Courts of Justice Act

ONTARIOREGULATION 114/99

Amended to O. Reg. 89/04

FAMILY LAW RULES

RULE 8:  STARTING A CASE

FILING AN APPLICATION

8.  (1)  To start a case, a person shall file an application (Form 8, 8A, 8B, 8C, 8D or 8D.1) and, if required, a summary of court cases (Form 8E).  O. Reg. 114/99, r. 8 (1); O. Reg. 337/02, s. 1.

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 in a status review application under the Child and Family Services Act, to which that rule does not apply).  O. Reg. 114/99, r. 8 (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

(b)   seal the application with the court seal.  O. Reg. 114/99, r. 8 (4).

Note:  On July 1, 2004, subrule (4) is amended by adding “and subrule 41 (4) (case management, clerk’s role)” after “subrule 39 (7) (case management, standard track)”.  See:  O. Reg. 89/04, ss. 2, 18.

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).

Note:  On July 1, 2004, the Regulation is amended by adding the following rule:

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 caseis 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. 

REVOCATION

(9)  This rule is revoked on December 31, 2007.  O. Reg. 89/04, s. 3.

See:  O. Reg. 89/04, ss. 3, 18.