Ottawa Men's Centre Legal Resources
Courts of Justice Act
ONTARIO REGULATION 114/99
Amended to O. Reg. 89/04
RULE 4: REPRESENTATION
REPRESENTATION FOR A PARTY
4. (1) A party may,
(a) appear without a lawyer or other representative;
(b) be represented by a lawyer; or
(c) be represented by a person who is not a lawyer, but only if
the court gives permission in advance. O. Reg. 114/99,
r. 4 (1).
PRIVATE REPRESENTATION OF SPECIAL PARTY
(2) The court may authorize a person to
represent a special party if the person is,
(a) appropriate for the task; and
(b) willing to act as representative. O. Reg. 114/99, r.
4 (2).
PUBLIC LAW OFFICER TO REPRESENT SPECIAL PARTY
(3) If there is no appropriate person
willing to act as a special party’s representative, the court may authorize the
Children’s Lawyer or the Public Guardian and Trustee to act as representative,
but only with that official’s consent. O. Reg. 114/99, r. 4 (3).
SERVICE OF AUTHORIZATION TO REPRESENT
(4) An order under subrule (2) or (3)
shall be served immediately, by the person who asked for the order or by any
other person named by the court,
(a) on the representative; and
(b) on every party in the case. O. Reg. 114/99, r.
4 (4).
REPRESENTATION OF PARTY WHO DIES
(5) If a party dies after the start of
a case, the court may make the estate trustee a party instead, on motion
without notice. O. Reg. 114/99, r. 4 (5).
AUTHORIZING REPRESENTATIVE FOR PARTY WHO DIES
(6) If the party has no estate trustee,
the court may authorize an appropriate person to act as representative, with
that person’s consent, given in advance. O. Reg. 114/99, r. 4 (6).
LAWYER FOR CHILD
(7) In a case that involves a child who
is not a party, the court may authorize a lawyer to represent the child, and
then the child has the rights of a party, unless the court orders
otherwise. O. Reg. 114/99, r. 4 (7).
CHILD’S RIGHTS SUBJECT TO STATUTE
(8) Subrule (7) is subject to section
38 (legal representation of child, protection hearing) and subsection 114 (6)
(legal representation of child, secure treatment hearing) of the Child and
Family Services Act. O. Reg. 114/99, r. 4 (8).
CHOICE OF LAWYER
(9) A party appearing without a lawyer
may choose a lawyer by,
(a) serving on every other party and filing a notice of change
in representation (Form 4) containing the lawyer’s consent to act; or
(b) having a lawyer come to court on the party’s behalf.
O. Reg. 114/99, r. 4 (9).
CHANGE IN REPRESENTATION
(10) Except as subrule (10.1) provides,
a party represented by a lawyer may, by serving on every other party and filing
a notice of change in representation (Form 4),
(a) change lawyers; or
(b) appear without a lawyer. O. Reg. 91/03,
s. 1.
EXCEPTION, CHILD PROTECTION CASE SCHEDULED FOR TRIAL
(10.1) In a child protection case that
has been scheduled for trial or placed on a trial list, a party may act under
clause (10) (b) only with the court’s permission, obtained in advance by motion
made with notice. O. Reg. 91/03, s. 1.
NOTICE OF CHANGE IN REPRESENTATION
(11) A notice of change in
representation shall,
(a) contain the party’s address for service, if the party wants
to appear without a lawyer; or
(b) show the name and address of the new lawyer, if the party
wants to change lawyers. O. Reg. 114/99, r. 4 (11).
LAWYER’S REMOVAL FROM THE CASE
(12) A lawyer may make a motion for an
order to be removed from the case, with notice to the client and to,
(a) the Children’s Lawyer, if the client is a child;
(b) the Public Guardian and Trustee, if the client is or
appears to be mentally incapable in respect of an issue in the case. O.
Reg. 114/99, r. 4 (12).
NOTICE OF MOTION TO REMOVE LAWYER
(13) Notice of a motion to remove a
lawyer shall also be served on the other parties to the case, but the evidence
in support of the motion shall not be served on them, shall not be put into the
continuing record and shall not be kept in the court file after the motion is
heard. O. Reg. 114/99, r. 4 (13).
AFFIDAVIT IN SUPPORT OF MOTION TO REMOVE LAWYER
(14) The affidavit in support of the
motion shall indicate what stage the case is at, the next event in the case and
any scheduled dates. O. Reg. 114/99, r. 4 (14).
CONTENTS AND SERVICE OF ORDER REMOVING LAWYER
(15) The order removing the lawyer from
the case shall,
(a) set out the client’s last known address for service;
and
(b) be served on all other parties, served on the client by mail, fax or electronic mail at the client’s last known address and filed immediately. O. Reg. 114/99, r. 4 (15).