O. Reg. 91/03: FAMILY LAW RULES

filed March 21, 2003 under Courts of Justice Act, R.S.O. 1990, c. C.43

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ontario regulation 91/03

made under the

courts of justice act

Made: February 11, 2003
Approved: March 19, 2003
Filed: March 21, 2003
Printed in The Ontario Gazette: April 5, 2003

Amending O. Reg. 114/99

(Family Law Rules)

Note: Since the end of 2002, Ontario Regulation 114/99 has been amended by Ontario Regulation 56/03. Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 18, 2003.

1. Subrule 4 (10) of Ontario Regulation 114/99 is revoked and the following substituted:

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.

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.

2. Subrule 10 (1) of the Regulation is amended by striking out “(Form 10)” and substituting “(Form 10, 33B or 33B.1)”.

3. Rule 11 of the Regulation is amended by adding the following subrule:

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.

4. Subrule 14 (6) of the Regulation is amended by adding the following clause:

(e.1) in a child protection case;

5. Rule 16 of the Regulation is amended by adding the following subrule:

EVIDENCE OF RESPONDING PARTY

(4.1) In response to the affidavit or other evidence served by the party making the motion, the party responding to the motion may not rest on mere allegations or denials but shall set out, in an affidavit or other evidence, specific facts showing that there is a genuine issue for trial.

6. (1) Subrule 17 (1) of the Regulation is revoked and the following substituted:

CONFERENCES IN DEFENDED CASES

(1) In each case in which an answer is filed,

(a) a judge shall conduct at least one case conference, except as subrule (1.1) provides; and

(b) a judge may conduct a settlement conference, a trial management conference or both.

EXCEPTION, CASE CONFERENCE OPTIONAL IN CHILD PROTECTION CASE

(1.1) In a child protection case, a case conference may be conducted if,

(a) a party requests it; or

(b) the court considers it appropriate.

(2) Subrule 17 (11) of the Regulation is revoked and the following substituted:

CASE CONFERENCE — MOTION TO CHANGE FINAL ORDER OR AGREEMENT

(11) Except in a child protection case, a motion for an order to change a final order or agreement under rule 15 shall not be heard before a case conference has been held.

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

CASE CONFERENCE BRIEF IN CHILD PROTECTION CASE

(13.0.1) In a child protection case, a case conference brief shall be served and filed only if a case conference is being held under subrule (1.1).

(4) Subrule 17 (24) of the Regulation is revoked and the following substituted:

SETTLEMENT CONFERENCE JUDGE CANNOT HEAR ISSUE

(24) A judge who conducts a settlement conference about an issue shall not hear the issue, except as subrule (25) provides.

EXCEPTION, CHILD PROTECTION CASE

(25) In a child protection case, if a finding that the child is in need of protection is made without a trial and a trial is needed to determine which order should be made under section 57 of the Child and Family Services Act, any judge who has not conducted a settlement conference on that issue may conduct the trial.

7. (1) Subrule 33 (1) of the Regulation is revoked and the following substituted:

TIMETABLE

(1) Every child protection case, including a status review application, is governed by the following timetable:

Step in the case	Maximum time for completion, from start of case
First hearing, if child has been apprehended	5 days
Service and filing of answers and plans of care	30 days
Temporary care and custody hearing	35 days
Settlement conference	80 days
Hearing	120 days

(2) Rule 33 of the Regulation is amended by adding the following subrule:

STATUS REVIEW

(6.1) A status review application under clause 64 (2) (a) or (b) of the Child and Family Services Act shall be served at least 30 days before the date the order for society supervision or society wardship expires.

(3) Clause 33 (7) (c) of the Regulation is revoked and the following substituted:

(i) if the applicant is a children’s aid society, in Form 33B, and

(ii) if the applicant is not a children’s aid society, in Form 33B.1;

(c.1) a respondent’s answer and plan of care for a child shall be,

(i) if the respondent is not a children’s aid society, in Form 33B.1,

(ii) if the respondent is a children’s aid society, in Form 10 and Form 33B;

8. (1) Form 4 of the Regulation is revoked and the following substituted:

Form 4

Courts of Justice Act

notice of change in representation

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(2) Form 8B of the Regulation is revoked and the following substituted:

Form 8B

Courts of Justice Act

application (child protection and status review)

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(3) Form 17D of the Regulation is amended by striking out, in the note following item 19 in Part 4, “If you have not made an offer to settle, you must make one here. If you do not have enough information about all the issues, you must make a partial offer on those issues for which you do have enough information.”

(4) Form 33B of the Regulation is revoked and the following substituted:

Form 33B

Courts of Justice Act

plan of care for child(ren)

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Form 33B.1

Courts of Justice Act

answer and plan of care

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(5) Form 33C of the Regulation is amended by adding the following paragraph:

4.1 The following important events relating to the child(ren)’s best interests have occurred since the date this application began:

(6) Form 33D of the Regulation is amended,

(a) by striking out “List the events that dealt with the concerns raised by the court when it made that order” in paragraph 4; and

(b) by striking out “If the order on which you all agree would remove the child(ren) from the care of the person who had the child(ren) before this status review started, explain why less disruptive options would not be enough to protect the child(ren)” in paragraph 5.

(7) Form 34B of the Regulation is revoked and the following substituted:

Form 34B

Courts of Justice Act

non-parent’s consent to adoption by spouse

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