jswizzle3737/ontario_laws_and_regs huggingface dataset:
Confirmation on Motion where Report back Required
 54.08 (1) Where the order directing a reference requires the referee to report back, the report or an interim report on the reference may be confirmed only on a motion to the judge who directed the reference on notice to every party who appeared on the reference, and the judge may require the referee to give reasons for his or her findings and conclusions and may confirm the report in whole or in part or make such other order as is just.  R.R.O. 1990, Reg. 194, r. 54.08 (1); O. Reg. 288/99, s. 17. (2) Where the judge who directed the reference is unable for any reason to hear a motion for confirmation, the motion may be made to another judge.  R.R.O. 1990, Reg. 194, r. 54.08 (2). Confirmation by Passage of Time where Report back not Required Fifteen-Day Period to Oppose Confirmation 54.09 (1) Where the order directing a reference does not require the referee to report back, the report or an interim report on the reference is confirmed, (a) immediately on the filing of the consent of every party who appeared on the reference; or (b) on the expiration of fifteen days after a copy, with proof of service on every party who appeared on the reference, has been filed in the office in which the proceeding was commenced, unless a notice of motion to oppose confirmation of a report is served within that time.  O. Reg. 396/91, s. 10. To Whom Motion to Oppose Confirmation Made (2) A motion to oppose confirmation of a report shall be made to a judge other than the one who conducted the reference.  R.R.O. 1990, Reg. 194, r. 54.09 (2). Notice of Motion to Oppose Confirmation (3) A notice of motion to oppose confirmation of a report shall, (a) set out the grounds for opposing confirmation; (b) be served within fifteen days after a copy of the report, with proof of service on every party who appeared on the reference, has been filed in the office in which the proceeding was commenced; and (c) name the first available hearing date that is at least three days after service of the notice of motion.  R.R.O. 1990, Reg. 194, r. 54.09 (3). Motion for Immediate Confirmation (4) A party who seeks confirmation before the expiration of the fifteen-day period prescribed in subrule (1) may make a motion to a judge for confirmation.  R.R.O. 1990, Reg. 194, r. 54.09 (4). Disposition of Motion (5) A judge hearing a motion under subrule (2) or (4) may require the referee to give reasons for his or her findings and conclusions and may confirm the report in whole or in part or make such other order as is just.  R.R.O. 1990, Reg. 194, r. 54.09 (5).
Confirmation by Passage of Time where Report back not Required
 54.09 (1) Where the order directing a reference does not require the referee to report back, the report or an interim report on the reference is confirmed, (a) immediately on the filing of the consent of every party who appeared on the reference; or (b) on the expiration of fifteen days after a copy, with proof of service on every party who appeared on the reference, has been filed in the office in which the proceeding was commenced, unless a notice of motion to oppose confirmation of a report is served within that time.  O. Reg. 396/91, s. 10. To Whom Motion to Oppose Confirmation Made (2) A motion to oppose confirmation of a report shall be made to a judge other than the one who conducted the reference.  R.R.O. 1990, Reg. 194, r. 54.09 (2). Notice of Motion to Oppose Confirmation (3) A notice of motion to oppose confirmation of a report shall, (a) set out the grounds for opposing confirmation; (b) be served within fifteen days after a copy of the report, with proof of service on every party who appeared on the reference, has been filed in the office in which the proceeding was commenced; and (c) name the first available hearing date that is at least three days after service of the notice of motion.  R.R.O. 1990, Reg. 194, r. 54.09 (3). Motion for Immediate Confirmation (4) A party who seeks confirmation before the expiration of the fifteen-day period prescribed in subrule (1) may make a motion to a judge for confirmation.  R.R.O. 1990, Reg. 194, r. 54.09 (4). Disposition of Motion (5) A judge hearing a motion under subrule (2) or (4) may require the referee to give reasons for his or her findings and conclusions and may confirm the report in whole or in part or make such other order as is just.  R.R.O. 1990, Reg. 194, r. 54.09 (5).
Reference to Appoint Guardian or Receiver
 55.07 (1) Where, by an order directing a reference, a referee is directed to appoint a guardian or receiver, the referee shall not report on the appointment until he or she has settled and approved any security required by the order and until the security has been filed with the Accountant.  R.R.O. 1990, Reg. 194, r. 55.07 (1); O. Reg. 69/95, s. 18; O. Reg. 399/12, s. 3. (2) Where, by an order directing a reference or a report, the person so appointed is required to pass accounts or to pay money into court and has not done so, the referee may, on the passing of accounts, disallow any compensation and may charge the person with interest.  R.R.O. 1990, Reg. 194, r. 55.07 (2); O. Reg. 193/15, s. 5. COSTS RULE 56  SECURITY FOR COSTS
COSTS
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RULE 56 SECURITY FOR COSTS
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Where Available
 56.01 (1) The court, on motion by the defendant or respondent in a proceeding, may make such order for security for costs as is just where it appears that, (a) the plaintiff or applicant is ordinarily resident outside Ontario; (b) the plaintiff or applicant has another proceeding for the same relief pending in Ontario or elsewhere; (c) the defendant or respondent has an order against the plaintiff or applicant for costs in the same or another proceeding that remain unpaid in whole or in part; (d) the plaintiff or applicant is a corporation or a nominal plaintiff or applicant, and there is good reason to believe that the plaintiff or applicant has insufficient assets in Ontario to pay the costs of the defendant or respondent; (e) there is good reason to believe that the action or application is frivolous and vexatious and that the plaintiff or applicant has insufficient assets in Ontario to pay the costs of the defendant or respondent; or (f) a statute entitles the defendant or respondent to security for costs.  R.R.O. 1990, Reg. 194, r. 56.01 (1). (2) Subrule (1) applies with necessary modifications to a party to a garnishment, interpleader or other issue who is an active claimant and would, if a plaintiff, be liable to give security for costs.  R.R.O. 1990, Reg. 194, r. 56.01 (2).
Declaration of Plaintiff’s or Applicant’s Place of Residence
 56.02 The lawyer for the plaintiff or applicant shall, forthwith on receipt of a demand in writing from any person who has been served with the originating process, declare in writing whether the plaintiff or applicant is ordinarily resident in Ontario and, where the lawyer fails to respond to the demand, the court may order that the action or application be stayed or dismissed.  R.R.O. 1990, Reg. 194, r. 56.02; O. Reg. 575/07, s. 1.
Motion for Security
 56.03 (1) In an action, a motion for security for costs may be made only after the defendant has delivered a defence and shall be made on notice to the plaintiff and every other defendant who has delivered a defence or notice of intent to defend.  R.R.O. 1990, Reg. 194, r. 56.03 (1). (2) In an application, a motion for security for costs may be made only after the respondent has delivered a notice of appearance and shall be made on notice to the applicant and every other respondent who has delivered a notice of appearance.  R.R.O. 1990, Reg. 194, r. 56.03 (2).
Amount and Form of Security and Time for Furnishing
 56.04 The amount and form of security and the time for paying into court or otherwise giving the required security shall be determined by the court.  R.R.O. 1990, Reg. 194, r. 56.04.
Form and Effect of Order
 56.05 A plaintiff or applicant against whom an order for security for costs (Form 56A) has been made may not, until the security has been given, take any step in the proceeding except an appeal from the order, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 56.05.
Default of Plaintiff or Applicant
 56.06 Where a plaintiff or applicant defaults in giving the security required by an order, the court on motion may dismiss the proceeding against the defendant or respondent who obtained the order, and the stay imposed by rule 56.05 no longer applies unless another defendant or respondent has obtained an order for security for costs.  R.R.O. 1990, Reg. 194, r. 56.06.
Amount may be Varied
 56.07 The amount of security required by an order for security for costs may be increased or decreased at any time.  R.R.O. 1990, Reg. 194, r. 56.07.
Notice of Compliance
 56.08 On giving the security required by an order, the plaintiff or applicant shall forthwith give notice of compliance to the defendant or respondent who obtained the order, and to every other party.  R.R.O. 1990, Reg. 194, r. 56.08.
RULE 57 COSTS OF PROCEEDINGS
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Directions to Assessment Officer
 57.02 (1) Where costs are to be assessed, the court may give directions to the assessment officer in respect of any matter referred to in rule 57.01.  R.R.O. 1990, Reg. 194, r. 57.02 (1). (2) The court shall record, (a) any direction to the assessment officer; (b) any direction that is requested by a party and refused; and (c) any direction that is requested by a party and that the court declines to make but leaves to the discretion of the assessment officer.  R.R.O. 1990, Reg. 194, r. 57.02 (2). Costs of a Motion Contested Motion 57.03 (1) On the hearing of a contested motion, unless the court is satisfied that a different order would be more just, the court shall, (a) fix the costs of the motion and order them to be paid within 30 days; or (b) in an exceptional case, refer the costs of the motion for assessment under Rule 58 and order them to be paid within 30 days after assessment.  O. Reg. 284/01, s. 16. (2) Where a party fails to pay the costs of a motion as required under subrule (1), the court may dismiss or stay the party’s proceeding, strike out the party’s defence or make such other order as is just.  R.R.O. 1990, Reg. 194, r. 57.03 (2). Motion Without Notice (3) On a motion made without notice, there shall be no costs to any party, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 57.03 (3).
Costs of a Motion
 57.03 (1) On the hearing of a contested motion, unless the court is satisfied that a different order would be more just, the court shall, (a) fix the costs of the motion and order them to be paid within 30 days; or (b) in an exceptional case, refer the costs of the motion for assessment under Rule 58 and order them to be paid within 30 days after assessment.  O. Reg. 284/01, s. 16. (2) Where a party fails to pay the costs of a motion as required under subrule (1), the court may dismiss or stay the party’s proceeding, strike out the party’s defence or make such other order as is just.  R.R.O. 1990, Reg. 194, r. 57.03 (2). Motion Without Notice (3) On a motion made without notice, there shall be no costs to any party, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 57.03 (3).
Costs on Settlement
 57.04 Where a proceeding is settled on the basis that a party shall pay or recover costs and the amount of costs is not included in or determined by the settlement, the costs may be assessed under Rule 58 on the filing of a copy of the minutes of settlement in the office of the assessment officer.  R.R.O. 1990, Reg. 194, r. 57.04. Costs where Action Brought in Wrong Court Recovery within Monetary Jurisdiction of Small Claims Court 57.05 (1) If a plaintiff recovers an amount within the monetary jurisdiction of the Small Claims Court, the court may order that the plaintiff shall not recover any costs.  O. Reg. 377/95, s. 4. (2) Subrule (1) does not apply to an action transferred to the Superior Court of Justice under section 107 of the Courts of Justice Act.  R.R.O. 1990, Reg. 194, r. 57.05 (2); O. Reg. 292/99, s. 2 (2). Default Judgment within Monetary Jurisdiction of Small Claims Court (3) If the plaintiff obtains a default judgment that is within the monetary jurisdiction of the Small Claims Court, costs shall be assessed in accordance with that court’s tariff.  O. Reg. 377/95, s. 4. Proceeding Dismissed for Want of Jurisdiction (4) Where a proceeding is dismissed for want of jurisdiction, the court may make an order for the costs of the proceeding.  R.R.O. 1990, Reg. 194, r. 57.05 (4).
Costs where Action Brought in Wrong Court
 57.05 (1) If a plaintiff recovers an amount within the monetary jurisdiction of the Small Claims Court, the court may order that the plaintiff shall not recover any costs.  O. Reg. 377/95, s. 4. (2) Subrule (1) does not apply to an action transferred to the Superior Court of Justice under section 107 of the Courts of Justice Act.  R.R.O. 1990, Reg. 194, r. 57.05 (2); O. Reg. 292/99, s. 2 (2). Default Judgment within Monetary Jurisdiction of Small Claims Court (3) If the plaintiff obtains a default judgment that is within the monetary jurisdiction of the Small Claims Court, costs shall be assessed in accordance with that court’s tariff.  O. Reg. 377/95, s. 4. Proceeding Dismissed for Want of Jurisdiction (4) Where a proceeding is dismissed for want of jurisdiction, the court may make an order for the costs of the proceeding.  R.R.O. 1990, Reg. 194, r. 57.05 (4).
Costs of Litigation Guardian
 57.06 (1) The court may order a successful party to pay the costs of the litigation guardian of a party under disability who is a defendant or respondent, but may further order that the successful party pay those costs only to the extent that the successful party is able to recover them from the party liable for the successful party’s costs.  R.R.O. 1990, Reg. 194, r. 57.06 (1). (2) A litigation guardian who has been ordered to pay costs is entitled to recover them from the person under disability for whom he or she has acted, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 57.06 (2).
Liability of Lawyer for Costs
 57.07 (1) Where a lawyer for a party has caused costs to be incurred without reasonable cause or to be wasted by undue delay, negligence or other default, the court may make an order, (a) disallowing costs between the lawyer and client or directing the lawyer to repay to the client money paid on account of costs; (b) directing the lawyer to reimburse the client for any costs that the client has been ordered to pay to any other party; and (c) requiring the lawyer personally to pay the costs of any party.  O. Reg. 575/07, s. 26. (2) An order under subrule (1) may be made by the court on its own initiative or on the motion of any party to the proceeding, but no such order shall be made unless the lawyer is given a reasonable opportunity to make representations to the court.  R.R.O. 1990, Reg. 194, r. 57.07 (2); O. Reg. 575/07, s. 1. (3) The court may direct that notice of an order against a lawyer under subrule (1) be given to the client in the manner specified in the order.  R.R.O. 1990, Reg. 194, r. 57.07 (3); O. Reg. 575/07, s. 1. RULE 58  ASSESSMENT OF COSTS
RULE 58 ASSESSMENT OF COSTS
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Assessment at Instance of Party Liable
 58.04 (1) Where a party entitled to costs fails or refuses to file or serve a bill of costs for assessment within a reasonable time, any party liable to pay the costs may obtain a notice to deliver a bill of costs for assessment (Form 58B) from the appropriate assessment officer.  R.R.O. 1990, Reg. 194, r. 58.04 (1). (2) The notice shall be served on every party interested in the assessment at least twenty-one days before the date fixed for the assessment.  R.R.O. 1990, Reg. 194, r. 58.04 (2). Delivery of Bill of Costs (3) On being served with the notice, the person required to deliver a bill of costs shall file and serve a copy of the bill on every party interested in the assessment at least seven days before the date fixed for the assessment.  R.R.O. 1990, Reg. 194, r. 58.04 (3). Failure to Deliver Bill of Costs (4) Where a party required to deliver a bill of costs for assessment fails to do so at the time set out in the notice and thereby prejudices another party, the assessment officer may fix the costs of the defaulting party at an appropriate sum in order to prevent further prejudice to the other party.  R.R.O. 1990, Reg. 194, r. 58.04 (4). Assessment in Accordance with Tariffs Generally 58.05 (1) If costs are to be assessed, the assessment officer shall assess and allow, (a) lawyers’ fees and disbursements in accordance with subrule 57.01 (1) and the Tariffs; and (b) disbursements for fees paid to the court, an authorized court transcriptionist, an official examiner or a sheriff under the regulations under the Administration of Justice Act.  O. Reg. 284/01, s. 18; O. Reg. 170/14, s. 18. Students-at-Law and Law Clerks (2) No other fees, disbursements or charges shall be assessed or allowed unless the court orders otherwise.  O. Reg. 284/01, s. 18. Disbursements (3) No disbursements other than fees paid to the court shall be assessed or allowed unless it is established by affidavit or by the lawyer appearing on the assessment that the disbursement was made or that the party is liable for it.  R.R.O. 1990, Reg. 194, r. 58.05 (3); O. Reg. 575/07, s. 1. Directions (4) An assessment officer may direct production of books and documents and give directions for the conduct of an assessment.  R.R.O. 1990, Reg. 194, r. 58.05 (4). Set Off of Costs (5) Where parties are liable to pay costs to each other, the assessment officer may adjust the costs by way of set off.  R.R.O. 1990, Reg. 194, r. 58.05 (5). Costs of Assessment (6) The assessment officer may, in his or her discretion, award or refuse the costs of an assessment to either party, and fix those costs.  R.R.O. 1990, Reg. 194, r. 58.05 (6).
Assessment in Accordance with Tariffs
 58.05 (1) If costs are to be assessed, the assessment officer shall assess and allow, (a) lawyers’ fees and disbursements in accordance with subrule 57.01 (1) and the Tariffs; and (b) disbursements for fees paid to the court, an authorized court transcriptionist, an official examiner or a sheriff under the regulations under the Administration of Justice Act.  O. Reg. 284/01, s. 18; O. Reg. 170/14, s. 18. Students-at-Law and Law Clerks (2) No other fees, disbursements or charges shall be assessed or allowed unless the court orders otherwise.  O. Reg. 284/01, s. 18. Disbursements (3) No disbursements other than fees paid to the court shall be assessed or allowed unless it is established by affidavit or by the lawyer appearing on the assessment that the disbursement was made or that the party is liable for it.  R.R.O. 1990, Reg. 194, r. 58.05 (3); O. Reg. 575/07, s. 1. Directions (4) An assessment officer may direct production of books and documents and give directions for the conduct of an assessment.  R.R.O. 1990, Reg. 194, r. 58.05 (4). Set Off of Costs (5) Where parties are liable to pay costs to each other, the assessment officer may adjust the costs by way of set off.  R.R.O. 1990, Reg. 194, r. 58.05 (5). Costs of Assessment (6) The assessment officer may, in his or her discretion, award or refuse the costs of an assessment to either party, and fix those costs.  R.R.O. 1990, Reg. 194, r. 58.05 (6).
Factors to be Considered on Assessment
 58.06 (1) In assessing costs the assessment officer may consider, (a) the amount involved in the proceeding; (b) the complexity of the proceeding; (c) the importance of the issues; (d) the duration of the hearing; (e) the conduct of any party that tended to shorten or to lengthen unnecessarily the duration of the proceeding; (f) whether any step in the proceeding was, (i) improper, vexatious or unnecessary, or (ii) taken through negligence, mistake or excessive caution; (g) a party’s denial of or refusal to admit anything that should have been admitted; and (h) any other matter relevant to the assessment of costs.  R.R.O. 1990, Reg. 194, r. 58.06 (1). (2) In assessing costs the assessment officer is bound by the court’s direction or refusal to make a direction under rule 57.02, but is not bound where the court declines to make a direction and leaves the matter to the assessment officer’s discretion.  R.R.O. 1990, Reg. 194, r. 58.06 (2).
Costs of Abandoned Proceeding
 58.07 The costs of a motion, application, action or appeal that is abandoned or deemed to be abandoned may be assessed on filing in the office of the assessment officer, (a) the notice of motion or application served, together with an affidavit that the notice was not filed within the prescribed time, that a confirmation of motion was not given under subrule 37.10.1 (1) or that the moving party, applicant, plaintiff or appellant did not appear at the hearing, as the case may be; (b) the notice of abandonment served; or (c) a copy of the order dismissing the action or appeal as abandoned. O. Reg. 653/00, s. 4; O. Reg. 537/18, s. 9. Costs of Particular Proceedings Passing of Accounts 58.08 (1) The costs of passing the accounts of a trustee, attorney under a power of attorney, guardian or other person having similar duties relating to the management of assets shall be determined in accordance with subrules 74.18 (10) to (11.4) and (13) (costs of passing of accounts of estate trustees).  O. Reg. 69/95, s. 8; O. Reg. 193/15, s. 6. Costs out of Fund or Estate (2) Where costs are to be paid out of a fund or estate, the assessment officer may direct what parties are to attend on the assessment and may disallow the costs of the assessment of any party whose attendance is unnecessary because the interest of the party in the fund or estate is small, remote or sufficiently protected by other interested parties.  R.R.O. 1990, Reg. 194, r. 58.08 (2).
Costs of Particular Proceedings
 58.08 (1) The costs of passing the accounts of a trustee, attorney under a power of attorney, guardian or other person having similar duties relating to the management of assets shall be determined in accordance with subrules 74.18 (10) to (11.4) and (13) (costs of passing of accounts of estate trustees).  O. Reg. 69/95, s. 8; O. Reg. 193/15, s. 6. Costs out of Fund or Estate (2) Where costs are to be paid out of a fund or estate, the assessment officer may direct what parties are to attend on the assessment and may disallow the costs of the assessment of any party whose attendance is unnecessary because the interest of the party in the fund or estate is small, remote or sufficiently protected by other interested parties.  R.R.O. 1990, Reg. 194, r. 58.08 (2).
Certificate of Assessment
 58.09 On the assessment of costs, the assessment officer shall set out in a certificate of assessment of costs (Form 58C) the amount of costs assessed and allowed.  R.R.O. 1990, Reg. 194, r. 58.09.  O. Reg. 284/01, s. 19.
Objections to Assessment
 58.10 (1) On request, the assessment officer shall withhold the certificate for seven days or such other time as he or she directs, in order to allow a party who is dissatisfied with the decision of the assessment officer to serve objections on every other interested party and file them with the assessment officer, specifying concisely the grounds for the objections.  R.R.O. 1990, Reg. 194, r. 58.10 (1). (2) A party on whom objections have been served may, within seven days after service or such other time as the assessment officer directs, serve a reply to the objections on every other interested party and file it with the assessment officer.  R.R.O. 1990, Reg. 194, r. 58.10 (2). (3) The assessment officer shall then reconsider and review the assessment in view of the objections and reply and may receive further evidence in respect of the objections, and the assessment officer shall decide on the objections and complete the certificate accordingly.  R.R.O. 1990, Reg. 194, r. 58.10 (3). (4) The assessment officer may, and if requested shall, state in writing the reasons for his or her decision on the objections.  R.R.O. 1990, Reg. 194, r. 58.10 (4).
Appeal from Assessment
 58.11 The time for and the procedure on an appeal under clause 6 (1) (c) or 17 (b) or subsection 90 (4) of the Courts of Justice Act from a certificate of an assessment officer on an issue in respect of which an objection was served is governed by rule 62.01.  R.R.O. 1990, Reg. 194, r. 58.11. Costs of a Sheriff Party may Require Assessment 58.12 (1) A sheriff claiming fees or expenses that are not prescribed by the regulations under the Administration of Justice Act or that have not been assessed shall, on being required by a party, furnish the party with a bill of costs and have the costs assessed by an assessment officer.  R.R.O. 1990, Reg. 194, r. 58.12 (1). (2) A sheriff who has been required to have his or her fees or expenses assessed shall not collect them until they have been assessed.  R.R.O. 1990, Reg. 194, r. 58.12 (2). (3) Either the sheriff or the party requiring the assessment may obtain an appointment for the assessment and the procedure on the assessment shall be the same as in the case of an assessment between parties.  R.R.O. 1990, Reg. 194, r. 58.12 (3); O. Reg. 284/01, s. 20. Reduction of Fees on Motion by Debtor (4) A person liable under a writ of execution who is dissatisfied with the amount of fees or expenses claimed by a sheriff in respect of the enforcement of the writ may make a motion, before or after payment, on notice to the sheriff and, if the amount appears to be unreasonable, even though it is in accordance with Tariff A, the court may reduce the amount or order the amount to be refunded on such terms as are just.  R.R.O. 1990, Reg. 194, r. 58.12 (4). (5) Nothing in subrule (4) authorizes the court to reduce or order a refund of a fee that is prescribed by the regulations under the Administration of Justice Act.  R.R.O. 1990, Reg. 194, r. 58.12 (5). Costs Fixed by Registrar When Registrar May Fix Costs 58.13 (1) A registrar may fix costs, (a) if all the parties consent; or (b) if the lawyer’s fee does not exceed $2,000, exclusive of harmonized sales tax (HST).  O. Reg. 168/05, s. 1; O. Reg. 55/12, s. 4. (2) Under clause (1) (b), the registrar shall fix costs of $750 plus disbursements.  O. Reg. 168/05, s. 1. Documents to be Filed with Registrar (3) When costs are to be fixed by the registrar under subrule (1), the party who has been awarded costs shall file with the registrar, (a) a bill of costs; and (b) a copy of a receipt for each disbursement.  O. Reg. 168/05, s. 1. ORDERS RULE 59  ORDERS
Costs of a Sheriff
 58.12 (1) A sheriff claiming fees or expenses that are not prescribed by the regulations under the Administration of Justice Act or that have not been assessed shall, on being required by a party, furnish the party with a bill of costs and have the costs assessed by an assessment officer.  R.R.O. 1990, Reg. 194, r. 58.12 (1). (2) A sheriff who has been required to have his or her fees or expenses assessed shall not collect them until they have been assessed.  R.R.O. 1990, Reg. 194, r. 58.12 (2). (3) Either the sheriff or the party requiring the assessment may obtain an appointment for the assessment and the procedure on the assessment shall be the same as in the case of an assessment between parties.  R.R.O. 1990, Reg. 194, r. 58.12 (3); O. Reg. 284/01, s. 20. Reduction of Fees on Motion by Debtor (4) A person liable under a writ of execution who is dissatisfied with the amount of fees or expenses claimed by a sheriff in respect of the enforcement of the writ may make a motion, before or after payment, on notice to the sheriff and, if the amount appears to be unreasonable, even though it is in accordance with Tariff A, the court may reduce the amount or order the amount to be refunded on such terms as are just.  R.R.O. 1990, Reg. 194, r. 58.12 (4). (5) Nothing in subrule (4) authorizes the court to reduce or order a refund of a fee that is prescribed by the regulations under the Administration of Justice Act.  R.R.O. 1990, Reg. 194, r. 58.12 (5). Costs Fixed by Registrar When Registrar May Fix Costs 58.13 (1) A registrar may fix costs, (a) if all the parties consent; or (b) if the lawyer’s fee does not exceed $2,000, exclusive of harmonized sales tax (HST).  O. Reg. 168/05, s. 1; O. Reg. 55/12, s. 4. (2) Under clause (1) (b), the registrar shall fix costs of $750 plus disbursements.  O. Reg. 168/05, s. 1. Documents to be Filed with Registrar (3) When costs are to be fixed by the registrar under subrule (1), the party who has been awarded costs shall file with the registrar, (a) a bill of costs; and (b) a copy of a receipt for each disbursement.  O. Reg. 168/05, s. 1. ORDERS RULE 59  ORDERS
Costs Fixed by Registrar
 58.13 (1) A registrar may fix costs, (a) if all the parties consent; or (b) if the lawyer’s fee does not exceed $2,000, exclusive of harmonized sales tax (HST).  O. Reg. 168/05, s. 1; O. Reg. 55/12, s. 4. (2) Under clause (1) (b), the registrar shall fix costs of $750 plus disbursements.  O. Reg. 168/05, s. 1. Documents to be Filed with Registrar (3) When costs are to be fixed by the registrar under subrule (1), the party who has been awarded costs shall file with the registrar, (a) a bill of costs; and (b) a copy of a receipt for each disbursement.  O. Reg. 168/05, s. 1. ORDERS RULE 59  ORDERS
ORDERS
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RULE 59 ORDERS
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Effective Date
 59.01 An order is effective from the date on which it is made, unless it provides otherwise.  R.R.O. 1990, Reg. 194, r. 59.01.
Entering Orders
 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).
Amending, Setting Aside or Varying Order
 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).
Satisfaction of Order
 59.07 A party may acknowledge satisfaction of an order in a document signed by the party before a witness, and the document may be filed and entered in the court office where the order was entered.  R.R.O. 1990, Reg. 194, r. 59.07.
Limited Scope Retainer
 59.08 (1) Despite subrule 15.01.1 (2), if an order arises from a hearing at which a lawyer who is not a party’s lawyer of record appeared under a limited scope retainer for the party, that lawyer shall act in the place of the party for the purposes of this Rule. O. Reg. 231/13, s. 11. (2) Subrule (1) does not apply if, (a) the agreement governing the limited scope retainer provides otherwise; and (b) the lawyer acting under the limited scope retainer provides written notice of the fact to the other parties and to the registrar. O. Reg. 231/13, s. 11. RULE 60  ENFORCEMENT OF ORDERS
RULE 60 ENFORCEMENT OF ORDERS
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Definitions
 60.01 In rules 60.02 to 60.19, “creditor” means a person who is entitled to enforce an order for the payment or recovery of money; (“créancier”) “debtor” means a person against whom an order for the payment or recovery of money may be enforced. (“débiteur”)  R.R.O. 1990, Reg. 194, r. 60.01. Enforcement of Order for Payment or Recovery of Money General 60.02 (1) In addition to any other method of enforcement provided by law, an order for the payment or recovery of money may be enforced by, (a) a writ of seizure and sale (Form 60A) under rule 60.07; (b) garnishment under rule 60.08; (c) a writ of sequestration (Form 60B) under rule 60.09; and (d) the appointment of a receiver.  R.R.O. 1990, Reg. 194, r. 60.02 (1). Recovery of Costs without Order Awarding Costs (2) Where under these rules a party is entitled to costs on the basis of a certificate of assessment of costs without an order awarding costs, and the costs are not paid within seven days after the certificate of assessment of costs is signed, the party may enforce payment of the costs by the means set out in subrule (1) on filing with the registrar an affidavit setting out the basis of entitlement to costs and attaching a copy of the certificate of assessment.  R.R.O. 1990, Reg. 194, r. 60.02 (2). Electronic Filing of Declaration (3) Where a party may enforce payment of costs under subrule (2), payment may be enforced under rule 60.07 by a writ of seizure and sale (Form 60A) by filing electronically a declaration setting out the basis of the entitlement to costs, subject to rule 60.20.  O. Reg. 288/99, s. 18; O. Reg. 43/14, s. 13; O. Reg. 487/16, s. 9.
Enforcement of Order for Payment or Recovery of Money
 60.02 (1) In addition to any other method of enforcement provided by law, an order for the payment or recovery of money may be enforced by, (a) a writ of seizure and sale (Form 60A) under rule 60.07; (b) garnishment under rule 60.08; (c) a writ of sequestration (Form 60B) under rule 60.09; and (d) the appointment of a receiver.  R.R.O. 1990, Reg. 194, r. 60.02 (1). Recovery of Costs without Order Awarding Costs (2) Where under these rules a party is entitled to costs on the basis of a certificate of assessment of costs without an order awarding costs, and the costs are not paid within seven days after the certificate of assessment of costs is signed, the party may enforce payment of the costs by the means set out in subrule (1) on filing with the registrar an affidavit setting out the basis of entitlement to costs and attaching a copy of the certificate of assessment.  R.R.O. 1990, Reg. 194, r. 60.02 (2). Electronic Filing of Declaration (3) Where a party may enforce payment of costs under subrule (2), payment may be enforced under rule 60.07 by a writ of seizure and sale (Form 60A) by filing electronically a declaration setting out the basis of the entitlement to costs, subject to rule 60.20.  O. Reg. 288/99, s. 18; O. Reg. 43/14, s. 13; O. Reg. 487/16, s. 9.
Enforcement of Order for Possession of Land
 60.03 An order for the recovery or delivery of the possession of land may be enforced by a writ of possession (Form 60C) under rule 60.10.  R.R.O. 1990, Reg. 194, r. 60.03.
Enforcement of Order for Recovery of Personal Property
 60.04 (1) An order for the recovery of possession of personal property other than money may be enforced by a writ of delivery (Form 60D), which may be obtained on filing with the registrar where the proceeding was commenced a requisition together with a copy of the order as entered.  R.R.O. 1990, Reg. 194, r. 60.04 (1); O. Reg. 396/91, s. 11. (2) Where the property is not delivered up under a writ of delivery, the order may be enforced by a writ of sequestration (Form 60B) under rule 60.09.  R.R.O. 1990, Reg. 194, r. 60.04 (2).
Enforcement of Order to Do or Abstain from Doing any Act
 60.05 An order requiring a person to do an act, other than the payment of money, or to abstain from doing an act, may be enforced against the person refusing or neglecting to obey the order by a contempt order under rule 60.11.  R.R.O. 1990, Reg. 194, r. 60.05.
Failure to Comply with Interlocutory Order
 60.12 Where a party fails to comply with an interlocutory order, the court may, in addition to any other sanction provided by these rules, (a) stay the party’s proceeding; (b) dismiss the party’s proceeding or strike out the party’s defence; or (c) make such other order as is just.  R.R.O. 1990, Reg. 194, r. 60.12.
Dispute of Ownership of Property Seized by Sheriff
 60.13 (1) A person who makes a claim in respect of property or the proceeds of property taken or intended to be taken by a sheriff in the execution of any enforcement process against another person shall give notice to the sheriff of the claim and the address for service of the person making the claim.  R.R.O. 1990, Reg. 194, r. 60.13 (1); O. Reg. 248/21, s. 13. (2) On receiving a claim, the sheriff shall forthwith give notice of claim (Form 60M) to every creditor of the debtor who has filed an enforcement process with the sheriff, by mail addressed to the creditor at the address shown on the enforcement process, and the creditor shall within seven days after receiving the notice give the sheriff notice in writing stating whether the creditor admits or disputes the claim.  R.R.O. 1990, Reg. 194, r. 60.13 (2). (3) Where the sheriff, (a) receives a notice admitting the claim from every creditor; or (b) receives a notice admitting the claim from the creditor at whose direction the sheriff took or intended to take the property and does not receive a notice disputing the claim from any other creditor, he or she shall release the property in respect of which the claim is admitted.  R.R.O. 1990, Reg. 194, r. 60.13 (3). Interpleader Proceedings (4) Where the sheriff, (a) does not receive a notice disputing the claim; or (b) does not receive a notice disputing the claim from the creditor at whose direction the sheriff took or intended to take the property and receives a notice admitting the claim from every other creditor, the sheriff shall give notice to every creditor who has filed an enforcement process with the sheriff, by mail addressed to the creditor at the address shown on the enforcement process that, unless the creditor seeks an interpleader order under Rule 43 within 60 days of the date of the notice, the sheriff will release the property.  O. Reg. 348/97, s. 5. (5) Where the sheriff receives a notice disputing the claim, the sheriff shall give notice to the person making the claim by mail addressed to the person’s address for service
that, unless the person seeks an interpleader order under Rule 43 within 60 days of the date of the notice, the sheriff shall proceed as if the claim had been abandoned.  O. Reg. 348/97, s. 5; O. Reg. 248/21, s. 9.
Removal or Withdrawal of Writ from Sheriff’s File
 60.15 (1) When a writ has been fully executed or has expired, the sheriff shall so indicate in his or her file, and the writ shall be removed from the active file, transferred to a separate file of executed, expired and withdrawn writs and retained there.  O. Reg. 14/04, s. 27. Sheriff’s Procedure — Withdrawn Writs (2) When a writ is withdrawn, the sheriff shall record the date and time of the withdrawal, and if the writ is withdrawn as against all the debtors named in it, it shall be removed from the active file, transferred to a separate file of executed, expired and withdrawn writs and retained there.  O. Reg. 14/04, s. 27. Withdrawal of Writ by Person who Filed It (3) A person who has filed a writ with a sheriff may withdraw it as against one or more of the debtors named in it by, (a) giving the sheriff written instructions to that effect; or (b) subject to rule 60.20, filing a withdrawal of writ electronically. O. Reg. 43/14, s. 16; O. Reg. 487/16, s. 11. (4) Revoked:  O. Reg. 43/14, s. 16. Withdrawal of Writ on Debtor’s Request (5) When a judgment debt has been released by an order of discharge or by a certificate of full performance under the Bankruptcy and Insolvency Act (Canada), the debtor may request that the writ be withdrawn by giving the sheriff, (a) a written request to withdraw the writ (Form 60O); and (b) a certified copy of the order of discharge or a copy of the certificate of full performance.  O. Reg. 260/05, s. 12. (6) On receiving the documents described in subrule (5), the sheriff shall forthwith send the creditor, by mail addressed to the creditor at the address shown on the writ, a copy of the documents and a notice that the writ will be withdrawn unless the creditor, (a) makes a motion for an order under the Bankruptcy and Insolvency Act (Canada) that the judgment debt is not released by the order of discharge or certificate of full performance; and (b) within 30 days after the date of the sheriff’s notice, serves the sheriff with a copy of the notice of motion and a copy of all affidavits and other material served for use on the motion.  O. Reg. 260/05, s. 12. (7) The sheriff shall withdraw the writ after the day that is 30 days after the date of the notice to the creditor, unless the creditor has taken the steps described in clause (6) (b).  O. Reg. 14/04, s. 27. (8) If the creditor takes the steps described in clause (6) (b), the sheriff shall not withdraw the writ at the debtor’s request unless the court orders otherwise.  O. Reg. 14/04, s. 27.
Duty of Person Filing Writ with Sheriff
 60.16 (1) Where a writ of seizure and sale has been filed with a sheriff and any payment has been received by or on behalf of the creditor, the creditor shall forthwith give the sheriff notice of the payment.  R.R.O. 1990, Reg. 194, r. 60.16 (1); O. Reg. 259/14, s. 10. (1.1) Subject to rule 60.20, notice under subrule (1) may be filed with the sheriff electronically. O. Reg. 43/14, s. 17; O. Reg. 487/16, s. 12. (2) Where an order has been satisfied in full, the creditor shall withdraw all writs of execution relating to the order from the office of any sheriff with whom they have been filed.  R.R.O. 1990, Reg. 194, r. 60.16 (2). (3) Where the creditor fails to withdraw a writ as required by subrule (2), the court on motion by the debtor may order that the writ be withdrawn.  R.R.O. 1990, Reg. 194, r. 60.16 (3).
Motion for Directions
 60.17 Where a question arises in relation to the measures to be taken by a sheriff in carrying out an order, writ of execution or notice of garnishment, the sheriff or any interested person may make a motion for directions, (a) to the judge or officer who made the original order, at any place; (b) to a judge or officer who had jurisdiction to make the original order, in the sheriff’s county, despite rule 37.03 (where motions to be brought); or (c) where an appeal has been taken from the original order, to a judge of the court to which the appeal has been taken, at any place.  R.R.O. 1990, Reg. 194, r. 60.17; O. Reg. 689/20, s. 42. Examination in Aid of Execution Definitions 60.18 (1) In subrules (2) to (6), “creditor” includes a person entitled to obtain or enforce a writ of possession, delivery or sequestration; (“créancier”) “debtor” includes a person against whom a writ of possession, delivery or sequestration may be or has been issued. (“débiteur”)  R.R.O. 1990, Reg. 194, r. 60.18 (1). Examination of Debtor (2) A creditor may examine the debtor in relation to, (a) the reason for nonpayment or nonperformance of the order; (b) the debtor’s income and property; (c) the debts owed to and by the debtor; (d) the disposal the debtor has made of any property either before or after the making of the order; (e) the debtor’s present, past and future means to satisfy the order; (f) whether the debtor intends to obey the order or has any reason for not doing so; and (g) any other matter pertinent to the enforcement of the order.  R.R.O. 1990, Reg. 194, r. 60.18 (2). (3) An officer or director of a corporate debtor, or, in the case of a debtor that is a partnership or sole proprietorship, a partner or sole proprietor against whom the order may be enforced, may be examined on behalf of the debtor in relation to the matters set out in subrule (2).  R.R.O. 1990, Reg. 194, r. 60.18 (3). (4) Only one examination under subrule (2) or (3) may be held in a twelve month period in respect of a debtor in the same proceeding, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 60.18 (4). (5) Where it appears from an examination under subrules (2) to (4) that a debtor has concealed or made away with property to defeat or defraud creditors, a judge may make a contempt order against the debtor.  R.R.O. 1990, Reg. 194, r. 60.18 (5). Examination of Person other than Debtor (6) Where any difficulty arises concerning the enforcement of an order, the court may, (a) make an order for the examination of any person who the court is satisfied may have knowledge of the matters set out in subrule (2); and (b) make such order for the examination of any other person as is just.  R.R.O. 1990, Reg. 194, r. 60.18 (6). Service on Debtor (7) Despite clause 34.04 (1) (a) (service on lawyer), a party who is to be examined in aid of execution shall be served with a notice of examination personally or by an alternative to personal service.  O. Reg. 377/95, s. 5; O. Reg. 575/07, s. 1.
Examination in Aid of Execution
 60.18 (1) In subrules (2) to (6), “creditor” includes a person entitled to obtain or enforce a writ of possession, delivery or sequestration; (“créancier”) “debtor” includes a person against whom a writ of possession, delivery or sequestration may be or has been issued. (“débiteur”)  R.R.O. 1990, Reg. 194, r. 60.18 (1). Examination of Debtor (2) A creditor may examine the debtor in relation to, (a) the reason for nonpayment or nonperformance of the order; (b) the debtor’s income and property; (c) the debts owed to and by the debtor; (d) the disposal the debtor has made of any property either before or after the making of the order; (e) the debtor’s present, past and future means to satisfy the order; (f) whether the debtor intends to obey the order or has any reason for not doing so; and (g) any other matter pertinent to the enforcement of the order.  R.R.O. 1990, Reg. 194, r. 60.18 (2). (3) An officer or director of a corporate debtor, or, in the case of a debtor that is a partnership or sole proprietorship, a partner or sole proprietor against whom the order may be enforced, may be examined on behalf of the debtor in relation to the matters set out in subrule (2).  R.R.O. 1990, Reg. 194, r. 60.18 (3). (4) Only one examination under subrule (2) or (3) may be held in a twelve month period in respect of a debtor in the same proceeding, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 60.18 (4). (5) Where it appears from an examination under subrules (2) to (4) that a debtor has concealed or made away with property to defeat or defraud creditors, a judge may make a contempt order against the debtor.  R.R.O. 1990, Reg. 194, r. 60.18 (5). Examination of Person other than Debtor (6) Where any difficulty arises concerning the enforcement of an order, the court may, (a) make an order for the examination of any person who the court is satisfied may have knowledge of the matters set out in subrule (2); and (b) make such order for the examination of any other person as is just.  R.R.O. 1990, Reg. 194, r. 60.18 (6). Service on Debtor (7) Despite clause 34.04 (1) (a) (service on lawyer), a party who is to be examined in aid of execution shall be served with a notice of examination personally or by an alternative to personal service.  O. Reg. 377/95, s. 5; O. Reg. 575/07, s. 1.