1999
97 The Court of Appeal and the Superior Court of Justice, exclusive of the Small Claims Court, may make binding declarations of right, whether or not any consequential relief is or could be claimed.  1994, c. 12, s. 39; 1996, c. 25, s. 9 (17). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 39 - 28/02/1995; 1996, c. 25, s. 9 (17) - 19/04/1999
98 A court may grant relief against penalties and forfeitures, on such terms as to compensation or otherwise as are considered just.  R.S.O. 1990, c. C.43, s. 98; 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991
99 A court that has jurisdiction to grant an injunction or order specific performance may award damages in addition to, or in substitution for, the injunction or specific performance.  R.S.O. 1990, c. C.43, s. 99.
100 A court may by order vest in any person an interest in real or personal property that the court has authority to order be disposed of, encumbered or conveyed.  R.S.O. 1990, c. C.43, s. 100. Interlocutory Orders
101 (1) In the Superior Court of Justice, an interlocutory injunction or mandatory order may be granted or a receiver or receiver and manager may be appointed by an interlocutory order, where it appears to a judge of the court to be just or convenient to do so.  R.S.O. 1990, c. C.43, s. 101 (1); 1994, c. 12, s. 40; 1996, c. 25, s. 9 (17). Terms (2) An order under subsection (1) may include such terms as are considered just.  R.S.O. 1990, c. C.43, s. 101 (2). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 40 - 28/02/1995; 1996, c. 25, s. 9 (17) - 19/04/1999 Injunction in labour dispute
103 (1) The commencement of a proceeding in which an interest in land is in question is not notice of the proceeding to a person who is not a party until a certificate of pending litigation is issued by the court and the certificate is registered in the proper land registry office under subsection (2).  R.S.O. 1990, c. C.43, s. 103 (1). Registration (2) Where a certificate of pending litigation is issued under subsection (1) it may be registered whether the land is registered under the Land Titles Act or the Registry Act.  R.S.O. 1990, c. C.43, s. 103 (2). Exception (3) Subsections (1) and (2) do not apply to a proceeding for foreclosure or sale on a registered mortgage or to enforce a lien under the Construction Act.  R.S.O. 1990, c. C.43, s. 103 (3); 2017, c. 24, s. 75. Liability where no reasonable claim (4) A party who registers a certificate under subsection (2) without a reasonable claim to an interest in the land is liable for any damages sustained by any person as a result of its registration.  R.S.O. 1990, c. C.43, s. 103 (4). Recovery of damages (5) The liability for damages under subsection (4) and the amount thereof may be determined in the proceeding in respect of which the certificate was registered or in a separate proceeding.  R.S.O. 1990, c. C.43, s. 103 (5). Order discharging certificate (6) The court may make an order discharging a certificate, (a)  where the party at whose instance it was issued, (i)  claims a sum of money in place of or as an alternative to the interest in the land claimed, (ii)  does not have a reasonable claim to the interest in the land claimed, or (iii)  does not prosecute the proceeding with reasonable diligence; (b)  where the interests of the party at whose instance it was issued can be adequately protected by another form of security; or (c)  on any other ground that is considered just, and the court may, in making the order, impose such terms as to the giving of security or otherwise as the court considers just.  R.S.O. 1990, c. C.43, s. 103 (6). Effect (7) Where a certificate is discharged, any person may deal with the land as fully as if the certificate had not been registered.  R.S.O. 1990, c. C.43, s. 103 (7). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 75
- 01/07/2018
104 (1) In an action in which the recovery of possession of personal property is claimed and it is alleged that the property, (a)  was unlawfully taken from the possession of the plaintiff; or (b)  is unlawfully detained by the defendant, the court, on motion, may make an interim order for recovery of possession of the property. Damages (2) A person who obtains possession of personal property by obtaining or setting aside an interim order under subsection (1) is liable for any loss suffered by the person ultimately found to be entitled to possession of the property.  R.S.O. 1990, c. C.43, s. 104. Physical or mental examination
105 (1) In this section, “health practitioner” means a person licensed to practise medicine or dentistry in Ontario or any other jurisdiction, a member of the College of Psychologists of Ontario or a person certified or registered as a psychologist by another jurisdiction.  R.S.O. 1990, c. C.43, s. 105 (1); 1998, c. 18, Sched. G, s. 48. Order (2) Where the physical or mental condition of a party to a proceeding is in question, the court, on motion, may order the party to undergo a physical or mental examination by one or more health practitioners. Same (3) Where the question of a party’s physical or mental condition is first raised by another party, an order under this section shall not be made unless the allegation is relevant to a material issue in the proceeding and there is good reason to believe that there is substance to the allegation. Further examinations (4) The court may, on motion, order further physical or mental examinations. Examiner may ask questions (5) Where an order is made under this section, the party examined shall answer the questions of the examining health practitioner relevant to the examination and the answers given are admissible in evidence.  R.S.O. 1990, c. C.43, s. 105 (2-5). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 48 - 01/02/1999
106 A court, on its own initiative or on motion by any person, whether or not a party, may stay any proceeding in the court on such terms as are considered just.  R.S.O. 1990, c. C.43, s. 106.
107 (1) Where two or more proceedings are pending in two or more different courts, and the proceedings, (a)  have a question of law or fact in common; (b)  claim relief arising out of the same transaction or occurrence or series of transactions or occurrences; or (c)  for any other reason ought to be the subject of an order under this section, an order may, on motion, be made, (d)  transferring any of the proceedings to another court and requiring the proceedings to be consolidated, or to be heard at the same time, or one immediately after the other; or (e)  requiring any of the proceedings to be, (i)  stayed until after the determination of any other of them, or (ii)  asserted by way of counterclaim in any other of them.  R.S.O. 1990, c. C.43, s. 107 (1). Transfer from Small Claims Court (2) A proceeding in the Small Claims Court shall not be transferred under clause (1) (d) to the Superior Court of Justice without the consent of the plaintiff in the proceeding in the Small Claims Court.  R.S.O. 1990, c. C.43, s. 107 (2); 1996, c. 25, s. 9 (17). Same (3) A proceeding in the Small Claims Court shall not be required under subclause (1) (e) (ii) to be asserted by way of counterclaim in a proceeding in the Superior Court of Justice without the consent of the plaintiff in the proceeding in the Small Claims Court.  R.S.O. 1990, c. C.43, s. 107 (3); 1996, c. 25, s. 9 (17). Motions (4) The motion shall be made to a judge of the Superior Court of Justice.  R.S.O. 1990, c. C.43, s. 107 (4); 1996, c. 25, s. 9 (17). Directions (5) An order under subsection (1) may impose such terms and give such directions as are considered just, including dispensing with service of a notice of readiness or listing for trial and abridging the time for placing an action on the trial list. Transfer (6) A proceeding that is transferred to another court under clause (1) (d) shall be titled in the court to which it is transferred and shall be continued as if it had been commenced in that court. Discretion at hearing (7) Where an order has been made that proceedings be heard either at the same time or one immediately after the other, the judge presiding at the hearing nevertheless has discretion to order otherwise.  R.S.O. 1990, c. C.43, s. 107 (5-7). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 9 (17) - 19/04/1999 Procedural Matters
109 (1) Notice of a constitutional question shall be served on the Attorney General of Canada and the Attorney General of Ontario in the following circumstances: 1.  The constitutional validity or constitutional applicability of an Act of the Parliament of Canada or the Legislature, of a regulation or by-law made under such an Act or of a rule of common law is in question. 2.  A remedy is claimed under subsection 24 (1) of the Canadian Charter of Rights and Freedoms in relation to an act or omission of the Government of Canada or the Government of Ontario. Failure to give notice (2) If a party fails to give notice in accordance with this section, the Act, regulation, by-law or rule of common law shall not be adjudged to be invalid or inapplicable, or the remedy shall not be granted, as the case may be. Form of notice (2.1) The notice shall be in the form provided for by the rules of court or, in the case of a proceeding before a board or tribunal, in a substantially similar form. Time of notice (2.2) The notice shall be served as soon as the circumstances requiring it become known and, in any event, at least fifteen days before the day on which the question is to be argued, unless the court orders otherwise.  1994, c. 12, s. 42 (1). Notice of appeal (3) Where the Attorney General of Canada and the Attorney General of Ontario are entitled to notice under subsection (1), they are entitled to notice of any appeal in respect of the constitutional question. Right of Attorneys General to be heard (4) Where the Attorney General of Canada or the Attorney General of Ontario is entitled to notice under this section, he or she is entitled to adduce evidence and make submissions to the court in respect of the constitutional question. Right of Attorneys General to appeal (5) Where the Attorney General of Canada or the Attorney General of Ontario makes submissions under subsection (4), he or she shall be deemed to be a party to the proceeding for the purpose of any appeal in respect of the constitutional question.  R.S.O. 1990, c. C.43, s. 109 (3-5). Boards and tribunals (6) This section applies to proceedings before boards and tribunals as well as to court proceedings.  1994, c. 12, s. 42 (2). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 42 (1, 2) - 28/02/1995
110 (1) Where a proceeding or a step in a proceeding is brought or taken before the wrong court, judge or officer, it may be transferred or adjourned to the proper court, judge or officer. Continuation of proceeding (2) A proceeding that is transferred to another court under subsection (1) shall be titled in the court to which it is transferred and shall be continued as if it had been commenced in that court.  R.S.O. 1990, c. C.43, s. 110.
111 (1) In an action for payment of a debt, the defendant may, by way of defence, claim the right to set off against the plaintiff’s claim a debt owed by the plaintiff to the defendant. Same (2) Mutual debts may be set off against each other even if they are of a different nature. Judgment for defendant (3) Where, on a defence of set off, a larger sum is found to be due from the plaintiff to the defendant than is found to be due from the defendant to the plaintiff, the defendant is entitled to judgment for the balance.  R.S.O. 1990, c. C.43, s. 111. Report of Children’s Lawyer
112 (1) In a proceeding under the Divorce Act (Canada) or the Children’s Law Reform Act in which a question concerning decision-making responsibility, parenting time or contact with respect to a child is before the court, the Children’s Lawyer may, (a)  cause an investigation to be made on all matters concerning decision-making responsibility, parenting time or contact with respect to the child; (b)  cause an investigation to be made on matters specified by the court related to decision-making responsibility, parenting time or contact with respect to the child; or (c)  meet with the child to determine the child’s views and preferences with respect to matters that may include decision-making responsibility, parenting time or contact. 2021, c. 4, Sched. 3, s. 14. Report (2) The Children’s Lawyer may report and make recommendations to the court on the results of an investigation or meeting conducted under subsection (1). 2021, c. 4, Sched. 3, s. 14. Authority to act (3) The Children’s Lawyer may act under subsection (1) or (2) on his or her own initiative, at the request of a court or at the request of any person. 2021, c. 4, Sched. 3, s. 14. Affidavit (4) The person who prepares a report under subsection (2) shall execute an affidavit verifying the facts in the report that are within the person’s knowledge and setting out the source of the person’s information and belief respecting facts that are not within their knowledge. 2021, c. 4, Sched. 3, s. 14. Service (5) The person who prepares a report under subsection (2) shall serve the affidavit, along with a copy of the report attached as an exhibit, on the parties and file the affidavit and report with the court. 2021, c. 4, Sched. 3, s. 14. Evidence (6) The filed affidavit and report shall form part of the evidence at the hearing of the proceeding. 2021, c. 4, Sched. 3, s. 14. Attendance on report (7) Where a party to the proceeding disputes the facts set out in the report, the Children’s Lawyer shall if directed by the court, and may when not so directed, attend the hearing on behalf of the child and cause the person who conducted the investigation or meeting under subsection (1) to attend as a witness. 2021, c. 4, Sched. 3, s. 14. Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 3, s. 14 - 01/02/2022
113 Rules of court permitting a defendant to make a third party claim or crossclaim apply despite any agreement that provides that no action may be brought until after judgment against the defendant.  R.S.O. 1990, c. C.43, s. 113.
114 Where a party moves to change the place of hearing in a proceeding, an agreement as to the place of hearing is not binding, but may be taken into account.  R.S.O. 1990, c. C.43, s. 114.
115 Where a person is required to give security in respect of a proceeding in a court, a bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance is sufficient, unless the court orders otherwise.  R.S.O. 1990, c. C.43, s. 115; 1997, c. 19, s. 32. Section Amendments with date in force (d/m/y) 1997, c. 19, s. 32 - 10/10/1997
116 (1) In a proceeding where damages are claimed for personal injuries or under Part V of the Family Law Act
for loss resulting from the injury to or death of a person, the court, (a)  if all affected parties consent, may order the defendant to pay all or part of the award for damages periodically on such terms as the court considers just; and (b)  if the plaintiff requests that an amount be included in the award to offset any liability for income tax on income from the investment of the award, shall order the defendant to pay all or part of the award periodically on such terms as the court considers just.  R.S.O. 1990, c. C.43, s. 116 (1); 1996, c. 25, s. 1 (20). No order (2) An order under clause (1) (b) shall not be made if the parties otherwise consent or if the court is of the opinion that the order would not be in the best interests of the plaintiff, having regard to all the circumstances of the case. Best interests (3) In considering the best interests of the plaintiff, the court shall take into account, (a)  whether the defendant has sufficient means to fund an adequate scheme of periodic payments; (b)  whether the plaintiff has a plan or a method of payment that is better able to meet the interests of the plaintiff than periodic payments by the defendant; and (c)  whether a scheme of periodic payments is practicable having regard to all the circumstances of the case. Future review (4) In an order made under this section, the court may, with the consent of all the affected parties, order that the award be subject to future review and revision in such circumstances and on such terms as the court considers just. Amount to offset liability for income tax (5) If the court does not make an order for periodic payment under subsection (1), it shall make an award for damages that shall include an amount to offset liability for income tax on income from investment of the award.  R.S.O. 1990, c. C.43, s. 116 (2-5). Section Amendments with date in force (d/m/y) 1996, c. 25, s. 1 (20) - 31/10/1996
117 Where damages are to be assessed in respect of, (a)  a continuing cause of action; (b)  repeated breaches of a recurring obligation; or (c)  intermittent breaches of a continuing obligation, the damages, including damages for breaches occurring after the commencement of the proceeding, shall be assessed down to the time of the assessment.  R.S.O. 1990, c. C.43, s. 117.
118 In an action for damages for personal injury, the court may give guidance to the jury on the amount of damages and the parties may make submissions to the jury on the amount of damages.  R.S.O. 1990, c. C.43, s. 118.
119 On an appeal from an award for damages for personal injury, the court may, if it considers it just, substitute its own assessment of the damages.  R.S.O. 1990, c. C.43, s. 119.
120 (1) If a defendant makes a payment to a plaintiff who is or alleges to be entitled to recover from the defendant, the payment constitutes, to the extent of the payment, a release by the plaintiff or the plaintiff’s personal representative of any claim that the plaintiff or the plaintiff’s personal representative or any person claiming through or under the plaintiff or by virtue of Part V of the Family Law Act
may have against the defendant. Same (2) Nothing in this section precludes the defendant making the payment from demanding, as a condition precedent to such payment, a release from the plaintiff or the plaintiff’s personal representative or any other person to the extent of such payment. Payment to be taken into account (3) The court shall adjudicate upon the matter first without reference to the payment but, in giving judgment, the payment shall be taken into account and the plaintiff shall only be entitled to judgment for the net amount, if any. Disclosure (4) The fact of any payment shall not be disclosed to the judge or jury until after judgment but shall be disclosed before formal entry thereof.  R.S.O. 1990, c. C.43, s. 120.
121 (1) Subject to subsections (3) and (4), where a person obtains an order to enforce an obligation in a foreign currency, the order shall require payment of an amount in Canadian currency sufficient to purchase the amount of the obligation in the foreign currency at a bank in Ontario listed in Schedule I to the Bank Act (Canada) at the close of business on the first day on which the bank quotes a Canadian dollar rate for purchase of the foreign currency before the day payment of the obligation is received by the creditor. Multiple payments (2) Where more than one payment is made under an order referred to in subsection (1), the rate of conversion shall be the rate determined as provided in subsection (1) for each payment. Discretion of court (3) Subject to subsection (4), where, in a proceeding to enforce an obligation in a foreign currency, the court is satisfied that conversion of the amount of the obligation to Canadian currency as provided in subsection (1) would be inequitable to any party, the order may require payment of an amount in Canadian currency sufficient to purchase the amount of the obligation in the foreign currency at a bank in Ontario on such other day as the court considers equitable in the circumstances. Other obligations that include conversion (4) Where an obligation enforceable in Ontario provides for a manner of conversion to Canadian currency of an amount in a foreign currency, the court shall give effect to the manner of conversion in the obligation. Enforcement by seizure or garnishment (5) Where a writ of seizure and sale or notice of garnishment is issued under an order to enforce an obligation in a foreign currency, the day the sheriff, bailiff or clerk of the court receives money under the writ or notice shall be deemed, for the purposes of this section and any obligation referred to in subsection (4), to be the day payment is received by the creditor.  R.S.O. 1990, c. C.43, s. 121.
122 (1) Where an action for an accounting could have been brought against a person, the action may be brought against the person’s personal representative.  R.S.O. 1990, c. C.43, s. 122 (1). Same (2) An action for an accounting may be brought by a joint tenant or tenant in common, or his or her personal representative, against a co-tenant for receiving more than the co-tenant’s just share.  R.S.O. 1990, c. C.43, s. 122 (2); 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 Judge’s retirement, etc., inability or failure to give decision
125 (1) The official languages of the courts of Ontario are English and French. Proceedings in English unless otherwise provided (2) Except as otherwise provided with respect to the use of the French language, (a)  hearings in courts shall be conducted in the English language and evidence adduced in a language other than English shall be interpreted into the English language; and (b)  documents filed in courts shall be in the English language or shall be accompanied by a translation of the document into the English language certified by affidavit of the translator.  R.S.O. 1990, c. C.43, s. 125. Use of French
127 (1) In this section and in sections 128 and 129, “bank rate” means the bank rate established by the Bank of Canada as the minimum rate at which the Bank of Canada makes short-term advances to banks listed in Schedule I to the Bank Act (Canada); (“taux d’escompte”) “date of the order” means the date the order is made, even if the order is not entered or enforceable on that date, or the order is varied on appeal, and in the case of an order directing a reference, the date the report on the reference is confirmed; (“date de l’ordonnance”) “postjudgment interest rate” means the bank rate at the end of the first day of the last month of the quarter preceding the quarter in which the date of the order falls, rounded to the next higher whole number where the bank rate includes a fraction, plus 1 per cent; (“taux d’intérêt postérieur au jugement”) “prejudgment interest rate” means the bank rate at the end of the first day of the last month of the quarter preceding the quarter in which the proceeding was commenced, rounded to the nearest tenth of a percentage point; (“taux d’intérêt antérieur au jugement”) “quarter” means the three-month period ending with the 31st day of March, 30th day of June, 30th day of September or 31st day of December. (“trimestre”)  R.S.O. 1990, c. C.43, s. 127 (1). Calculation and publication of interest rates (2) After the first day of the last month of each quarter, a person designated by the Deputy Attorney General shall forthwith, (a)  determine the prejudgment and postjudgment interest rate for the next quarter; and (b)  publish in the prescribed manner a table showing the rate determined under clause (a) for the next quarter and the rates determined under clause (a) or under a predecessor of that clause for all the previous quarters during the preceding 10 years.  2006, c. 21, Sched. A, s. 18. Regulations (3) The Attorney General may, by regulation, prescribe the manner in which the table described in clause (2) (b) is to be published.  2006, c. 21, Sched. A, s. 18. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. A, s. 18 - 01/10/2007
128 (1) A person who is entitled to an order for the payment of money is entitled to claim and have included in the order an award of interest thereon at the prejudgment interest rate, calculated from the date the cause of action arose to the date of the order.  R.S.O. 1990, c. C.43, s. 128 (1). Exception for non-pecuniary loss on personal injury (2) Despite subsection (1), the rate of interest on damages for non-pecuniary loss in an action for personal injury shall be the rate determined by the rules of court made under clause 66 (2) (w).  R.S.O. 1990, c. C.43, s. 128 (2); 1994, c. 12, s. 44. Special damages (3) If the order includes an amount for past pecuniary loss, the interest calculated under subsection (1) shall be calculated on the total past pecuniary loss at the end of each six-month period and at the date of the order. Exclusion (4) Interest shall not be awarded under subsection (1), (a)  on exemplary or punitive damages; (b)  on interest accruing under this section; (c)  on an award of costs in the proceeding; (d)  on that part of the order that represents pecuniary loss arising after the date of the order and that is identified by a finding of the court; (e)  with respect to the amount of any advance payment that has been made towards settlement of the claim, for the period after the advance payment has been made; (f)  where the order is made on consent, except by consent of the debtor; or (g)  where interest is payable by a right other than under this section.  R.S.O. 1990, c. C.43, s. 128 (3, 4). Section Amendments with date in force (d/m/y) 1994, c. 12, s. 44 - 28/02/1995
129 (1) Money owing under an order, including costs to be assessed or costs fixed by the court, bears interest at the postjudgment interest rate, calculated from the date of the order. Interest on periodic payments (2) Where an order provides for periodic payments, each payment in default shall bear interest only from the date of default. Interest on orders originating outside Ontario (3) Where an order is based on an order given outside Ontario or an order of a court outside Ontario is filed with a court in Ontario for the purpose of enforcement, money owing under the order bears interest at the rate, if any, applicable to the order given outside Ontario by the law of the place where it was given. Costs assessed without order (4) Where costs are assessed without an order, the costs bear interest at the postjudgment interest rate in the same manner as if an order were made for the payment of costs on the date the person to whom the costs are payable became entitled to the costs. Other provision for interest (5) Interest shall not be awarded under this section where interest is payable by a right other than under this section.  R.S.O. 1990, c. C.43, s. 129.
130 (1) The court may, where it considers it just to do so, in respect of the whole or any part of the amount on which interest is payable under section 128 or 129, (a)  disallow interest under either section; (b)  allow interest at a rate higher or lower than that provided in either section; (c)  allow interest for a period other than that provided in either section. Same (2) For the purpose of subsection (1), the court shall take into account, (a)  changes in market interest rates; (b)  the circumstances of the case; (c)  the fact that an advance payment was made; (d)  the circumstances of medical disclosure by the plaintiff; (e)  the amount claimed and the amount recovered in the proceeding; (f)  the conduct of any party that tended to shorten or to lengthen unnecessarily the duration of the proceeding; and (g)  any other relevant consideration.  R.S.O. 1990, c. C.43, s. 130.