Posted January 8, 2026 by LAWPRO

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From the Court Services Division of the Ministry of the Attorney General

On January 6, 2026, two new regulations were filed to amend the Rules of Civil Procedure, R.R.O. 1990, Reg. 194.

First, Ontario Regulation 2/26 introduces restrictions on parties’ choice of court location and increases judicial authority to transfer proceedings to a new location.

In summary, O. Reg. 2/26 updates Rule 13.1 in two key respects:

Rule 13.1.01: Replaces the existing freedom that plaintiffs and applicants have to choose a court location (unless a statute or rule provides otherwise) with a new requirement for the plaintiff or applicant to commence their proceeding in a court location with which there is a rational connection, on the basis of factors set out in existing rule 13.1.02(2)(b).

Rule 13.1.02: Replaces the existing authority of a Regional Senior Judge (RSJ) to transfer a proceeding to another court location within their region on their own initiative (i.e. without requiring a motion by a party) with a broader authority of any judge or associate judge to transfer a proceeding commenced at their court location to any other court location in the province on their own initiative, on the basis of the existing factors in rule 13.1.02(2)(b). The amendments also clarify that the hearing previously required before the RSJ made a transfer order continues to be required for all judges contemplating a transfer and specifically designate the hearing as a case conference.

As a housekeeping matter, O. Reg. 2/26 also revokes a prior commencement provision that was already marked as spent.

The amendments in O. Reg. 2/26 respecting judicial authority to transfer proceedings came into force on the day of filing (January 6, 2026), and the amendments respecting parties’ obligation to select a rationally connected venue will come into force on February 1, 2026.

Second, Ontario Regulation 3/26 introduces specialized forms for use in various types of motions during appeals in the Court of Appeal and Divisional Court, to support clarity for users. The new forms mirror the existing generic motion form (Form 37A). However, the title of each new form states the type of motion in which it is to be used, the forms contain fillable fields specifically designed for parties in appeal proceedings, and the options for methods of attendance are tailored to the particular court and hearing type. The existing notice of appeal forms have been similarly reformatted, as well as being renumbered.

In summary, O. Reg. 3/26 introduces or modifies the following 8 forms, prescribed in the indicated rules:

Rule 61.03: New Form 61A Notice of Motion for Leave to Appeal to the Divisional Court

Rule 61.03.1: New Form 61A.1 Notice of Motion for Leave to Appeal to the Court of Appeal

Rule 61.04:

• Renumbered and revised Form 61A.2 (Notice of Appeal to the Court of Appeal – previously Form 61A)
• Renumbered and revised Form 61A.3 (Notice of Appeal to the Divisional Court – previously Form 61A.1)

Rule 61.16:

• New Form 61M Notice of Motion Before a Single Judge – Court of Appeal
• New Form 61N Notice of Motion Before a Single Judge – Divisional Court
• New Form 61O Notice of Motion Before a Panel – Court of Appeal
• New Form 61P Notice of Motion Before a Panel – Divisional Court

Reg. 3/26 also includes:

• Complementary amendments to clarify the form to be used to seek leave to appeal to the Divisional Court in specific circumstances under the Class Proceedings Act and the Rules of Civil Procedure (rules 12.06 and 62.02) or to seek leave to apply for judicial review (rule 68.01); and
• Housekeeping amendments to reflect the creation of new notice of motion forms and to correct French terminology (rules 37.01, 37.06, 37.10).

The new and revised forms are available for download on the Ontario Court Forms website.

The amendments in O. Reg. 3/26 and the incorporated forms will come into force on February 1, 2026.

A summary of O. Reg. 2/26 and O. Reg. 3/26 is available on the Regulatory Registry at: 26-MAG001.