O. Reg. 655/00: FAMILY CASE MANAGEMENT RULES FOR THE SUPERIOR COURT OF JUSTICE IN TORONTOSkip to content
Courts of Justice Act
ONTARIO REGULATION 655/00
Amended to O. Reg. 90/04
FAMILY CASE MANAGEMENT RULES FOR THE SUPERIOR COURT OF JUSTICE IN TORONTO
Historical version for the period April 2, 2004 to June 30, 2004.
Note: These rules are revoked on July 1, 2004. See: O. Reg. 655/00, r. 6.03 (1); O. Reg. 448/01, s. 1; O. Reg. 335/02, s. 1; O. Reg. 420/03, s. 1; O. Reg. 90/04, s. 1.
This is the English version of a bilingual regulation.
RULE 1 — APPLICATION AND INTERPRETATION OF RULES
FAMILY CASE MANAGEMENT RULES
1.01 (1) These rules apply to proceedings in the Superior Court of Justice that are commenced in the part of the City of Toronto that was known as the City of Toronto before January 1, 1998 and belong to the following categories:
1. Proceedings under the Children’s Law Reform Act, the Divorce Act (Canada), the Family Law Act, the Family Responsibility and Support Arrears Enforcement Act, 1996, the Marriage Act and the Reciprocal Enforcement of Support Orders Act.
Rules of Civil Procedure
Format of documents
(4) The forms prescribed in these rules and notices and orders referred to in these rules may be single spaced, may bear the short title of the proceeding and need not have a backsheet. O. Reg. 655/00, r. 1.01 (4).
1.02 The purpose of these rules is to establish a case management system that reduces unnecessary cost and delay in family litigation, facilitates early and fair settlements and brings proceedings expeditiously to a just determination while allowing sufficient time for the conduct of the proceeding. O. Reg. 655/00, r. 1.02.
“applicant” includes a petitioner, a plaintiff, a respondent who makes a claim and a defendant who makes a counterclaim, crossclaim or third or subsequent party claim; (“requérant”)
“case management judge” means the judge assigned to manage a proceeding under these rules; (“juge responsable de la gestion de la cause”)
“defence” includes an answer; (“défense”)
“originating document” means a notice of application, a petition, statement of claim, notice of action, counterclaim, claim by respondent, counterpetition, crossclaim or third or subsequent party claim; (“document introductif”)
“respondent” includes a defendant. (“intimé”) O. Reg. 655/00, r. 1.03.
MATTERS NOT PROVIDED FOR
RULE 2 — GENERAL PROCEDURE
COMMENCEMENT OF PROCEEDING
Case information statement
ASSIGNMENT OF PROCEEDINGS TO CASE MANAGEMENT
(2) When an originating document is issued or filed, the registrar shall attach to it a warning that the proceeding will be subject to case management by the court, and shall give the applicant a copy of the warning for service on each respondent. O. Reg. 655/00, r. 2.02 (2).
Prepared by registrar
2.03 (1) On the commencement of a proceeding, the registrar shall give the applicant a timetable showing that the proceeding shall be set down for hearing within 230 days. O. Reg. 655/00, r. 2.03 (1).
Given to client
FAILURE TO COMPLY WITH TIMETABLE
Powers of registrar
2.04 (1) If a party fails to comply with a timetable, the registrar shall serve a notice on the parties that the proceeding will be dismissed without further notice unless, within 30 days after service of the notice, a party,
Dismissal after 30 days
Registrar to serve dismissal order
(3) The registrar shall serve the order on the parties by mail, and the solicitor for a party shall immediately give a copy of the order to his or her client and file proof that this has been done. O. Reg. 655/00, r. 2.04 (3).
DEFENCE OF PROCEEDING
Case information statement with defence
Refusal to accept defence
CONSOLIDATION OR HEARING TOGETHER OF RELATED PROCEEDINGS
2.06 (1) Where the court orders, under the Rules of Civil Procedure, that a proceeding to which these rules apply be consolidated with a proceeding to which they would not otherwise apply, these rules apply to the consolidated proceeding. O. Reg. 655/00, r. 2.06 (1).
(2) Where the court orders, under the Rules of Civil Procedure, that a proceeding to which these rules apply be heard at the same time as or immediately before or after a proceeding to which they would not otherwise apply, the case management judge may order that these rules apply to the other proceeding. O. Reg. 655/00, r. 2.06 (2).
Service of case management documents
(3) Where a proceeding becomes subject to these rules under subrule (1) or (2), the applicant in the proceeding originally subject to these rules shall forthwith serve the case information statements, timetable and warning on every party to the other proceeding who is not also a party to the proceeding originally subject to these rules. O. Reg. 655/00, r. 2.06 (3).
RULE 3 — CASE MANAGEMENT JUDGE AND CASE CONFERENCE
CASE MANAGEMENT JUDGE
(2) The case management judge shall deal with all matters that arise in the proceeding before the hearing, including all motions, case conferences and pre-trial conferences. O. Reg. 655/00, r. 3.01 (2).
Informal motion procedure
Motion without material
Confirmation of motion
(6) A party who makes a motion on notice to another party shall confirm with the registrar that the motion will be argued, by filing a confirmation (Form 3) not later than 2 p.m. two days before the hearing date. O. Reg. 655/00, r. 3.01 (6).
Effect of failure to confirm
Powers on own initiative
(8) The case management judge may, on his or her own initiative, require a hearing, case conference or conference call to deal with any matter arising in connection with case management, including a failure to comply with these rules or the Rules of Civil Procedure. O. Reg. 655/00, r. 3.01 (8).
Motion for leave to appeal
Not to preside at hearing
Scheduled on request
Notice and confirmation
(b) confirm with the registrar that the conference is to take place, by filing, not later than 2 p.m. two days before the scheduled date, a confirmation (Form 3), failing which the registrar shall cancel the conference. O. Reg. 655/00, r. 3.02 (2).
(3) Each party shall serve a case memorandum and file it with proof of service, not later than two days before a case conference, unless the case management judge directs that a party need not file a case memorandum. O. Reg. 655/00, r. 3.02 (3).
Duties of judge
Parties to attend personally if directed
(6) Counsel attending the conference shall be the counsel who will appear at the hearing, shall have authority to deal with the matters referred to in subrule (4) and shall be fully acquainted with the facts and legal issues. O. Reg. 655/00, r. 3.02 (6).
Powers of judge
(9) A party seeking to amend the timetable for the proceeding at a case conference shall notify the other parties of the proposed amendment and the reason for it before requesting the conference and, where the other parties consent to the proposed amendment, the consent shall be filed. O. Reg. 655/00, r. 3.02 (9).
RULE 4 — STEPS BEFORE HEARING
Action on trial list
4.01 (1) Counsel shall, within 30 days after an action is placed on the trial list, make arrangements with the registrar for a pre-trial conference, failing which the registrar shall set a date and the conference shall take place on that date unless the case management judge orders otherwise. O. Reg. 655/00, r. 4.01 (1).
(2) The applicant, or any other party by direction of the case management judge or by agreement of the parties, shall serve and file with proof of service a case memorandum and a record for the hearing (containing all pleadings, financial statements and net family property statements and all other material the party considers necessary for the pre-trial conference), not later than 10 days before the conference. O. Reg. 655/00, r. 4.01 (2).
Other parties to deliver memoranda
(3) Every other party shall serve and file with proof of service a case memorandum containing any other material the party considers necessary for the pre-trial conference, not later than five days before the conference. O. Reg. 655/00, r. 4.01 (3).
(4) A party’s case memorandum shall also contain a copy of all expert reports intended for use at the hearing and, in the case of an expert who has not yet provided a report, a summary of the evidence that the expert is expected to give at the hearing. O. Reg. 655/00, r. 4.01 (4).
Expert reports not disclosed
(5) An expert report that was not served or in respect of which a summary of evidence was not provided at the pre-trial conference may be introduced at the hearing only with permission of the presiding judge, on any terms he or she considers appropriate, and the judge shall give permission to introduce the report unless prejudice will result that cannot be compensated for by costs or an adjournment. O. Reg. 655/00, r. 4.01 (5).
Confirmation of conference
(6) The parties shall confirm with the registrar that the pre-trial conference will take place, by jointly filing a confirmation (Form 3) not later than 2 p.m. two days before the scheduled date, failing which the registrar shall cancel the conference. O. Reg. 655/00, r. 4.01 (6).
PREPARATION FOR HEARING
Completion before pre-trial conference
4.02 (1) All forms of discovery and disclosure before a hearing required or permitted by the Rules of Civil Procedure shall be completed before the pre-trial conference, and a party may not require further discovery or disclosure without an order. O. Reg. 655/00, r. 4.02 (1).
No motions after pre-trial conference
RULE 5 — FAMILY CASE MANAGEMENT ADVISORY COMMITTEE
FAMILY CASE MANAGEMENT ADVISORY COMMITTEE
5.01 (1) There shall be a Family Case Management Advisory Committee for the Superior Court of Justice in Toronto, to monitor the operation of these rules and to recommend to the appropriate authorities, including the Family Rules Committee, changes in policies and procedures necessary to facilitate case management. O. Reg. 655/00, r. 5.01 (1).
RULE 6 — CITATION
6.02 Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 655/00, r. 6.02.
6.03 Omitted (provides for the revocation of this Regulation and revokes other Regulations). O. Reg. 655/00, r. 6.03; O. Reg. 448/01, s. 1; O. Reg. 335/02, s. 1; O. Reg. 420/03, s. 1; O. Reg. 90/04, s. 1.
Courts of Justice Act
O. Reg. 655/00, Form 1; O. Reg. 201/01, s. 1.
Courts of Justice Act
O. Reg. 655/00, Form 2.
Courts of Justice Act
O. Reg. 655/00, Form 3.
Courts of Justice Act
O. Reg. 655/00, Form 4.