21.01
 21.01 (1) A person assigned the powers and duties of a referee under subsection 73 (2) of the Courts of Justice Act may, if directed by the regional senior judge or his or her designate, (a)  hear disputes of proposals of terms of payment under rule 9.03; (b)  conduct settlement conferences under rule 13; (c)  hear motions for consolidation orders under rule 20.09; and (d)  assess receipted disbursements for fees paid to the court, an authorized court transcriptionist or a sheriff under the regulations made under the Administration of Justice Act.  O. Reg. 78/06, s. 49; O. Reg. 393/09, s. 24; O. Reg. 171/14, s. 1; O. Reg. 108/21, s. 19. (2) Except under subrule 9.03 (5) (order as to terms of payment), a referee shall not make a final decision in any matter referred to him or her but shall report his or her findings and recommendations to the court.  O. Reg. 78/06, s. 49. RULE 22 PAYMENT INTO AND OUT OF COURT Definitions 22.01 In this Rule, “Accountant” means the Accountant of the Superior Court of Justice; (“comptable”) “clerk” means the clerk in the location where the proceeding was commenced. (“greffier”) O. Reg. 400/12, s. 2. Non-Application of Rule 22.02 This Rule does not apply to money paid or to be paid into court, (a)  under an order or proposal for payment made under rule 9.03; (b)  under an offer to settle a claim in return for the payment of money; or (c)  for the enforcement of an order for the payment or recovery of money under Rule 20, including enforcement by garnishment. O. Reg. 400/12, s. 2. Payment into Court 22.03 (1) Subject to subrule (7), a party who is required to pay money into court shall do so in accordance with subrules (2) to (6). O. Reg. 400/12, s. 2. Filing with Clerk or Accountant (2) The party shall file the following documents with the clerk or the Accountant: 1.  If the payment into court is under a statutory provision or rule, a written request for payment into court that refers to that provision or rule. 2.  If the payment into court is under an order, a written request for payment into court and a copy of the order that bears the court’s seal. O. Reg. 400/12, s. 2. Direction (3) On receiving the documents required to be filed under subrule (2), the clerk or Accountant shall give the party a direction to receive the money, addressed to a bank listed in Schedule I or II to the Bank Act (Canada) and specifying the account in the Accountant’s name into which the money is to be paid. O. Reg. 400/12, s. 2. Clerk to Forward Documents (4) If the documents are filed with the clerk, the clerk shall forward the documents to the Accountant. O. Reg. 400/12, s. 2. Payment (5) On receiving the direction referred to in subrule (3), the party shall pay the money into the specified bank account in accordance with the direction. O. Reg. 400/12, s. 2. Bank’s Duties (6) On receiving the money, the bank shall give a receipt to the party paying the money and immediately send a copy of the receipt to the Accountant. O. Reg. 400/12, s. 2. Payment to Accountant by Mail (7) A party may pay money into court by mailing to the Accountant the applicable documents referred to in subrule (2), together with the money that is payable; the written request for payment into court referred to in that subrule shall include the party’s name and mailing address. O. Reg. 400/12, s. 2. Accountant to Provide Receipt (8) On receiving money under subrule (7), the Accountant shall send a receipt to the party paying the money. O. Reg. 400/12, s. 2. Proof of Payment (9) A party who pays money into court shall, immediately after receiving a receipt from the bank under subrule (6) or from the Accountant under subrule (8), as the case may be, send to every other party a copy of the receipt and file a copy of the receipt with the court. O. Reg. 400/12, s. 2. Payment Out of Court 22.04 (1) Money may only be paid out of court under an order. O. Reg. 400/12, s. 2. Documents to be Filed (2) A person who seeks payment of money out of court shall file with the Accountant, (a)  a written request for payment out and supporting affidavit, in the form provided by the Ministry; and (b)  a copy of the order for payment out that bears the court’s seal. O. Reg. 400/12, s. 2. Payment Out, Children’s Lawyer or Public Guardian and Trustee (3) If the person seeking payment out is the Children’s Lawyer or the Public Guardian and Trustee, (a)  the written request need not be in the form provided by the Ministry and a supporting affidavit is not required; and (b)  a single written request that deals with more than one proceeding may be filed. O. Reg. 400/12, s. 2. Payment Out, Minor Attaining Age of Majority (4) Despite subrule (2), money in court to which a party is entitled under an order once the party attains the age of majority may be paid out to the party on filing with the Accountant, in the forms provided by the Accountant, (a)  a written request for payment out; and (b)  an affidavit proving the identity of the party and that the party has attained the age of majority. O. Reg. 400/12, s. 2. Accountant’s Duties (5) If the requirements of subrule (2) or (4), as the case may be, are met, the Accountant shall pay the money to the person named in the order for payment out, and the payment shall include any accrued interest, unless a court orders otherwise. O. Reg. 400/12, s. 2. Transition 22.05 This Rule applies to the payment into and out of court of money paid into court on and after the day on which Ontario Regulation 400/12 comes into force. O. Reg. 400/12, s. 2. 23. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 258/98, s. 23. Table of Forms Form Number   Form Title   Date of Form 

  1A   Additional Parties   January 1, 2021 

  1A.1   Additional Debtors   January 23, 2014 

  1B   Request for Telephone or Video Conference   January 23, 2014 

  4A   Consent to Act as Litigation Guardian   January 1, 2021 

  4B   Affidavit (Motion for Payment Out of Court)   January 1, 2021 

  5A   Notice to Alleged Partner   January 23, 2014 

  7A   Plaintiff’s Claim   August 1, 2022 

  8A   Affidavit of Service   August 1, 2022 

  8B   Lawyer or Paralegal’s Certificate of Service    August 1, 2022 

  9A   Defence   August 1, 2022 

  9B   Request to Clerk   January 23, 2014 

  10A   Defendant’s Claim   August 1, 2022 

  11A   Affidavit for Jurisdiction   January 1, 2021 

  11B   Default Judgment   January 1, 2021 

  11.2A   Request for Clerk’s Order on Consent   January 1, 2021 

  11.3A   Notice of Discontinued Claim   January 23, 2014 

  13A   List of Proposed Witnesses   January 1, 2021 

  13B   Consent   January 23, 2014 

  14A   Offer to Settle   January 23, 2014 

  14B   Acceptance of Offer to Settle   January 23, 2014 

  14C   Notice of Withdrawal of Offer to Settle   January 23, 2014 

  14D   Terms of Settlement   January 23, 2014 

  15A   Notice of Motion and Supporting Affidavit   August 1, 2022 

  15B   Affidavit   January 1, 2021 

  18A   Summons to Witness   January 23, 2014 

  18B   Warrant for Arrest of Defaulting Witness   January 23, 2014 

  20A   Certificate of Judgment   January 23, 2014 

  20B    Writ of Delivery   January 1, 2021 

  20C    Writ of Seizure and Sale of Personal Property   January 1, 2021 

  20D    Writ of Seizure and Sale of Land   January 1, 2021 

  20E    Notice of Garnishment   January 1, 2021 

  20E.1   Notice of Renewal of Garnishment   January 1, 2021 

  20F   Garnishee’s Statement   May 1, 2019 

  20G   Notice to Co-owner of Debt   January 1, 2021 

  20H   Notice of Examination   August 1, 2022 

  20I   Financial Information Form    January 23, 2014 

  20J    Warrant of Committal   January 1, 2021 

  20K   Identification Form     January 23, 2014 

  20L   Notice of Default of Payment   January 23, 2014 

  20M   Affidavit of Default of Payment   January 1, 2021 

  20N   Request to Renew Writ of Seizure and Sale   January 23, 2014 

  20O   Direction to Enforce Writ of Seizure and Sale of Personal Property   January 23, 2014 

  20P    Affidavit for Enforcement Request   January 1, 2021 

  20Q   Notice of Garnishment Hearing   January 1, 2021 

  20R   Notice of Termination of Garnishment   May 1, 2019 O. Reg. 108/21, s. 20; O. Reg. 521/22, s. 10. FormS 1A-20J Revoked:  O. Reg. 78/06, s. 51.  Français