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Courts of Justice Act

ONTARIO REGULATION 114/99

FAMILY LAW RULES

Consolidation Period: From December 11, 2007 to the e-Laws currency date.

Last amendment: O. Reg. 561/07.

This is the English version of a bilingual regulation.

CONTENTS

RULE 1: GENERAL

CITATION

1.  (1)  These rules may be cited as the Family Law Rules. O. Reg. 439/07, s. 1.

CASES AND COURTS TO WHICH RULES APPLY

(2)  These rules apply to all family law cases in the Family Court of the Superior Court of Justice, in the Superior Court of Justice and in the Ontario Court of Justice,

(a) under,

(i) the Change of Name Act,

(ii) Parts III, VI and VII of the Child and Family Services Act,

(iii) the Children’s Law Reform Act, except sections 59 and 60,

(iv) the Divorce Act (Canada),

(v) the Family Law Act, except Part V,

(vi) the Family Responsibility and Support Arrears Enforcement Act, 1996,

(vii) sections 6 and 9 of the Marriage Act, and

(viii) the Interjurisdictional Support Orders Act, 2002;

(b) for the interpretation, enforcement or variation of a marriage contract, cohabitation agreement, separation agreement or paternity agreement;

(c) for a constructive or resulting trust or a monetary award as compensation for unjust enrichment between persons who have cohabited; and

(d) for annulment of a marriage or a declaration of validity or invalidity of a marriage. O. Reg. 441/99, s. 1 (2); O. Reg. 56/03, s. 1; O. Reg. 89/04, s. 1 (1).

(2.1)  Revoked: O. Reg. 89/04, s. 1 (2).

CASE MANAGEMENT IN FAMILY COURT OF SUPERIOR COURT OF JUSTICE

(3)  Despite subrule (2), rule 39 (case management in the Family Court of the Superior Court of Justice) applies only to cases in the Family Court of the Superior Court of Justice, which has jurisdiction in the following municipalities:

Regional Municipality of Durham

County of Frontenac

County of Haliburton

City of Hamilton

County of Lanark

United Counties of Leeds and Grenville

County of Lennox and Addington

County of Middlesex

Territorial District of Muskoka

The part of The Regional Municipality of Niagara that was the County of Lincoln as it existed on December 31, 1969

County of Northumberland

City of Ottawa

County of Peterborough

United Counties of Prescott and Russell

County of Simcoe

United Counties of Stormont, Dundas and Glengarry

City of Kawartha Lakes

Regional Municipality of York.

O. Reg. 441/99, s. 1 (2); O. Reg. 202/01, s. 1.

CASE MANAGEMENT IN ONTARIO COURT OF JUSTICE

(4)  Despite subrule (2), rule 40 (case management in the Ontario Court of Justice) applies only to cases in the Ontario Court of Justice. O. Reg. 114/99, r. 1 (4).

CASE MANAGEMENT IN THE SUPERIOR COURT OF JUSTICE

(4.1)  Despite subrule (2), rule 41 (case management in the Superior Court of Justice, other than the Family Court of the Superior Court of Justice) applies only to cases in the Superior Court of Justice that are not in the Family Court of the Superior Court of Justice. O. Reg. 89/04, s. 1 (3).

FAMILY LAW CASE COMBINED WITH OTHER MATTER

(5)  If a case in the court combines a family law case to which these rules apply with another matter to which these rules would not otherwise apply, the parties may agree or the court on motion may order that these rules apply to the combined case or part of it. O. Reg. 114/99, r. 1 (5). 

CONDITIONS AND DIRECTIONS

(6)  When making an order, the court may impose conditions and give directions as appropriate. O. Reg. 114/99, r. 1 (6).

MATTERS NOT COVERED IN RULES

(7)  If these rules do not cover a matter adequately, the court may give directions, and the practice shall be decided by analogy to these rules, by reference to the Courts of Justice Act and the Act governing the case and, if the court considers it appropriate, by reference to the Rules of Civil Procedure. O. Reg. 114/99, r. 1 (7).

FAILURE TO FOLLOW RULES OR OBEY ORDER

(8)  The court may deal with a failure to follow these rules, or a failure to obey an order in the case or a related case, by making any order that it considers necessary for a just determination of the matter, on any conditions that the court considers appropriate, including,

(a) an order for costs;

(b) an order dismissing a claim made by a party who has wilfully failed to follow the rules or obey the order. O. Reg. 114/99, r. 1 (8).

REFERENCE TO FORMS

(9)  In these rules, when a form is referred to by number, the reference is to the form with that number that is described in the Table of Forms at the end of these rules and is available on the Internet through www.ontariocourtforms.on.ca. O. Reg. 76/06, s. 1 (1).

USE OF FORMS

(9.1)  The forms authorized by these rules and set out in the Table of Forms shall be used where applicable and may be adjusted as needed to fit the situation. O. Reg. 76/06, s. 1 (1).

FORMAT OF WRITTEN DOCUMENTS

(10)  Every written document in a case,

(a) shall be legibly typed or printed;

(b) shall be on white paper, or on white or nearly white paper with recycled paper content; and

(c) may appear on one or both sides of the page. O. Reg. 114/99, r. 1 (10). 

PRACTICE DIRECTIONS

(11)  In subrules (12), (12.1) and (12.2),

“practice direction” means a direction, notice, memorandum or guide for the purpose of governing, subject to these rules, the conduct of cases in any area. O. Reg. 561/07, s. 1.

REQUIREMENTS FOR PRACTICE DIRECTION

(12)  A practice direction shall be approved in advance by the Chief Justice or Chief Judge of the court, filed with the secretary of the Family Rules Committee and posted on the Ontario Courts website, and notice of the practice direction shall be published in the Ontario Reports. O. Reg. 561/07, s. 1.

EFFECTIVE DATE OF PRACTICE DIRECTION

(12.1)  A practice direction does not come into effect before it is filed and posted and notice of it is published as described in subrule (12). O. Reg. 561/07, s. 1.

OLD PRACTICE DIRECTIONS

(12.2)  Practice directions that were issued before these rules take effect no longer apply. O. Reg. 561/07, s. 1.

TRANSITIONAL PROVISION

(13)  If a case was started in the Superior Court of Justice, other than in the Family Court of the Superior Court of Justice, before July 1, 2004, the following applies:

1. The case or a step in the case shall be carried on under these rules on or after July 1, 2004.

2. If the case was not governed by the Family Case Management Rules for the Superior Court of Justice in Toronto or by the Essex Family Case Management Rules before July 1, 2004 and a step in the case is taken on or after that date, the timetable set out in subrule 41 (5) and subrules 41 (6), (7) and (8) apply as if the case started on the date on which the step was taken.

3. If the case was governed by the Family Case Management Rules for the Superior Court of Justice in Toronto before July 1, 2004, the timetable established for the case when it was started applies to the case on or after July 1, 2004.

4. If the case was governed by the Essex Family Case Management Rules before July 1, 2004 and a family consent timetable was made by the court before that date, the family consent timetable continues to apply to the case on or after July 1, 2004.

5. If the case was governed by the Essex Family Case Management Rules before July 1, 2004 but no family consent timetable was made by the court before that date,

i. the case management order expires on July 1, 2004, and

ii. if a step in the case is taken on or after July 1, 2004, the timetable set out in subrule 41 (5) and subrules 41 (6), (7) and (8) apply to the case as if the case started on the date on which the step was taken. O. Reg. 89/04, s. 1 (4).

(14)  Revoked: O. Reg. 76/06, s. 1 (2).

RULE 2: INTERPRETATION

DEFINITIONS

2.  (1)  In these rules,

“address” means a person’s street or municipal address, mailing address, telephone number, fax number and electronic mail address; (“adresse”)

“appellant” means a person who starts an appeal; (“appelant”)

“applicant” means a person who starts an application; (“requérant”)

“application” means, as the context requires, the document that starts a case or the procedure by which new cases are brought to the court for a final order or provisional order; (“requête”)

“bond” includes a recognizance, and expressions that refer to the posting of a bond include the act of entering into a recognizance; (“cautionnement”)

“case” means an application or any other method allowed in law for bringing a matter to the court for a final order or provisional order, and includes all motions, enforcements and appeals; (“cause”)

“change”, when used to refer to an order or agreement, means to vary, suspend or discharge, or a variation, suspension or discharge (depending on whether the word is used as a verb or as a noun); (“modifier”, “modification”)

“child” means a child as defined in the Act governing the case or, if not defined in that Act, a person under the age of 18 years, and in a case under the Divorce Act (Canada) includes a “child of the marriage” within the meaning of that Act; (“enfant”)

“child protection case” means a case under Part III of the Child and Family Services Act; (“cause portant sur la protection d’un enfant”)

“clerk” means a person who has the authority of a clerk or a registrar of the court; (“greffier”)

“contempt motion” means a motion for a contempt order; (“motion pour outrage”)

“contempt order” means an order finding a person in contempt of court; (“ordonnance pour outrage”)

“continuing record” means the record made under Rule 9 containing, in accordance with these rules, written documents in a case that are filed with the court; (“dossier continu”)

“corporation” French version only.

“court” means the court in which a case is being heard; (“tribunal”)

“default hearing” means a hearing under section 41 of the Family Responsibility and Support Arrears Enforcement Act, 1996 in which a payor is required to come to court to explain why payment has not been made as required by a support order; (“audience sur le défaut”)

“Director of the Family Responsibility Office” means the Director of the Family Responsibility Office under the Family Responsibility and Support Arrears Enforcement Act, 1996, and “Director” has the same meaning, unless the context requires otherwise; (“directeur du Bureau des obligations familiales”, “directeur”)

“document” means information, sound or images recorded by any method; (“document”)

“enforcement” means the use of one or more remedies mentioned in rule 26 (enforcement of orders) to enforce an order; (“exécution”)

“file” means to file with proof of service in the court office in the municipality,

(a) where the case or enforcement is started, or

(b) to which the case or enforcement is transferred; (“déposer”)

“final order” means an order, other than a temporary order, that decides a claim in an application, including,

(a) an order made on motion that changes a final order,

(b) a judgment, and

(c) an order that decides a party’s rights, in an issue between the parties or between a party and a non-party; (“ordonnance définitive”)

“government agency” means the Crown, a Crown agency, a municipal government or agency, a children’s aid society or any other public body; (“organisme gouvernemental”)

“income source” has the same meaning as in the Family Responsibility and Support Arrears Enforcement Act, 1996; (“source de revenu”)

“lawyer” means a person authorized under the Law Society Act to practise law in Ontario; (“avocat”)

“legal aid rate” means the rate payable by the Ontario Legal Aid Plan on an account submitted by a lawyer for copying in the lawyer’s office; (“tarif de l’aide juridique”)

“mail”, when used as a noun, means ordinary or regular mail, and when used as a verb means to send by ordinary or regular mail; (“poste”)

“municipality” means a county, district, district municipality, regional municipality, the City of Toronto or a municipal corporation formed from the amalgamation of all the municipalities of a county, district, district municipality or regional municipality, and includes,

(a) an Indian reserve within the territorial area of a municipality, and

(b) the part of The Regional Municipality of Niagara that was the County of Lincoln as it existed on December 31, 1969; (“municipalité”)

“on motion” means on motion of a party or a person having an interest in the case; (“sur motion”)

“payment order” means a temporary or final order, but not a provisional order, requiring a person to pay money to another person, including,

(a) an order to pay an amount under Part I or II of the Family Law Act or the corresponding provisions of a predecessor Act,

(b) a support order,

(c) a support deduction order,

(d) an order under section 60 or subsection 154 (2) of the Child and Family Services Act, or under the corresponding provision of a predecessor Act,

(e) a payment order made under rules 26 to 32 (enforcement measures) or under section 41 of the Family Responsibility and Support Arrears Enforcement Act, 1996,

(f) a fine for contempt of court,

(g) an order of forfeiture of a bond or recognizance,

(h) an order requiring a party to pay the fees and expenses of,

(i) an assessor, mediator or other expert named by the court, or

(ii) a person conducting a blood test to help determine a child’s parentage, and

(i) the costs and disbursements in a case; (“ordonnance de paiement”)

“payor” means a person required to pay money under an order or agreement, and includes the estate trustee of a payor who died; (“payeur”)

“periodic payment” means an amount payable at regular intervals and includes an amount payable in instalments; (“paiement périodique”)

“property claim” means a claim,

(a) under Part I of the Family Law Act,

(b) for a constructive or resulting trust, or

(c) for a monetary award as compensation for unjust enrichment; (“demande portant sur des biens”)

“provisional order” means an order that is not effective until confirmed by a court; (“ordonnance conditionnelle”)

“recipient” means a person entitled to receive money or costs under a payment order or agreement, including,

(a) a guardian or person with custody of a child who is entitled to money for the child’s benefit under an order,

(b) in the case of a support order made under the Family Law Act, an agency referred to in subsection 33 (3) of that Act,

(c) in the case of a support order made under the Divorce Act (Canada), an agency referred to in subsection 20.1 (1) of that Act,

(d) a children’s aid society entitled to money under an order made under section 60 or subsection 154 (2) of the Child and Family Services Act, or the corresponding provision in a predecessor Act,

(e) an assessor, mediator or other expert entitled to fees and expenses from the party named in the order, and

(f) the estate trustee of a person who was entitled to money under an order at the time of his or her death; (“bénéficiaire”)

“Registrar General” means the Registrar General under the Vital Statistics Act; (“registraire général de l’état civil”)

“respondent” means a person against whom a claim is made in an application, answer or appeal; (“intimé”)

“special party” means a party who is a child or who is or appears to be mentally incapable for the purposes of the Substitute Decisions Act, 1992 in respect of an issue in the case and who, as a result, requires legal representation, but does not include a child in a custody, access, child protection, adoption or child support case; (“partie spéciale”)

“support deduction order” means a support deduction order as defined in section 1 of the Family Responsibility and Support Arrears Enforcement Act, 1996; (“ordonnance de retenue des aliments”)

“support order” means an order described in subsection 34 (1) of the Family Law Act or a support order as defined in subsection 2 (1) of the Divorce Act (Canada) or in section 1 of the Family Responsibility and Support Arrears Enforcement Act, 1996; (“ordonnance alimentaire”)

“temporary order” means an order that says it is effective only for a limited time, and includes an interim order; (“ordonnance temporaire”)

“transcript” includes an electronic recording; (“transcription”)

“trial” includes a hearing; (“procès”)

“uncontested trial” means a trial at which only the party making the claim provides evidence and submissions. (“procès non contesté”) O. Reg. 114/99, r. 2 (1); O. Reg. 544/99, s. 2; O. Reg. 76/06, s. 2; O. Reg. 439/07, s. 2.

PRIMARY OBJECTIVE

(2)  The primary objective of these rules is to enable the court to deal with cases justly. O. Reg. 114/99, r. 2 (2).

DEALING WITH CASES JUSTLY

(3)  Dealing with a case justly includes,

(a) ensuring that the procedure is fair to all parties;

(b) saving expense and time;

(c) dealing with the case in ways that are appropriate to its importance and complexity; and

(d) giving appropriate court resources to the case while taking account of the need to give resources to other cases. O. Reg. 114/99, r. 2 (3).

DUTY TO PROMOTE PRIMARY OBJECTIVE

(4)  The court is required to apply these rules to promote the primary objective, and parties and their lawyers are required to help the court to promote the primary objective. O. Reg. 114/99, r. 2 (4).

DUTY TO MANAGE CASES

(5)  The court shall promote the primary objective by active management of cases, which includes,

(a) at an early stage, identifying the issues, and separating and disposing of those that do not need full investigation and trial;

(b) encouraging and facilitating use of alternatives to the court process;

(c) helping the parties to settle all or part of the case;

(d) setting timetables or otherwise controlling the progress of the case;

(e) considering whether the likely benefits of taking a step justify the cost;

(f) dealing with as many aspects of the case as possible on the same occasion; and

(g) if appropriate, dealing with the case without parties and their lawyers needing to come to court, on the basis of written documents or by holding a telephone or video conference. O. Reg. 114/99, r. 2 (5).

RULE 3: TIME

COUNTING DAYS

3.  (1)  In these rules or an order, the number of days between two events is counted as follows:

1. The first day is the day after the first event.

2. The last day is the day of the second event. O. Reg. 114/99, r. 3 (1).

COUNTING DAYS — SHORT PERIODS

(2)  If a rule or order provides a period of less than seven days for something to be done, Saturdays, Sundays and other days when all court offices are closed do not count as part of the period. O. Reg. 114/99, r. 3 (2).

DAY WHEN COURT OFFICES CLOSED

(3)  If the last day of a period of time under these rules or an order falls on a day when court offices are closed, the period ends on the next day they are open. O. Reg. 114/99, r. 3 (3).

COUNTING DAYS — EXAMPLES

(4)  The following are examples of how time is counted under these rules:

1. Notice of a motion must be served not later than four days before the motion date (see subrule 14 (11)). Saturday and Sunday are not counted, because the notice period is less than seven days (see subrule (2)). Service on the day set out in the left column below is in time for the motion to be heard on the day set out in the right column below.

2. A respondent who is served with an application in Canada has 30 days to serve an answer (see subrule 10 (1)). A respondent who is served with an application on October 1 is in time if the answer is served on or before October 31. A respondent served on November 1 is in time if the answer is served on or before December 1.

3. If the last day for doing something under these rules or an order is New Year’s Day, January 1, which is a day when court offices are closed, the time expires on January 2. If January 2 is a Saturday, Sunday or other day when court offices are closed, the time expires on January 3. If January 3 is a day when court offices are closed, the time expires on January 4. O. Reg. 114/99, r. 3 (4); O. Reg. 544/99, s. 3 (1).

ORDER TO LENGTHEN OR SHORTEN TIME

(5)  The court may make an order to lengthen or shorten any time set out in these rules or an order, except that it may lengthen a time set out in subrule 33 (1) (timetable for child protection cases) only if the best interests of the child require it. O. Reg. 114/99, r. 3 (5).

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);

(c) subrule 33 (1) (timetable for child protection cases);

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

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

(f) rule 41 (case management in the Superior Court of Justice (other than the Family Court of the Superior Court of Justice)). O. Reg. 202/01, s. 2; O. Reg. 76/06, s. 3.

LATE DOCUMENTS REFUSED BY COURT OFFICE

(7)  The staff at a court office shall refuse to accept a document that a person asks to file after,

(a) the time specified in these rules; or

(b) the later time specified in a consent under subrule (6), a statute that applies to the case, or a court order. O. Reg. 544/99, s. 3 (2).

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).

RULE 5: WHERE A CASE STARTS AND IS TO BE HEARD

WHERE CASE STARTS

5.  (1)  Subject to sections 21.8 and 21.11 of the Courts of Justice Act (territorial jurisdiction — Family Court), a case shall be started,

(a) in the municipality where a party resides;

(b) if the case deals with custody of or access to a child, in the municipality where the child ordinarily resides, except for cases described in,

(i) section 22 (jurisdiction of an Ontario court) of the Children’s Law Reform Act, and

(ii) subsection 48 (2) (place for child protection hearing) and subsection 150 (1) (place for adoption proceeding) of the Child and Family Services Act; or

(c) in a municipality chosen by all parties, but only with the court’s permission given in advance in that municipality. O. Reg. 114/99, r. 5 (1).

STARTING CASE — DANGER TO CHILD OR PARTY

(2)  Subject to sections 21.8 and 21.11 of the Courts of Justice Act, if there is immediate danger that a child may be removed from Ontario or immediate danger to a child’s or party’s health or safety, a party may start a case in any municipality and a motion may be heard in that municipality, but the case shall be transferred to a municipality referred to in subrule (1) immediately after the motion is heard, unless the court orders otherwise. O. Reg. 114/99, r. 5 (2).

CLERK TO REFUSE DOCUMENTS IF CASE IN WRONG PLACE

(3)  The clerk shall refuse to accept an application for filing unless,

(a) the case is started in the municipality where a party resides;

(b) the case deals with custody of or access to a child and is started in the municipality where the child ordinarily resides;

(c) the case is started in a municipality chosen by all parties and the order permitting the case to be started there is filed with the application; or

(d) the lawyer or party asking to file the application says in writing that the case is one that is permitted by clause (1) (b) or subrule (2) to be started in that municipality. O. Reg. 114/99, r. 5 (3).

PLACE FOR STEPS OTHER THAN ENFORCEMENT

(4)  All steps in the case, other than enforcement, shall take place in the municipality where the case is started or transferred. O. Reg. 114/99, r. 5 (4).

PLACE FOR ENFORCEMENT — PAYMENT ORDERS

(5)  All steps in enforcement of a payment order, including a motion to suspend a support deduction order, shall take place,

(a) in the municipality where the recipient resides;

(b) if the recipient does not reside in Ontario, in the municipality where the order is filed with the court for enforcement;

(c) if the person enforcing the order consents, in the municipality where the payor resides; or

(d) in a motion under section 26 (income source dispute) of the Family Responsibility and Support Arrears Enforcement Act, 1996, in the municipality where the income source resides. O. Reg. 114/99, r. 5 (5).

PLACE FOR ENFORCEMENT — OTHER ORDERS

(6)  All steps in the enforcement of an order other than a payment order shall take place,

(a) if the order involves custody of or access to a child,

(i) in the municipality where the child ordinarily resides, or

(ii) if the child does not ordinarily reside in Ontario, in the municipality to which the child has the closest connection;

(b) if the order involves property, in the municipality where the person enforcing the order resides or the municipality where the property is located; or

(c) in a municipality chosen by all parties, but only with the court’s permission given in advance in that municipality. O. Reg. 114/99, r. 5 (6).

ALTERNATIVE PLACE FOR ENFORCEMENT — ORDER ENFORCED BY CONTEMPT MOTION

(7)  An order, other than a payment order, that is being enforced by a contempt motion may also be enforced in the municipality in which the order was made. O. Reg. 114/99, r. 5 (7).

TRANSFER TO ANOTHER MUNICIPALITY

(8)  If it is substantially more convenient to deal with a case or any step in the case in another municipality, the court may, on motion, order that the case or step be transferred there. O. Reg. 114/99, r. 5 (8).

CHANGE OF PLACE FOR CHILD PROTECTION CASE

(9)  Notice of a motion under subsection 48 (3) of the Child and Family Services Act to transfer a case to a place within the jurisdiction of another children’s aid society shall be served on the parties and the other children’s aid society, with the evidence in support of the motion. O. Reg. 114/99, r. 5 (9).

RULE 6: SERVICE OF DOCUMENTS

METHODS OF SERVICE

6.  (1)  Service of a document under these rules may be carried out by regular service or by special service in accordance with this rule, unless an Act, rule or order provides otherwise. O. Reg. 114/99, r. 6 (1).

REGULAR SERVICE

(2)  Regular service of a document on a person is carried out by,

(a) mailing a copy to the person’s lawyer or, if none, to the person;

(b) sending a copy by courier to the person’s lawyer or, if none, to the person;

(c) depositing a copy at a document exchange to which the person’s lawyer belongs;

(d) faxing a copy to the person’s lawyer or, if none, to the person; or

(e) carrying out special service. O. Reg. 114/99, r. 6 (2).

SPECIAL SERVICE

(3)  Special service of a document on a person is carried out by,

(a) leaving a copy,

(i) with the person to be served,

(ii) if the person is or appears to be mentally incapable in respect of an issue in the case, with the person and with the guardian of the person’s property or, if none, with the Public Guardian and Trustee,

(iii) if the person is a child, with the child and with the child’s lawyer, if any,

(iv) if the person is a corporation, with an officer, director or agent of the corporation, or with a person at any place of business of the corporation who appears to be managing the place, or

(v) if the person is a children’s aid society, with an officer, director or employee of the society;

(b) leaving a copy with the person’s lawyer of record in the case, or with a lawyer who accepts service in writing on a copy of the document;

(c) mailing a copy to the person, together with an acknowledgment of service in the form of a prepaid return postcard (Form 6), all in an envelope that is addressed to the person and has the sender’s return address (but service under this clause is not valid unless the return postcard, signed by the person, is filed in the continuing record); or

(d) leaving a copy at the person’s place of residence, in an envelope addressed to the person, with anyone who appears to be an adult person resident at the same address and, on the same day or on the next, mailing another copy to the person at that address. O. Reg. 114/99, r. 6 (3).

SPECIAL SERVICE — DOCUMENTS THAT COULD LEAD TO IMPRISONMENT

(4)  Special service of the following documents shall be carried out only by a method set out in subclause (3) (a), unless the court orders otherwise:

1. A notice of contempt motion.

2. A summons to witness.

3. A notice of motion or notice of default hearing in which the person to be served faces a possibility of imprisonment. O. Reg. 114/99, r. 6 (4).

REGULAR SERVICE AT ADDRESS ON LATEST DOCUMENT

(5)  Regular service may be carried out at the address for service shown on the latest document filed by the person to be served. O. Reg. 114/99, r. 6 (5).

NOTICE OF ADDRESS CHANGE

(6)  A party whose address for service changes shall immediately serve notice of the change on the other parties and file it. O. Reg. 114/99, r. 6 (6).

SERVICE OUTSIDE BUSINESS HOURS

(7)  If a document is served by any method after 4 p.m. on a day when court offices are open or at any time on a day when they are not open, service is effective on the next day when they are open. O. Reg. 114/99, r. 6 (7).

HOURS OF FAX SERVICE

(8)  Service of a document by fax may be carried out only before 4 p.m. on a day when court offices are open, unless the parties consent or the court orders otherwise. O. Reg. 114/99, r. 6 (8).

EFFECTIVE DATE, SERVICE BY MAIL

(9)  Service of a document by mail is effective on the fifth day after it was mailed. O. Reg. 114/99, r. 6 (9).

EFFECTIVE DATE, SERVICE BY COURIER

(10)  Service of a document by courier is effective on the day after the courier picks it up. O. Reg. 114/99, r. 6 (10).

EFFECTIVE DATE, SERVICE BY DOCUMENT EXCHANGE

(11)  Service by deposit at a document exchange is effective only if the copy deposited and an additional copy of the document are date-stamped by the document exchange in the presence of the person depositing the copy, and then service is effective on the day after the date on the stamp. O. Reg. 114/99, r. 6 (11).

INFORMATION TO BE INCLUDED WITH DOCUMENT SERVED BY FAX

(12)  A document that is served by fax shall show, on its first page,

(a) the sender’s name, address, telephone number and fax number;

(b) the name of the person or lawyer to be served;

(c) the date and time of the fax;

(d) the total number of pages faxed; and

(e) the name and telephone number of a person to contact in case of transmission difficulties. O. Reg. 114/99, r. 6 (12).

MAXIMUM LENGTH OF DOCUMENT THAT MAY BE FAXED

(13)  Service of a document or documents relating to a single step in a case may be carried out by fax only if the total number of pages (including any cover page or back sheet) is not more than 16, unless the parties consent in advance or the court orders otherwise. O. Reg. 114/99, r. 6 (13).

DOCUMENTS THAT MAY NOT BE FAXED

(14)  A trial record, appeal record, factum or book of authorities may not be served by fax at any time unless the person to be served consents in advance. O. Reg. 114/99, r. 6 (14).

SUBSTITUTED SERVICE

(15)  The court may, on motion without notice, order that a document be served by substituted service, using a method chosen by the court, if the party making the motion,

(a) provides detailed evidence showing,

(i) what steps have been taken to locate the person to be served, and

(ii) if the person has been located, what steps have been taken to serve the document on that person; and

(b) shows that the method of service could reasonably be expected to bring the document to the person’s attention. O. Reg. 114/99, r. 6 (15).

SERVICE NOT REQUIRED

(16)  The court may, on motion without notice, order that service is not required if,

(a) reasonable efforts to locate the person to be served have not been or would not be successful; and

(b) there is no method of substituted service that could reasonably be expected to bring the document to the person’s attention. O. Reg. 114/99, r. 6 (16).

SERVICE BY ADVERTISEMENT

(17)  If the court orders service by advertisement, Form 6A shall be used. O. Reg. 114/99, r. 6 (17).

APPROVING IRREGULAR SERVICE

(18)  When a document has been served by a method not allowed by these rules or by an order, the court may make an order approving the service if the document,

(a) came to the attention of the person to be served; or

(b) would have come to the person’s attention if the person had not been evading service. O. Reg. 114/99, r. 6 (18).

PROOF OF SERVICE

(19)  Service of a document may be proved by,

(a) an acceptance or admission of service, written by the person to be served or the person’s lawyer;

(b) an affidavit of service (Form 6B);

(c) the return postcard mentioned in clause (3) (c); or

(d) the date stamp on a copy of the document served by deposit at a document exchange. O. Reg. 114/99, r. 6 (19).

RULE 7: PARTIES

WHO ARE PARTIES — CASE

7.  (1)  A person who makes a claim in a case or against whom a claim is made in a case is a party to the case. O. Reg. 114/99, r. 7 (1).

WHO ARE PARTIES — MOTION

(2)  For purposes of a motion only, a person who is affected by a motion is also a party, but this does not apply to a child affected by a motion relating to custody, access, child protection, adoption or child support. O. Reg. 114/99, r. 7 (2).

PERSONS WHO MUST BE NAMED AS PARTIES

(3)  A person starting a case shall name,

(a) as an applicant, every person who makes a claim;

(b) as a respondent,

(i) every person against whom a claim is made, and

(ii) every other person who should be a party to enable the court to decide all the issues in the case. O. Reg. 114/99, r. 7 (3).

PARTIES IN CASES INVOLVING CHILDREN

(4)  In any of the following cases, every parent or other person who has care and control of the child involved, except a foster parent under the Child and Family Services Act, shall be named as a party, unless the court orders otherwise:

1. A case about custody of or access to a child.

2. A child protection case.

3. A secure treatment case (Part VI of the Child and Family Services Act). O. Reg. 114/99, r. 7 (4).

PARTY ADDED BY COURT ORDER

(5)  The court may order that any person who should be a party shall be added as a party, and may give directions for service on that person. O. Reg. 114/99, r. 7 (5).

PERMANENT CASE NAME AND COURT FILE NUMBER

(6)  The court file number given to a case and the description of the parties as applicants and respondents in the case shall remain the same on a motion to change an order, a status review application, an enforcement or an appeal, no matter who starts it, with the following exceptions:

1. In an enforcement of a payment order, the parties may be described instead as payors, recipients and garnishees.

2. In an appeal, the parties shall also be described as appellants and respondents.

3. When a case is transferred to another municipality, it may be given a new court file number.

4. An application under section 153.1 of the Child and Family Services Act to change or terminate an openness order shall be given a new court file number.

5. A motion to change an order made under section 57.1 of the Child and Family Services Act shall be given a new court file number. O. Reg. 519/06, s. 1.

RULE 8: STARTING A CASE

FILING AN APPLICATION

8.  (1)  To start a case, a person shall file an application (Form 8, 8A, 8B, 8B.1, 8B.2, 8C, 8D, 8D.1, 34L or 34N). O. Reg. 519/06, s. 2.

CHANGE TO ORDER OR AGREEMENT — BY MOTION

(2)  A party who wants to ask the court to change an order or agreement shall do so only by a motion under rule 15 (except where rule 15 does not apply, as described in subrule 15 (0.2)). O. Reg. 519/06, s. 2.

CLAIMS IN APPLICATION

(3)  An application may contain,

(a) a claim against more than one person; and

(b) more than one claim against the same person. O. Reg. 114/99, r. 8 (3).

COURT DATE SET WHEN APPLICATION FILED

(4)  When an application is filed, the clerk shall,

(a) set a court date, except as provided by subrule 39 (7) (case management, standard track) and subrule 41 (4) (case management, clerk’s role); and

(b) seal the application with the court seal. O. Reg. 114/99, r. 8 (4); O. Reg. 89/04, s. 2.

SERVICE OF APPLICATION

(5)  The application shall be served immediately on every other party, and special service shall be used unless the party is listed in subrule (6). O. Reg. 114/99, r. 8 (5).

SERVICE ON OFFICIALS, AGENCIES, ETC.

(6)  The application may be served by regular service,

(a) on a foster parent, at the foster parent’s residence;

(b) on a representative of a band or native community, by serving the chief or other person who appears to be in charge of its management;

(c) on any of the following persons, at their place of business:

1. A Director appointed under section 5 of the Child and Family Services Act.

2. A local director appointed under section 16 of the Child and Family Services Act.

3. An administrator in charge of a secure treatment program under Part VI of the Child and Family Services Act.

4. A children’s aid society.

5. The Minister of Community and Social Services.

6. An agency referred to in subsection 33 (3) of the Family Law Act or subsection 20.1 (1) of the Divorce Act (Canada).

7. The Director of the Family Responsibility Office.

8. The Children’s Lawyer.

9. The Public Guardian and Trustee.

10. The Registrar General. O. Reg. 114/99, r. 8 (6).

SERVING PROTECTION APPLICATION ON CHILD

(7)  In a child protection case in which the child is entitled to notice, the application shall be served on the child by special service. O. Reg. 114/99, r. 8 (7).

SERVING SECURE TREATMENT APPLICATION ON CHILD

(8)  An application for secure treatment (Part VI of the Child and Family Services Act) shall be served on the child by special service. O. Reg. 114/99, r. 8 (8).

SERVING APPLICATION ON CHILD’S LAWYER

(9)  If an order has been made for legal representation of a child under section 38 or subsection 114 (6) of the Child and Family Services Act or under subrule 4 (7), the applicant, or another party directed by the court, shall serve all documents in the continuing record and any status review application on the child’s lawyer by regular service. O. Reg. 114/99, r. 8 (9).

SERVING PROTECTION APPLICATION BEFORE START OF CASE

(10)  If a child is brought to a place of safety (section 40, 42 or 43 of the Child and Family Services Act) or a homemaker remains or is placed on premises (subsection 78 (2) of that Act), an application may be served without being sealed by the clerk, if it is filed on or before the court date. O. Reg. 114/99, r. 8 (10).

APPLICATION NOT SERVED ON OR BEFORE COURT DATE

(11)  If an application is not served on a respondent on or before the court date, at the applicant’s request the clerk shall set a new court date for that respondent and the applicant shall make the necessary change to the application and serve it immediately on that respondent. O. Reg. 114/99, r. 8 (11).

RULE 8.1: MANDATORY INFORMATION PROGRAM IN THE SUPERIOR COURT OF JUSTICE IN TORONTO

APPLICATION OF RULE

8.1  (1)  This rule applies to,

(a) divorce cases started in the Superior Court of Justice in Toronto after July 1, 1998 in which any claim, other than a divorce, costs and the incorporation of the terms of an agreement or prior court order, is made; and

(b) cases governed by Parts I, II and III of the Family Law Act and Part III of the Children’s Law Reform Act and started in the Superior Court of Justice in Toronto after July 1, 1998 in which any claim, other than costs, the incorporation of the terms of an agreement or prior court order and change of the terms of a final order, is made. O. Reg. 89/04, s. 3.

EXCEPTION

(2)  Subrules (4) to (7) do not apply to,

(a) a person or agency referred to in subsection 33 (3) of the Family Law Act;

(b) the Director of the Family Responsibility Office. O. Reg. 89/04, s. 3.

CONTENT OF PROGRAM

(3)  The program referred to in this rule shall provide parties to cases referred to in subrule (1) with information about separation and the legal process, and may include information on topics such as,

(a) the options available for resolving differences, including alternatives to going to court;

(b) the impact the separation of parents has on children; and

(c) resources available to deal with problems arising from separation. O. Reg. 89/04, s. 3.

ATTENDANCE COMPULSORY

(4)  Each party to a case shall attend the program no later than 45 days after the case is started. O. Reg. 89/04, s. 3.

APPOINTMENTS TO ATTEND

(5)  The applicant shall arrange his or her own appointment to attend the program, obtain an appointment for the respondent from the person who conducts the program, and serve notice of the respondent’s appointment with the application. O. Reg. 89/04, s. 3.

CERTIFICATE

(6)  The person who conducts the program shall provide for each party who attends a certificate of attendance, which shall be filed as soon as possible, and in any event not later than 2 p.m. on the second day before the day of the case conference, if one is scheduled. O. Reg. 89/04, s. 3.

NO OTHER STEPS

(7)  A party shall not take any step in the case before his or her certificate of attendance is filed, except that a respondent may serve and file an answer and a party may make an appointment for a case conference. O. Reg. 89/04, s. 3.

EXCEPTION

(8)  The court may, on motion, order that any or all of subrules (4) to (7) do not apply to the party because of urgency or hardship or for some other reason in the interest of justice. O. Reg. 89/04, s. 3.

(9)  Revoked: O. Reg. 561/07, s. 2.

RULE 9: CONTINUING RECORD

CONTINUING RECORD CREATED

9.  (1)  A person starting a case shall,

(a) prepare a single continuing record of the case, to be the court’s permanent record of the case; and

(b) serve it on all other parties and file it, along with the affidavits of service or other documents proving that the continuing record was served. O. Reg. 89/04, s. 4.

(2)  Revoked: O. Reg. 519/06, s. 3 (1).

SUPPORT ENFORCEMENT CONTINUING RECORD

(3)  If a support order is filed with the Director of the Family Responsibility Office, the person bringing the case before the court shall prepare the continuing record, and the continuing record shall be called the support enforcement continuing record. O. Reg. 89/04, s. 4.

CHILD PROTECTION CONTINUING RECORD

(4)  In an application for a child protection order or an application for a status review of a child protection order, the continuing record shall be called the child protection continuing record. O. Reg. 76/06, s. 4 (2).

(5)  Revoked: O. Reg. 76/06, s. 4 (3).

FORMAL REQUIREMENTS OF CONTINUING RECORD

(6)  In preparing and maintaining a continuing record and support enforcement continuing record under this rule, the parties shall meet the requirements set out in the document entitled “Formal Requirements of the Continuing Record under the Family Law Rules”, dated July 1, 2006, published by the Family Rules Committee and available on the Internet through www.ontariocourtforms.on.ca. O. Reg. 76/06, s. 4 (4); O. Reg. 519/06, s. 3 (2).

FORMAL REQUIREMENTS OF CHILD PROTECTION CONTINUING RECORD

(6.1)  In preparing and maintaining a child protection continuing record under this rule, the parties shall meet the requirements set out in the document entitled “Formal Requirements of the Child Protection Continuing Record under the Family Law Rules”, dated November 1, 2005, published by the Family Rules Committee and available on the Internet through www.ontariocourtforms.on.ca. O. Reg. 76/06, s. 4 (4).

SEPARATION OF SINGLE RECORD

(7)  Instead of the single continuing record mentioned in subrule (1), the continuing record may be separated into separate records for the applicant and the respondent, in accordance with the following:

1. In a case other than a child protection case, the court may order separate records on its own initiative or at the request of either party on motion or at a case conference, settlement conference or trial management conference.

2. Revoked: O. Reg. 519/06, s. 3 (3).

3. If the court orders separate records and there is more than one applicant and respondent, the court may order separate records for each applicant and respondent.

4. If the record consists of separate records, the separate records are called the applicant’s record and the respondent’s record. O. Reg. 89/04, s. 4; O. Reg. 76/06, s. 4 (5); O. Reg. 519/06, s. 3 (3).

COMBINING SEPARATED RECORDS

(8)  If the continuing record has been separated, the court may order the records to be combined into a single record on its own initiative or at the request of either party at a case conference, settlement conference or trial management conference. O. Reg. 89/04, s. 4.

COMBINING SEPARATED RECORDS ON CONSENT

(9)  If the continuing record has been separated, the parties may, if they agree, combine the separate records into a single continuing record, in which case the parties shall arrange together for the combining of the records. O. Reg. 89/04, s. 4.

BY WHOM RECORD IS SEPARATED OR COMBINED

(10)  If the court orders that the continuing record,

(a) be separated or combined on its own initiative, the court shall give directions as to which party shall separate or combine the record, as the case requires;

(b) be separated or combined at the request of a party at a case conference, settlement conference or trial management conference, the party that makes the request shall separate or combine the record, as the case requires, unless the court orders otherwise. O. Reg. 89/04, s. 4.

MAINTAINING CONTINUING RECORD

(11)  The parties are responsible, under the clerk’s supervision, for adding to a continuing record that has not been separated all documents filed in the case and, in the case of separated records, each party is responsible, under the clerk’s supervision, for adding the documents the party files to the party’s own record. O. Reg. 89/04, s. 4.

DUTIES OF PARTY SERVING DOCUMENTS

(12)  A party serving documents shall,

(a) if the continuing record has not been separated,

(i) serve and file any documents that are not already in the continuing record, and

(ii) serve with the documents an updated cumulative table of contents listing the documents being filed; and

(b) if the continuing record has been separated,

(i) serve and file any documents that are not already in the party’s separate record, and

(ii) serve with the documents an updated cumulative table of contents listing the documents being filed in the party’s separate record. O. Reg. 89/04, s. 4.

NO SERVICE OR FILING OF DOCUMENTS ALREADY IN RECORD

(13)  A party shall not serve or file any document that is already in the record, despite any requirement in these rules that the document be served and filed. O. Reg. 89/04, s. 4.

(14)  Revoked: O. Reg. 519/06, s. 3 (4).

DOCUMENTS REFERRED TO BY TAB IN RECORD

(15)  A party who is relying on a document in the record shall refer to it by its tab in the record, except in a support enforcement continuing record. O. Reg. 89/04, s. 4.

DOCUMENTS NOT TO BE REMOVED FROM RECORD

(16)  No document shall be removed from the continuing record except by order. O. Reg. 89/04, s. 4.

WRITTEN REASONS FOR ORDER

(17)  If the court gives written reasons for making an order,

(a) they may be endorsed by hand on an endorsement sheet, or the endorsement may be a short note on the endorsement sheet saying that written reasons are being given separately;

(b) the clerk shall add a copy of the reasons to the endorsements section of the record; and

(c) the clerk shall send a copy to the parties by mail, fax or electronic mail. O. Reg. 89/04, s. 4.

(18)  Revoked: O. Reg. 519/06, s. 3 (5).

APPEAL

(19)  If a final order is appealed, only the notice of appeal and any order of the appeal court (and no other appeal document) shall be added to the record. O. Reg. 89/04, s. 4.

TRANSFER OF RECORD IF CASE TRANSFERRED

(20)  If the court transfers a case to another municipality the clerk shall, on request, transfer the record to the clerk at the court office in the other municipality, and the record shall be used there as if the case had started in the other municipality. O. Reg. 89/04, s. 4.

CONFIRMATION OF SUPPORT ORDER

(21)  When a provisional support order or a provisional change to a support order is sent to a court in Ontario for confirmation,

(a) if the provisional order or change was made in Ontario, the clerk shall send the continuing record to the court office where the confirmation is to take place and the respondent shall update it as this rule requires; and

(b) if the provisional order or change was not made in Ontario, the clerk shall prepare the continuing record and the respondent shall update it as this rule requires. O. Reg. 89/04, s. 4.

CASES STARTED BEFORE JANUARY 1, 2007

(22)  Despite this rule, if a case was started before January 1, 2007, the version of this rule that applied to the case on December 31, 2006 as its application may have been modified by the court continues, subject to subrule (23), to apply to the case unless the court orders otherwise. O. Reg. 519/06, s. 3 (6).

EXCEPTION, CASES STARTED BEFORE JANUARY 1, 2007

(23)  If a motion to change a final order is made on or after January 1, 2007 in respect of a case started before that date, this rule shall apply to the motion and to all documents filed afterwards. O. Reg. 519/06, s. 3 (6).

(24)  Revoked: O. Reg. 519/06, s. 3 (6).

RULE 10: ANSWERING A CASE

SERVING AND FILING ANSWER

10.  (1)  A person against whom an application is made shall serve an answer (Form 10, 33B, 33B.1 or 33B.2) on every other party and file it within 30 days after being served with the application. O. Reg. 114/99, r. 10 (1); O. Reg. 91/03, s. 2; O. Reg. 519/06, s. 4.

TIME FOR ANSWER — APPLICATION SERVED OUTSIDE CANADA OR U.S.A.

(2)  If an application is served outside Canada or the United States of America, the time for serving and filing an answer is 60 days. O. Reg. 114/99, r. 10 (2).

EXCEPTION — PLACEMENT FOR ADOPTION

(2.1)  In an application to dispense with a parent’s consent before adoption placement, (Form 8D.1), the time for serving the answer is,

(a) 20 days, if the application is served in Canada or the United States of America;

(b) 40 days, if the application is served outside Canada or the United States of America. O. Reg. 337/02, s. 2.

ANSWER MAY INCLUDE CLAIM

(3)  A respondent may include in the answer,

(a) a claim against the applicant;

(b) a claim against any other person, who then also becomes a respondent in the case. O. Reg. 114/99, r. 10 (3).

ANSWER BY ADDED RESPONDENT

(4)  Subrules (1) to (3) apply to a respondent added under subrule (3), except that the time for serving and filing an answer is 14 days after service on the added respondent, or 30 days if the added respondent is served outside Canada or the United States of America. O. Reg. 114/99, r. 10 (4).

NO ANSWER OR ANSWER STRUCK OUT

(5)  If a respondent does not serve and file an answer as this rule requires, or if the answer is struck out by an order,

(a) the respondent is not entitled to any further notice of steps in the case (except as subrule 25 (13) (service of order) provides);

(b) the respondent is not entitled to participate in the case in any way;

(c) the court may deal with the case in the respondent’s absence; and

(d) the clerk may set a date for an uncontested trial. O. Reg. 114/99, r. 10 (5).

REPLY

(6)  A party may, within 10 days after being served with an answer, serve and file a reply (Form 10A) in response to a claim made in the answer. O. Reg. 114/99, r. 10 (6).

RULE 11: AMENDING AN APPLICATION, ANSWER OR REPLY

AMENDING APPLICATION WITHOUT COURT’S PERMISSION

11.  (1)  An applicant may amend the application without the court’s permission as follows:

1. If no answer has been filed, by serving and filing an amended application in the manner set out in rule 8 (starting a case).

2. If an answer has been filed, by serving and filing an amended application in the manner set out in rule 8 and also filing the consent of all parties to the amendment. O. Reg. 114/99, r. 11 (1).

AMENDING ANSWER WITHOUT COURT’S PERMISSION

(2)  A respondent may amend the answer without the court’s permission as follows:

1. If the application has been amended, by serving and filing an amended answer within 14 days after being served with the amended application.

2. If the application has not been amended, by serving and filing an amended answer and also filing the consent of all parties to the amendment. O. Reg. 114/99, r. 11 (2).

CHILD PROTECTION, AMENDMENTS WITHOUT COURT’S PERMISSION

(2.1)  In a child protection case, if a significant change relating to the child happens after the original document is filed,

(a) the applicant may serve and file an amended application, an amended plan of care or both; and

(b) the respondent may serve and file an amended answer and plan of care. O. Reg. 91/03, s. 3.

AMENDING APPLICATION OR ANSWER WITH COURT’S PERMISSION

(3)  On motion, the court shall give permission to a party to amend an application, answer or reply, unless the amendment would disadvantage another party in a way for which costs or an adjournment could not compensate. O. Reg. 114/99, r. 11 (3).

HOW AMENDMENT IS SHOWN

(4)  An amendment shall be clearly shown by underlining all changes, and the rule or order permitting the amendment and the date of the amendment shall be noted in the margin of each amended page. O. Reg. 114/99, r. 11 (4).

RULE 12: WITHDRAWING, COMBINING OR SPLITTING CASES

WITHDRAWING APPLICATION, ANSWER OR REPLY

12.  (1)  A party who does not want to continue with all or part of a case may withdraw all or part of the application, answer or reply by serving a notice of withdrawal (Form 12) on every other party and filing it. O. Reg. 114/99, r. 12 (1).

WITHDRAWAL — SPECIAL PARTY’S APPLICATION, ANSWER OR REPLY

(2)  A special party’s application, answer or reply may be withdrawn (whether in whole or in part) only with the court’s permission, and the notice of motion for permission shall be served on every other party and on,

(a) the Children’s Lawyer, if the special party is a child;

(b) the Public Guardian and Trustee, if the special party is not a child. O. Reg. 114/99, r. 12 (2).

COSTS PAYABLE ON WITHDRAWAL

(3)  A party who withdraws all or part of an application, answer or reply shall pay the costs of every other party in relation to the withdrawn application, answer, reply or part, up to the date of the withdrawal, unless the court orders or the parties agree otherwise. O. Reg. 114/99, r. 12 (3).

COSTS ON WITHDRAWAL BY GOVERNMENT AGENCY

(4)  Despite subrule (3), if the party is a government agency, costs are in the court’s discretion. O. Reg. 114/99, r. 12 (4).

COMBINING AND SPLITTING CASES

(5)  If it would be more convenient to hear two or more cases, claims or issues together or to split a case into two or more separate cases, claims or issues, the court may, on motion, order accordingly. O. Reg. 114/99, r. 12 (5).

SPLITTING DIVORCE FROM OTHER ISSUES

(6)  The court may, on motion, make an order splitting a divorce from the other issues in a case if,

(a) neither spouse will be disadvantaged by the order; and

(b) reasonable arrangements have been made for the support of any children of the marriage. O. Reg. 114/99, r. 12 (6).

RULE 13: FINANCIAL STATEMENTS

FINANCIAL STATEMENT WITH APPLICATION, ANSWER OR MOTION

13.  (1)  If an application, answer or notice of motion contains a claim for support, a property claim, or a claim for exclusive possession of the matrimonial home and its contents,

(a) the party making the claim shall serve and file a financial statement (Form 13 or 13.1) with the document that contains the claim; and

(b) the party against whom the claim is made shall serve and file a financial statement within the time for serving and filing an answer, reply or affidavit in response to the motion, whether the party is serving an answer, reply or affidavit in response to the motion or not. O. Reg. 92/03, s. 1 (1).

FORM 13 FOR SUPPORT CLAIM WITHOUT PROPERTY CLAIM

(1.1)  If the application, answer or notice of motion contains a claim for support but does not contain a property claim or a claim for exclusive possession of the matrimonial home and its contents, the financial statement used by the parties under these rules shall be in Form 13. O. Reg. 92/03, s. 1 (1).

FORM 13.1 FOR PROPERTY CLAIM WITH OR WITHOUT SUPPORT CLAIM

(1.2)  If the application, answer or notice of motion contains a property claim or a clai