Ontario Rules of Family Court Rule 1 Ottawa Men's Centre Legal Resources

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Courts of Justice Act

ONTARIO REGULATION 114/99

Amended to O. Reg. 89/04

FAMILY LAW RULES

RULE 1: GENERAL

SHORT TITLE

1. (1) These rules may be cited as the Family Law Rules. O. Reg. 114/99, r. 1 (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 and in the Ontario Court of Justice, whether started before, on or after the day when these rules take effect,

Note: On July 1, 2004, subsection (2) is amended by striking out the portion before clause (a) and substituting the following:

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,

See: O. Reg. 89/04, ss. 1 (1), 18.

(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.

APPEALS

(2.1) Despite subrule (2), rule 38 (appeals) applies to the Superior Court of Justice and the Divisional Court. O. Reg. 544/99, s. 1 (1).

Note: On July 1, 2004, subrule (2.1) is revoked. See: O. Reg. 89/04, ss. 1 (2), 18.

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).

Note: On July 1, 2004, Rule 1 is amended by adding the following subrule:

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).

See: O. Reg. 89/04, ss. 1 (3), 18.

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).

USE OF FORMS

(9) The forms authorized by these rules and set out in the Appendix of Forms shall be used where applicable and may be adjusted as needed to fit the situation. O. Reg. 114/99, r. 1 (9).

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

PRACTICE DIRECTIONS, ETC.

(11) A practice direction, notice, memorandum or guide for the conduct of cases in any area shall be,

(a) approved in advance by the Chief Justice or Chief Judge of the court;

(b) filed with the secretary of the Family Rules Committee; and

OLD PRACTICE DIRECTIONS, ETC.

(12) Practice directions, notices, memoranda and guides that were issued before these rules take effect no longer apply. O. Reg. 114/99, r. 1 (12).

TRANSITIONAL PROVISION

(13) If a case was started before these rules take effect, the court may, on motion, order that the case or a step in the case be carried on under the rules that applied before these rules take effect. O. Reg. 114/99, r. 1 (13).

Note: On July 1, 2004, subrule (13) is revoked and the following substituted:

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).

See: O. Reg. 89/04, ss. 1 (4), 18.

TRANSITION — OLD FORMS

(14) A form in use under the rules that applied before these rules take effect may continue to be used, if it contains substantially the same information as the form required by these rules, until April 19, 2000. O. Reg. 114/99, r. 1 (14); O. Reg. 544/99, s. 1 (2).

Note: On July 1, 2004, subrule (14) is revoked and the following substituted:

TRANSITION: OLD FORMS

(14) For cases started in the Superior Court of Justice, other than the Family Court of the Superior Court of Justice, before July 1, 2004, a form in use under the rules that applied before July 1, 2004 may continue to be used, if it contains substantially the same information as the form required by these rules, until January 1, 2005. O. Reg. 89/04, s. 1 (5).

See: O. Reg. 89/04, ss. 1 (5), 18.

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