On May 9, 2024, Order in Council 619/2024 was signed, proclaiming July 1, 2024 as the day on which section 1 of Schedule 3 of the Strengthening Safety and Modernizing Justice Act, 2023, S.O. 2023, c. 12, will come into force.
This provision amended the Courts of Justice Act by adding:
- new subsection 23 (1.1), which prohibits the commencement of an action in the Superior Court of Justice (SCJ) if the entire claim is within the jurisdiction of the Small Claims Court, unless leave of the SCJ is granted as provided in the rules of court; and
- new subsection 23 (1.2), which provides that subsection (1.1) does not apply with respect to a counterclaim, crossclaim or third or subsequent party claim, if the main action was commenced in the SCJ.
Related amendments to rules 14.01, 14.01.1, and 57.05 of the Rules of Civil Procedure that were made in O. Reg. 176/24 will also come into force on July 1, 2024, to align with the entry into force of the section 23 amendments. These rule amendments:
- provide that a motion for leave to commence a claim in the Superior Court of Justice pursuant to section 23(1.1) of the Courts of Justice Act may be made without notice unless the court orders otherwise;
- provide that such a motion may be granted only if it is in the interest of justice;
- move the existing provision in rule 14.01(3) respecting leave to commence a proceeding to a new location in rule 14.01.1; and
- provide that the court may order costs against a plaintiff if it determines that the plaintiff included a claim for relief in order to avoid commencing the proceeding in the Small Claims Court.
In a submission to the Standing Committee on Justice Policy (May 17, 2023), the OBA stated its support to the proposed amendment to section 23 of the Courts of Justice Act set out in paragraph 1 of Schedule 3 with respect to the requirement that leave of the Small Claims Court be required for matters to be commenced in the Superior Court.