COURTS OF JUSTICE ACT - O. Reg. 202/01

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ontario regulation 202/01

made under the

Courts of justice act

Made: May 11, 2001
Approved: June 13, 2001
Filed: June 15, 2001
Printed in The Ontario Gazette: June 30, 2001

Amending O. Reg. 114/99

(Family Law Rules)

1.Subrule 1 (3) of Ontario Regulation 114/99 is amended,

(a) by striking out “Regional Municipality of Hamilton-Wentworth” and substituting “City of Hamilton”;

(b) by striking out “Regional Municipality of Ottawa-Carleton” and substituting “City of Ottawa”; and

(c) by striking out “County of Victoria” and substituting “City of Kawartha Lakes”.

2.Subrule 3 (6) of the Regulation is revoked and the following substituted:

WRITTEN CONSENT TO CHANGE TIME

(6)The parties may, by consent in writing, change any time set out in these rules, except that they may not change a time set out in,

(a) clause 14 (11) (c) (confirmation of motion);

(b) subrules 17 (14) and (14.1) (confirmation of conference, late briefs);

(d) rule 39 (case management in Family Court of Superior Court of Justice); or

(e) rule 40 (case management in Ontario Court of Justice).

3.(1)Clause 13 (7) (b) of the Regulation is revoked and the following substituted:

(b) the financial statement contains the party’s signed direction to the Canada Customs and Revenue Agency (Form 13A) for disclosure of the party’s income and deduction printouts; or

(2)Subrule 13 (12) of the Regulation is revoked and the following substituted:

UPDATING FINANCIAL STATEMENT

(12)Before any case conference, motion, settlement conference or trial, each party shall update the information in any financial statement that is more than 30 days old by serving and filing,

(a) a new financial statement; or

(b) an affidavit saying that the information in the last statement has not changed and is still true.

MINOR CHANGES

(12.1)If there have been minor changes but no major changes to the information in a party’s past statement, the party may serve and file, instead of a new financial statement, an affidavit with details of the changes.

TIME FOR UPDATING

(12.2)The material described in subrules (12) and (12.1) shall be served and filed as follows:

1. For a case conference or settlement conference requested by a party, the requesting party shall serve and file at least seven days before the conference date and the other party shall serve and file at least four days before that date.

2. For a case conference or settlement conference that is not requested by a party, the applicant shall serve and file at least seven days before the conference date and the respondent shall serve and file at least four days before that date.

3. For a motion, the party making the motion shall serve and file at least seven days before the motion date and the other party shall serve and file at least four days before that date.

4. For a trial, the applicant shall serve and file at least seven days before the trial date and the respondent shall serve and file at least four days before that date.

4.(1)Subrule 14 (4) is revoked and the following substituted:

CASE CONFERENCE FOR EVERY MOTION

(4)A case conference shall be held for every motion.

NO MOTION BEFORE A CASE CONFERENCE

(4.1)No notice of motion or supporting evidence may be served and no motion may be heard before the case conference is held.

URGENCY, HARDSHIP ETC.

(4.2)Subrules (4) and (4.1) do not apply if the court is of the opinion that there is a situation of urgency or hardship or that a case conference is not required for some other reason in the interest of justice.

(2)Clause 14 (11) (c) of the Regulation is amended by striking out “not later than 2 p.m. on the day before the motion date” and substituting “not later than 2 p.m. two days before the motion date”.

(3)Rule 14 of the Regulation is amended by adding the following subrule:

NO LATE DOCUMENTS

(11.1)No documents for use on the motion may be served or filed after 2 p.m. two days before the motion date.

5.(1)Clause 17 (2) (a) of the Regulation is revoked and the following substituted:

(a) the clerk shall, on request, schedule a case conference or set a date for an uncontested trial or, in an uncontested divorce case, prepare the documents for a judge; and

(2)Subrule 17 (4.1) of the Regulation is amended by striking out “(Form 17C)” and substituting “(Form 17”).

(3)Clause 17 (8) (a) of the Regulation is amended by striking out “give directions for the trial” and substituting “give directions for the next step or steps in the case”.

(4)Subrule 17 (8) of the Regulation is amended by adding the following clause:

(a.1) order that the evidence of a witness at trial be given by affidavit;

(5)Subrule 17 (13) of the Regulation is revoked and the following substituted:

PARTIES TO SERVE BRIEFS

(13)For each conference, each party shall serve and file a case conference brief (Form 17A or Form 17B), settlement conference brief (Form 17C or Form 17D) or trial management conference brief (Form 17E), as appropriate.

TIME FOR SERVICE OF BRIEFS

(13.1)The party requesting the conference (or, if the conference is not requested by a party, the applicant) shall serve and file a brief not later than seven days before the date scheduled for the conference and the other party shall do so not later than four days before that date.

(6)Subrule 17 (14) of the Regulation is amended by striking out “not later than 2 p.m. on the day before the date scheduled for the conference” and substituting “not later than 2 p.m. two days before the date scheduled for the conference”.

(7)Rule 17 of the Regulation is amended by adding the following subrule:

NO LATE BRIEFS

(14.1)No brief or other document for use at the conference may be served or filed after 2 p.m. two days before the date scheduled for the conference.

(8)Subrule 17 (22.2) of the Regulation is revoked and the following substituted:

OFFERS TO SETTLE

(22.2)An offer to settle shall not be filed in the court file or continuing record except,

(a) as part of a settlement conference brief; or

(b) as directed by the court.

6.(1)Subrule 23 (1) of the Regulation is amended by striking out “at least 14 days before the start of the trial” and substituting “at least 30 days before the start of the trial”.

(2)Paragraph 7 of subrule 23 (1) of the Regulation is revoked and the following substituted:

7. The relevant parts of any transcript on which the party intends to rely at trial.

(3)Rule 23 of the Regulation is amended by adding the following subrule:

DIRECTION, EVIDENCE BY AFFIDAVIT

(20.1)A direction made at a conference that the evidence of a witness be given by affidavit shall be followed at trial unless the trial judge orders otherwise.

(4)Clause 23 (21) (b) of the Regulation is amended by striking out “at least 14 days before the trial starts” and substituting “at least 30 days before the start of the trial”.

(5)Subrule 23 (22) of the Regulation is amended by striking out “Form 23C” and substituting “Form 14A or Form 23C”.

(6)The English version of subrule 23 (23) of the Regulation is amended by striking out “the trial starts” and substituting “the start of the trial”.

7.Clause 39 (5) (c) of the Regulation is revoked and the following substituted:

(c) if no answer has been filed in response to an application, or if no affidavit has been filed in response to a motion to change a final order or agreement, send the case to a judge for a decision on the basis of affidavit evidence or, on request, schedule a case conference; and

8.Clause 40 (4) (c) of the Regulation is revoked and the following substituted:

9.Forms 8, 8D, 10, 13A, 14C and 15 of the Regulation are revoked and the following substituted:

Court File Number
……...……………………
Form 8: Application
(General)
SEAL / at / (Name of court)
Court office address
Applicant(s)
Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any). / Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).
Respondent(s)
Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any). / Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).
TO THE RESPONDENT(S):
A COURT CASE HAS BEEN STARTED AGAINST YOU IN THIS COURT. THE DETAILS ARE SET OUT ON THE ATTACHED PAGES.
¨ THE FIRST COURT DATE IS (date) ……………..…….
AT ...... a.m./p.m. or as soon as possible after that time, at: (address)
NOTE: If this is a divorce case, no date will be set unless an Answer is filed
If you have also been served with a notice of motion, there may be an earlier court date and you or your lawyer should come to court for the motion.
¨ THIS CASE IS ON THE FAST TRACK OF THE CASE MANAGEMENT SYSTEM. A case management judge will be assigned by the time this case first comes before a judge. / ¨ THIS CASE IS ON THE STANDARD TRACK OF THE CASE MANAGEMENT SYSTEM. No court date has been set for this case but, if you have been served with a notice of motion, it has a court date and you or your lawyer should come to court for the motion. A case management judge will not be assigned until one of the parties asks the clerk of the court to schedule a case conference or until a notice of motion under subrule 14 (5) is served before a case conference has been held. If, after 200 days, the case has not been scheduled for trial, the clerk of the court will send out a warning that the case will be dismissed in 30 days unless the parties file proof that the case has been settled or one of the parties asks for a case conference or a settlement conference.
IF YOU WANT TO OPPOSE ANY CLAIM IN THIS CASE, you or your lawyer must prepare an Answer (Form 10 — a blank copy should be attached), serve a copy on the applicant(s) and file a copy in the court office with an Affidavit of Service (Form 6B). YOU HAVE ONLY 30 DAYS AFTER THIS APPLICATION IS SERVED ON YOU (60 DAYS IF THIS APPLICATION IS SERVED ON YOU OUTSIDE CANADA OR THE UNITED STATES) TO SERVE AND FILE AN ANSWER. IF YOU DO NOT, THE CASE WILL GO AHEAD WITHOUT YOU AND THE COURT MAY MAKE AN ORDER AND ENFORCE IT AGAINST YOU.
Check this box if this paragraph applies / ¨ / This case includes a claim for support or for property. You MUST fill out a Financial Statement (Form 13 — a blank copy attached), serve a copy on the applicant(s) and file a copy in the court office with an Affidavit of Service even if you do not answer this case.
If you want to make a claim of your own, you or your lawyer must fill out the claim portion in the Answer, serve a copy on the applicant(s) and file a copy in the court office with an Affidavit of Service.
You should get legal advice about this case right away. If you cannot afford a lawyer, you may be able to get help from your local Legal Aid office. (See your telephone directory under LEGAL AID).
Date of issue / Clerk of the court
Continued on other side. ®
Form 8: Application (General) (page 2) Court file number ………...
FAMILY HISTORY
APPLICANT: Age: ………………….. Birthdate: (d,m,y) .…………………...……………………………………………………......
Resident in (municipality & province) .………………………………………………………………………………………………...…………......
since (date) ...... ………………………………………………………………………………………………...…………......
Surname at birth: ……………………………………………….. Surname just before marriage: .……………………………...…..……….…...….
Divorced before? ¨ No. ¨ Yes. (Place and date of previous divorce) ………………………………………………...……...
RESPONDENT: Age: …………… Birthdate: …………………………………….…...…………...………………………...………
Resident in (municipality & province) ………………………………………………………………………………………………………..……...
since (date) ………………………………………………………………………………………………………………………………………………….…………
Surname at birth:………………………………………………..Surname just before marriage: …………………………………………...……….
Divorced before? ¨ No. ¨ Yes. (Place and date of previous divorce) …………………………………....………………....
RELATIONSHIP DATES:
¨ Married on (date) ¨ Started living together on (date)
¨ Separated on (date) ¨ Never lived together. ¨ Still living together.
THE CHILD(REN):
List all children involved in this case, even if no claim is made for these children.
Full Legal Name / Age / Birthdate / Resident in
(municipality & province) / Now Living with
(name of person and relationship to child) /
PREVIOUS CASES OR AGREEMENTS
Have the parties or the children been in a court case before?
¨ No. ¨ Yes. (Attach a summary of court cases — Form 8E.)
Have the parties made a written agreement dealing with any matter involved in this case?
¨ No. ¨ Yes. (Give date of agreement. Indicate which of its terms are in dispute. Attach an additional page if you need more space.)
Continued on next sheet. ®
Form 8: Application (General) (page 3) Court file number ……..….
CLAIM BY APPLICANT
I ASK THE COURT FOR THE FOLLOWING:
(Claims below include claims for temporary orders.)
Claims under the Divorce Act (Canada)
(Check boxes in this column only if you are asking for a divorce and your case is in the Family Court of the Superior Court of Justice.) / Claims under the Family Law Act or Children’s Law Reform Act / Claims relating to property
(Check boxes in this column only if your case is in the Family Court of the Superior Court of Justice.)
00 ¨ a divorce
01 ¨ support for me
02 ¨ support for child(ren)
03 ¨ custody of child(ren)
04 ¨ access to child(ren) / 10 ¨ support for me
11 ¨ support for child(ren)
12 ¨ custody of child(ren)
13 ¨ access to child(ren)
14 ¨ restraining/non-harassment order
15 ¨ indexing spousal support
16 ¨ indexing same-sex partner support
17 ¨ declaration of parentage
18 ¨ guardianship over child’s property / 20 ¨ equalization of net family properties
21 ¨ exclusive possession of matrimonial home
22 ¨ exclusive possession of contents of matrimonial home
23 ¨ freezing assets
24 ¨ sale of family property
Other claims
30 ¨ costs
31 ¨ annulment of marriage
32 ¨ prejudgment interest / 50 ¨ (Other; specify.)
Give details of the order that you want the court to make. (Include any amounts of support (if known) and the names of the children for whom support, custody or access is claimed.)
Continued on other side. ®
Form 8: Application (General) (page 4) Court file number ……..….
IMPORTANT FACTS SUPPORTING MY CLAIM FOR DIVORCE
¨ Separation: The spouses have lived separate and apart since (date) ..………………………………………….……………………….. and
¨ have not lived together again since that date in an unsuccessful attempt to reconcile.
¨ have lived together again during the following period(s) in an unsuccessful attempt to reconcile: (Give dates.)
¨ Adultery: The respondent has committed adultery. (Give details. It is not necessary to name any other person involved but, if you do name the other person, then you must serve this application on the other person.)
¨ Cruelty: The respondent has treated the applicant with physical or mental cruelty of such a kind as to make continued cohabitation intolerable. (Give details.)
IMPORTANT FACTS SUPPORTING MY OTHER CLAIM(S)
(Set out below the facts that form the legal basis for your other claim(s). Attach an additional page if you need more space.)
Put a line through any space left on this page. If additional space is needed, extra pages may be attached
Date of signature / Signature of applicant
For divorce cases only LAWYER’S CERTIFICATE
My name is:
and I am the applicant’s lawyer in this divorce case. I certify that I have complied with the requirements of section 9 of the Divorce Act (Canada).
Date / Signature of Lawyer

. . . . .