Rule 1: General (O. Reg. 114/99, r. 1 (1))

Rule 1 outlines its jurisdiction and applicable laws, including the Divorce Act, Ontario Family Law Act (excluding Part V), and the Children’s Law Reform Act. It also applies to other specific acts like the Change of Name Act, Child, Youth and Family Services Act (Parts III, VI, and VII), Family Responsibility and Support Arrears Enforcement Act, 1996, Marriage Act (Section 6 and 9), and the Interjurisdictional Support Orders Act, 2002. This rule details case management, procedural directives, and the handling of non-compliance, also guiding the use and format of required forms and documents.

Rule 2: Interpretation

Rule 2 provides definitions for key terms used throughout the Rules, such as “child,” “file,” “lawyer,” and “property claim.” It also emphasizes the Rules’ primary objective, which is to ensure that family law cases are handled justly. This includes a duty to promote the primary purpose of the rules and to manage cases efficiently, guiding the interpretation and application of the rules in a way that supports fairness and justice in family law proceedings.

Rule 3: Time

Rule 3 clarifies how to calculate days for procedural timelines, including for short periods, and addresses procedures for when court deadlines fall on days the court is closed. It outlines the process for parties to request changes to these timelines and conditions under which the court can alter deadlines for orders. Additionally, it specifies that court offices must refuse documents not filed in accordance with set timelines or procedures as stated in the Rules. 

Rule 4: Representation

Rule 4 outlines representation guidelines in family law cases, addressing the roles of lawyers and non-lawyer advocates. It covers situations involving public guardians, trustee appointments, the death of a party, or when a party is a child. The rule also details procedures for changing representation, exceptions in child protection cases, and the removal of lawyers from a case, emphasizing court discretion in acceptability of representation.

Rule 5: Where a Case Starts and Is to Be Heard

Rule 5 governs the start location for family law cases, typically requiring filing in the municipality of the litigant’s or child’s residence, with exceptions for immediate danger to the child. It specifies venues for enforcement steps, with contempt motions enforced where the original order was made. Additionally, Rule 5 details the process for changing a case’s venue, including child protection cases, necessitating a motion form for such changes.

Rule 6: Service of Documents

Rule 6 addresses the service of documents in family law cases, detailing regular and special methods for delivering legal documents to parties involved. It mandates providing proof of service, outlines procedures for when a party changes address, and specifies effective dates for service under various methods, including mail, fax, and courier. The rule also covers service by advertisement and exceptions for cases where service may not be required or where substituted or irregular service is permitted, along with fax service guidelines including content requirements and document length restrictions.

Rule 7: Parties

Rule 7 outlines the identification and roles of parties in legal proceedings, covering both applicants and respondents. It specifies who must be named as parties in cases, including parties involving children, and how parties may be added by court order. This rule also establishes guidelines for determining the permanent case name and court file number, including exceptions to general rules.

Rule 8: Starting a Case

Rule 8 outlines procedures for initiating family law cases, including filing applications, modifying orders, and setting court dates. It details serving applications to parties, officials, and, in cases involving children, to their lawyers or through protection orders. It also covers instances when applications are not served by the court date. Subrule 8.1 introduces the Mandatory Information Program in The Superior Court of Justice in Toronto which applies to divorce cases started after July 1, 1998, and cases governed by Part III of the Children’s Law Reform Act and Parts I, II, and III of the Family Law Act.

Rule 9: Continuing Record

Rule 9 requires initiating a continuing record in family law cases, crucial for support orders or child protection. The rule specifies that a continuing record is mandatory for cases like support orders filed with the Family Responsibility Office and applications for child protection orders or status reviews of child protection orders. A continuing record of the case may be unnecessary in situation such as when the parties file a consent motion for a final order. The rule dictates how to compile, update, and serve this record, including when to divide or merge records and the duties for document service. Special rules apply for cases started between specific dates, ensuring all involved parties have access to a comprehensive, current file. More information on other items in Rule 9 

Rule 10: Answering a Case

Rule 10 details the response procedures for respondents in family law cases, setting deadlines for filing answers (30-60 days generally, 14-30 days when adding a claim, and 20-40 days for adoption placements). It includes a 10-day period for replying to an answer and specifies consequences for not responding within these timeframes, ensuring clear expectations and timelines in family law proceedings.

Rule 11: Amending an Application, Answer or Reply

Rule 11 outlines the procedure for amending an application, answer, or reply in family law cases, specifying when amendments can be made with or without court permission and includes considerations specific to child protection cases.

Rule 12: Withdrawing, Combining, or Splitting Cases

Rule 12 details the process for withdrawing, combining, or splitting cases, noting the requirement that a notice of withdrawal must be served by a children’s lawyer or public guardian and the necessity of a court motion for combining or splitting cases, along with associated costs and procedural requirements.

Rule 13:  Financial Statements

Rule 13 requires financial disclosure for cases involving support, property, and the matrimonial home, including situations of decision-making responsibility, parenting time, and changes in support orders. It mandates that clerks reject filings without necessary financial statements and insists on complete disclosure by filers. Non-compliance, such as failing to provide these statements or answer related queries, may lead to case dismissal.

 

Rule 14: Motions for Temporary Orders

Rule 14 specifies that motions for temporary orders in family law cases, like spousal or child support, usually require a case conference first. In urgent or hardship scenarios, motions can be filed at any time, with or without notice, using Form 14C or 14B. Rule 14(6) notes exceptions where a case conference isn’t needed to proceed with such motions.

Rule 15: Motions to Change a Final Order or Agreement 

Rule 15 allows for modification of a final support order or agreement filed under the Family Law Act if there’s a significant change in circumstances, such as a change in child custody or employment status. These changes must be substantial enough to have influenced the original court decision. The rule outlines the necessity to respond to a motion for change, indicating that agreement or opposition must be clearly communicated. Failure to respond can lead to a default decision by the court.

Rule 16:  Summary Judgment

Rule 16 allows for a motion for summary judgment to quickly resolve cases without a trial, provided there’s no genuine issue requiring one. This is applicable when a party doesn’t respond in time, allowing for a final order on parts or all of a claim or defense. It requires affidavit evidence to prove the lack of need for a trial but excludes divorce claims. The rule also addresses consequences for unsuccessful or motions made in bad faith.

Rule 17: Conferences

Rule 17 governs the conduct of conferences in both defended and undefended family law cases, detailing the organization and purposes of case conferences, settlement conferences, and trial management conferences. It specifies who may conduct these conferences, the forms required, the timing, costs, and participation expectations. 

Rule 18: Offers to Settle 

Rule 18 allows parties in family law cases to make offers to settle at any stage, including before litigation begins. Offers can be withdrawn before acceptance and are not part of the continuing record or mentioned to the judge to encourage settlement. The rule facilitates negotiation, including counteroffers, aiming to resolve disputes outside of court.

Rule 19: Document Disclosure

Rule 19 mandates that parties disclose all relevant documents through an affidavit within ten days after a request. It ensures access to these documents at legal aid rates, including those cited in financial disclosures. While privileged documents may be withheld, they cannot be introduced at trial without judicial permission. Additionally, the court may compel the release of documents from non-parties if deemed materially valuable to the case.

Rule 20: Questioning a Witness and Disclosure

Rule 20 facilitates the oral questioning of witnesses under oath, including cross-examination, to uncover information not accessible by other means. It details the procedures for examining witnesses across various case types (including cases with a special party, child protection, net family property, non-parties, and people outside Ontario, with the court setting specifics like date and timing

Rule 21: Report of the Children’s Lawyer

Rule 21 outlines the role of the Children’s Lawyer, focusing on their duties as outlined under section 112 of the Courts of Justice Act. The rule involves the Children’s Lawyer in cases concerning decision-making responsibility and parenting time, granting them the right to investigate and report on matters like custody, access, education, and health of the child. The lawyer can notify other parties of their findings, who may then challenge the report’s contents.

 

Rule 22: Admission of Facts

Rule 22 enables parties in family law cases to request the admission of facts and documents as accurate and genuine by the opposing party. If not disputed within 20 days by the other party, these are deemed admitted. Withdrawal of an admission is subject to approval by either the requesting party or the court.

 

Rule 23: Evidence and Trial

Rule 23 details the procedures for presenting evidence in court, including the compilation of a trial record with all relevant documents and reports. Parties are allowed to update the trial record within seven days of serving and filing and can summon witnesses with the appropriate forms and fees. It mentions the court’s authority to enforce witness appearances and the admissibility of various forms of evidence, with specifics on when affidavits can be used in uncontested trials.

 

Rule 24: Costs

Rule 24 establishes that the successful party in a family law case may be awarded litigation costs, though exceptions exist, notably in child protection cases or against government agencies. Under Rule 24 (12), cost determinations consider each party’s conduct, efforts to settle, and incurred expenses, aiming to promote fairness and deter needless expense escalation by parties or their legal representatives.

 

Rule 25: Orders

Rule 25 allows for the issuance of orders without trial based on mutual consent of the parties involved, detailing who may draft such orders and the process for disputing them. Family law lawyers typically prepare orders according to specified guidelines and the procedure for resolving any disagreements over these orders through judicial intervention, with certain orders requiring service to relevant parties.

 

Rule 26: Enforcement of Orders

Rule 26 outlines the enforcement of court orders, detailing mechanisms for implementing payment orders and other directives, including those under the Divorce Act. It references specific sections (Rules 27, 28, 29, 30) for detailed enforcement procedures and introduces forms for stating money owed, alongside provisions for administrative costs and the transfer of enforcement responsibilities as per the Family Responsibility and Support Arrears Enforcement Act, 1996, emphasizing the importance of effective order enforcement in family law.

Rule 27: Requiring Financial Information

Rule 27 grants the recipient of a payment order the right to request financial information from the payor every six months to address defaults. It mandates the provision of this information within ten days upon a court’s order under Rule 13 for financial statements, with non-compliance potentially leading to imprisonment. Additionally, it allows for the financial examination of the payor, underlining the court’s capacity to enforce compliance through significant penalties for resistance or failure to provide the required financial disclosures.

 

Rule 28: Seizure and Sale

Rule 28 enables the recipient of unpaid orders to request a writ of seizure and sale against the payor’s property. It outlines procedures for declaring such actions to the sheriff and mandates the filing of payment details upon settlement. This rule empowers the recipient to withdraw the writ and allows for court intervention to modify, suspend, or withdraw the writ, providing a means to enforce payment orders through the seizure and sale of assets.

 

Rule 29: Garnishment

Rule 29 covers the garnishment process as a method for enforcing payment orders, detailing the issuance, service, and effects of garnishment notices. It specifies the applicability of garnishment, how it affects joint debts, and the management of received payments. The rule also addresses garnishment’s continuation beyond the initial debt payment, procedures for resolving disputes, adjustments for inflation, and the modification of garnishment notices.

 

Rule 30:  Default Hearing

Rule 30 provides for a default hearing mechanism for enforcing support payments. It allows the recipient to request a hearing if the payor defaults, with a response from the payor required within ten days. If there’s no dispute from the payor, the court may enforce the arrears during the hearing. Additionally, Rule 30 outlines potential consequences, including the issuance of a warrant of committal by the court.

 

Rule 31: Contempt of Court

Rule 31 outlines the procedure and ramifications for contempt of court, which applies when someone violates a court order (excluding payment orders). It includes provisions for issuing a warrant of arrest following a notice of contempt, supported by an affidavit. The court has the authority to impose various sanctions for contempt, such as imprisonment, fines, and seizure of property, among other measures deemed appropriate to enforce compliance with court orders.

 

Rule 32: Bonds, Recognizances, and Warrants

Rule 32 discusses the issuance of bonds, recognizances, and warrants for individuals who fail to appear in court. It details the conditions and procedures for posting a bond or bail, and the processes for motions related to enforcing, forfeiting, or canceling a bond, providing a legal framework for ensuring appearance in court proceedings.

Rule 33: Child Protection

Rule 33 outlines procedures for child protection cases, including form use, case timelines, and judge assignment. It permits the court to extend any case step if it benefits the child, a power not granted to parties. Additionally, it specifies how parties should serve plans of care or supervision for a child.

 

Rule 34: Adoption

Rule 34 governs the adoption process, referencing the Child and Family Services Act for definitions. It details the required documents for adoption applications, varying by the applicant’s relationship to the child. Additional requirements are specified for adopting Crown wards (foster child) and non-Crown wards, and it emphasizes the rights of both parents and children involved in the adoption process.

 

Rule 35: Change of Name

Rule 35 relates to applications for a change of name under the Change of Name Act, setting a deadline for appealing the Registrar General’s refusal. It requires the applicant to serve the appeal form and supporting documents to the Registrar General. The Registrar General has 15 days to file reasons for refusal.

 

Rule 36: Divorce

Rule 36 outlines the divorce process, detailing eligibility for application, procedures for alleging adultery, requirements for certificates from the Central Divorce Registry, the use of affidavit evidence in divorce proceedings, the role of court clerks, and the verification process for divorce certificates.

 

Rule 37: Interjurisdictional Support Orders Act, 2002

Rule 37 addresses the handling of support cases across different jurisdictions under the Interjurisdictional Support Orders Act, 2002 or Act. It defines key terms, outlines procedures for notice of hearings, and specifies requirements for information and documentation from both applicants and respondents. The rule facilitates written support applications but allows for oral hearings upon request. Additionally, it details the process for serving notices of order and coordinating with reciprocating jurisdictions, including special provisions for provisional orders related to the Divorce Act and Family Law Act.

 

Rule 38: Appeals

Rule 38 outlines the appeal process in family law, including procedures for appealing final and temporary orders from the Ontario Court of Justice to the Superior Court of Justice or Court of Appeal. It specifies steps for initiating appeals, requirements for appellant and respondent records and factums, timelines, hearing schedules, and provisions for motions, stays, and withdrawing an appeal.

 

Rule 39: Case Management in the Family Court of the Superior Court of Justice

Rule 39 differentiates between standard and fast-track cases in the Family Court of the Superior Court of Justice, excluding specific cases like child protection and support orders. Rule 39 outlines procedures for handling divorce and property claims under the standard track, and all other eligible family law matters under the fast track. The rule includes a mechanism that the clerk will serve a Notice of Dismissal for cases that have been inactive for 200 days, requiring a response within 30 days to avoid automatic case dismissal.

 

Rule 40:  Case Management in the Ontario Court of Justice

Rule 40 focuses on case management in the Ontario Court of Justice, sharing similarities with Rule 39 but without specifying cases into standard and fast-track.