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ARTICLE · 04 MARCH 2022

Anticipated Changes To Rules Effective March 31, 2022 Regarding Pre-trials And Expert Reports

Ontario Regulation 18/22, which will come into force on March 31, 2022, sets out a number of modifications to the Rules of Civil Procedure ("Rules").

CanadaLitigation, Mediation & Arbitration

Ontario Regulation 18/22, which will come into force on March 31, 2022, sets out a number of modifications to the Rules of Civil Procedure ("Rules").

The changes, which concern pre-trial conferences and how late-served expert reports are dealt with, will apply to all actions currently in place and forthcoming.

The objective of the upcoming changes is to increase productiveness of pre-trial conferences, as well as decrease service of late expert reports.

Certificate of Readiness to be filed

Pursuant to the amendments, each party will be required to deliver a certificate of readiness (Form 50A), at least 30 days before a pre-trial conference (subrule 50.03.1(1)).

On the form, a party should indicate whether it intends to call expert evidence at trial, and for each expert, whether the report of the expert has been served as required by the Rules. If not, the reason(s) why should be specified on the form.

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