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.
(1) An endorsement of every order shall be made on the appeal book and compendium, record, notice of motion or notice of application by the court, judge or officer making it, unless the circumstances make it impractical to do so. R.R.O. 1990, Reg. 194, r. 59.02 (1); O. Reg. 19/03, s. 10.
(2) Where written reasons are delivered,
(a) in an appellate court, an endorsement is not required;
(b) in any other court, the endorsement may consist of a reference to the reasons,
and a copy of the reasons shall be filed in the court file. R.R.O. 1990, Reg. 194, r. 59.02 (2).
Preparation of Draft Formal Order
(1) Any party affected by an order may prepare a draft of the formal order and send it to all other parties represented at the hearing for approval of its form. R.R.O. 1990, Reg. 194, r. 59.03 (1).
(2) Revoked: O. Reg. 739/94, s. 3.
General Form of Order
(3) An order shall be in Form 59A (order), 59B (judgment) or 59C (order or certificate on appeal) and shall contain,
(a) the name of the judge or officer who made it;
(b) the date on which it was made; and
(c) a recital of the particulars necessary to understand the order, including the date of the hearing, the parties who were present or represented by a lawyer and those who were not, and any undertaking given by a party as a condition of the order. R.R.O. 1990, Reg. 194, r. 59.03 (3); O. Reg. 132/04, s. 12; O. Reg. 575/07, s. 4.
(4) The operative parts of an order shall be divided into paragraphs, numbered consecutively. R.R.O. 1990, Reg. 194, r. 59.03 (4).
Order Directing Payment for Minor
(5) An order directing payment into court or to a trustee on behalf of a minor shall show the minor’s birth date and full address and shall direct that a copy of the order be served on the Children’s Lawyer. R.R.O. 1990, Reg. 194, r. 59.03 (5); O. Reg. 69/95, s. 19.
Order for Costs
(6) An order for the payment of costs shall direct payment to the party entitled to receive the costs and not to the party’s lawyer. R.R.O. 1990, Reg. 194, r. 59.03 (6); O. Reg. 575/07, s. 1.
Order on which Interest Payable
(7) An order for the payment of money on which postjudgment interest is payable shall set out the rate of interest and the date from which interest is payable. R.R.O. 1990, Reg. 194, r. 59.03 (7).
(8) Revoked: O. Reg. 131/04, s. 14.
General
(1) Every order shall be submitted in accordance with subrules (5) to (9) for the signature of,
(a) in the case of an order of the Court of Appeal, the Registrar of the court; or
(b) in any other case, the registrar at the place of hearing or where the proceeding was commenced,
unless the court, judge or officer who made the order has signed it. R.R.O. 1990, Reg. 194, r. 59.04 (1).
(2) Where an order states that it may be signed only on the filing of an affidavit or the production of a document, the registrar shall examine the affidavit or document and ascertain that it is regular and sufficient before signing the order. R.R.O. 1990, Reg. 194, r. 59.04 (2).
(3) Where a judge ceases to hold office or becomes incapacitated after making an order but before it is signed, another judge may settle and sign it. R.R.O. 1990, Reg. 194, r. 59.04 (3).
(4) Where a master ceases to hold office or becomes incapacitated after making an order but before it is signed, another master or a judge may settle and sign it. R.R.O. 1990, Reg. 194, r. 59.04 (4).
Signing Where Form of Draft Order Approved
(5) Where all the parties represented at the hearing have approved the form of the order, the party who prepared the draft order shall,
(a) file the approval of all the parties represented at the hearing, together with a copy of the order; and
(b) leave the order with the registrar for signing. R.R.O. 1990, Reg. 194, r. 59.04 (5).
(6) Revoked: O. Reg. 739/94, s. 4.
(7) Revoked: O. Reg. 131/04, s. 15.
Where Registrar Satisfied
(8) Where the registrar is satisfied that the order is in proper form, he or she shall sign the order and return it to the party who left it to be signed. R.R.O. 1990, Reg. 194, r. 59.04 (8).
Where Registrar not Satisfied
(9) Where the registrar is not satisfied that the order is in proper form, he or she shall return the order unsigned to the party who left it to be signed and the party may,
(a) submit the order in proper form and, if required by the registrar, file the approval of the parties to the order in that form, together with a copy of the order; or
(b) obtain an appointment to have the order settled by the court, judge or officer that made it and serve notice of the appointment on all other parties who were represented at the hearing. R.R.O. 1990, Reg. 194, r. 59.04 (9).
Appointment to Settle Where Form of Draft Order not Approved
(10) Where approval is not received within a reasonable time, a party may obtain an appointment to have the order settled by the registrar or, where the registrar considers it necessary, by the court, judge or officer that made it, and notice of the appointment shall be served on all other parties who were represented at the hearing. R.R.O. 1990, Reg. 194, r. 59.04 (10).
Urgent Cases
(11) In a case of urgency, the order may be settled and signed by the court, judge or officer that made it without the approval of any of the parties who were represented at the hearing. R.R.O. 1990, Reg. 194, r. 59.04 (11).
Appointment to Settle Disputed Order before Judge or Officer
(12) Where an objection is taken to the proposed form of the order in the course of its settlement before a registrar, the registrar shall settle the order in the form he or she considers proper and the objecting party may obtain an appointment with the court, judge or officer that made the order to settle the part of the order to which objection has been taken and serve notice of the appointment on all other parties who were represented at the hearing. R.R.O. 1990, Reg. 194, r. 59.04 (12).
(13) Where the order was made by a court that consisted of more than one judge, the appointment shall be with the judge who presided at the hearing or, where he or she is unavailable, any other judge who was present at the hearing. R.R.O. 1990, Reg. 194, r. 59.04 (13).
(14) The judge with whom an appointment is obtained under subrule (13) may refer the settling of the order to the full court that made the order. R.R.O. 1990, Reg. 194, r. 59.04 (14).
(15) Where an appointment is not obtained under subrule (12) or (13) within seven days after the registrar settles the order, a party may require the registrar to sign the order as settled by him or her. R.R.O. 1990, Reg. 194, r. 59.04 (15).
(16) After an order has been settled under subrule (12) by the judge or officer who made it, or under subrule (13) or (14), the registrar shall sign it unless it was signed by a judge or officer at the time it was settled. R.R.O. 1990, Reg. 194, r. 59.04 (16).
Every Order to be Entered and Filed
(1) Every order shall be entered in accordance with subrules (2) to (6) immediately after it is signed and the party having the order signed shall give to the registrar the original and a sufficient number of copies for the purpose of entering and filing it. R.R.O. 1990, Reg. 194, r. 59.05 (1).
(2) The registrar shall enter an order by,
(a) noting at the foot of the original the entry book in which a copy is to be inserted or the microfilm on which the original is to be photographed, together with the date of the insertion or photograph; and
(b) inserting a copy in an entry book or microfilming the original. R.R.O. 1990, Reg. 194, r. 59.05 (2).
Where Order to be Entered and Filed
(3) Every order shall be entered in the office of the registrar in which the action or application was commenced and a copy of the order as entered shall be filed in the court file. R.R.O. 1990, Reg. 194, r. 59.05 (3).
(4) Where an order in a subsequent action or application affirms, reverses, sets aside, varies or amends an earlier order, it shall be entered not only in the office described in subrule (3) but also in the office in which the earlier order was entered. R.R.O. 1990, Reg. 194, r. 59.05 (4).
(5) An order of the Court of Appeal shall be entered not only in the office described in subrule (3) but also in the office of the Registrar of the Court of Appeal. O. Reg. 61/96, s. 4.
(6) 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 local registrar at Toronto and 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. R.R.O. 1990, Reg. 194, r. 59.05 (6).
Amending
(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).
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.