Method of Attendance at Hearings, etc.
 1.08 (1) A party seeking a hearing or other step in a proceeding that permits or requires the attendance of parties before the court shall, in the forms or other documents required under these rules to be filed in advance of the hearing or step, specify by which of the following methods the party proposes that the parties attend at the hearing or step: 1. In person. 2. By telephone conference. 3. By video conference. O. Reg. 689/20, s. 1; O. Reg. 526/21, s. 1 (1). Exception, Court of Appeal (2) This rule does not apply with respect to proceedings in the Court of Appeal, which may be heard as directed by the court. O. Reg. 689/20, s. 1. Exception, Case Conferences (3) This rule does not apply with respect to case conferences, which shall be held by telephone conference unless the court specifies a different method of attendance. O. Reg. 689/20, s. 1. Objection (4) A party who wishes to oppose the proposed method of attendance shall deliver a notice of objection in Form 1A before the earlier of, (a) 10 days after the document specifying the proposed method of attendance was served on the party; and (b) seven days before the hearing or step. O. Reg. 689/20, s. 1. Objection to be Dealt with at Case Conference (5) If a notice of objection is delivered, the court shall order a case conference under rule 50.13 to deal with the objection. O. Reg. 689/20, s. 1; O. Reg. 526/21, s. 1 (2). Method to be Determined by Order (6) At the case conference referred to in subrule (5), the court shall make an order directing the method of attendance at the hearing or step and, in doing so, the court shall consider, as applicable, (a) the availability of telephone conference or video conference facilities; (b) the general principle that evidence and argument should be presented orally in open court; (c) the importance of the evidence to the determination of the issues in the case; (d) the effect of a telephone conference or video conference on the court’s ability to make findings, including determinations about the credibility of witnesses; (e) the importance in the circumstances of the case of observing the demeanour of a witness; (f) whether a party, witness or lawyer for a party is unable to attend by a method because of infirmity, illness or any other reason; (g) the balance of convenience between any party wishing the telephone conference or video conference and any party or parties opposing; and (h) any other relevant matter. O. Reg. 689/20, s. 1; O. Reg. 526/21, s. 1 (3, 4). No Objection (7) If no notice of objection is filed, the parties are deemed to have agreed to attendance by the proposed method and, unless the court directs otherwise, the hearing or step shall proceed by that method. O. Reg. 689/20, s. 1. Attendance at Mediations, Oral Examinations (8) In the case of a mediation under Rule 24.1, 75.1 or 75.2 or of any step to which Rule 34 applies, the mediation or step shall be held by a method of attendance referred to in subrule (1) determined in accordance with the following rules: 1. If the parties and any other person who is required to attend the mediation or step agree on the method of attendance, the mediation or step shall be held by that method. 2. If the parties and any other person who is required to attend the mediation or step fail to agree on the method of attendance, i. in the case of a mediation to be held under Rule 24.1 or a step to which Rule 34 applies, one of the parties shall request a case conference under rule 50.13 for an order directing the method of attendance, or ii. in the case of a mediation to be held under Rule 75.1 or 75.2, the court shall, on the motion for directions under rule 75.1.05 or 75.2.03, as the case may be, make an order directing the method of attendance. 3. In making an order directing the method of attendance, the court shall consider any applicable factors listed in subrule (6). O. Reg. 526/21, s. 1 (5). Transition, References under the Solicitors Act (9) Rule 1.08.1, as it read immediately before it was revoked, continues to apply with respect to a reference under the Solicitors Act of a lawyer’s bill for assessment, if a party to the reference made a request under that rule before the day section 1 of Ontario Regulation 689/20 came into force. O. Reg. 689/20, s. 1. 1.08.1 Revoked: O. Reg. 689/20, s. 1.