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R.R.O. 1990, Reg. 202: FAMILY COURT RULES
under Courts of Justice Act, R.S.O. 1990, c. C.43
Skip to contentrevoked or spent September 15, 1999 |
Courts of Justice Act
Loi sur les tribunaux judiciaires
REGULATION 202
Amended to O. Reg. 114/99
FAMILY COURT RULES
Note: This Regulation was revoked on September 15, 1999. See O. Reg. 114//99, ss. 41, 43.
This Regulation is made in English only.
PART I
GENERAL
1. In these rules,
“clerk” means the clerk of the Court;
“court” means the Family Court of the Ontario Court (General Division);
“file” means file in the office of the clerk;
“party” means a party to a proceeding and includes a person who is entitled to notice of a proceeding, but does not include a foster parent;
“prescribed” means prescribed by these rules;
“proceeding” means a proceeding in the Court. R.R.O. 1990, Reg. 202, r. 1; O. Reg. 282/95, s. 2.
2. These rules apply to all civil proceedings in the Court. R.R.O. 1990, Reg. 202, r. 2.
3. The forms authorized by these rules shall be used where applicable and with such variations as the circumstances require. R.R.O. 1990, Reg. 202, r. 3.
4. These rules shall be construed liberally so as to secure an inexpensive and expeditious conclusion of every proceeding consistent with a just determination of the proceeding. R.R.O. 1990, Reg. 202, r. 4.
5. In any matter not provided for by these rules, the practice of the Court shall be regulated by analogy to these rules and to the Act governing the proceeding, and in such a case or where it appears that these rules do not make adequate provision, a motion may be made to the Court,
(a) for an order that one or more of the Rules of Civil Procedure apply; or
(b) for directions, where it appears that there is no appropriate provision in the Rules of Civil Procedure. R.R.O. 1990, Reg. 202, r. 5.
6. (1) A failure to comply with these rules is an irregularity and does not render a proceeding or a step, document or order in a proceeding a nullity, and the Court,
(a) may grant all necessary amendments or other relief, on such terms as are just, to secure the just determination of the real matters in dispute; or
(b) only where and as necessary in the interest of justice, may set aside the proceeding or a step, document or order in the proceeding in whole or in part.
(2) At any stage of a proceeding the Court may by order correct the name of a party incorrectly named on such terms as are just, unless prejudice would result that could not be compensated for by costs or an adjournment. O. Reg. 72/92, s. 1.
7. In the computation of time under these rules or an order of the Court, where there is a reference to a number of days between two events, they shall be counted by excluding the day on which the first event happens and including the day on which the second event happens, and where the time for doing an act under these rules expires on a day on which the court office is closed, the act may be done on the next day on which the court office is open. R.R.O. 1990, Reg. 202, r. 7.
8. The Court, at any time, may lengthen or shorten a period of time prescribed by these rules or by an order of the Court, upon such terms as the Court considers proper in the circumstances. R.R.O. 1990, Reg. 202, r. 8.
9. (1) Where the Court is satisfied that the interests of a minor or a person who may be of unsound mind are involved in a proceeding, the Court may give such directions for the representation of the minor or the person as the Court considers proper.
(2) A person shall not be required to provide representation under subrule (1) without the person’s consent and the opportunity to make submissions to the Court concerning the nature and extent of the representation to be provided. R.R.O. 1990, Reg. 202, r. 9.
10. The Court may order that any person whose presence as a party is necessary to determine the matters in issue shall be added as a party. R.R.O. 1990, Reg. 202, r. 10.
10.1 (1) Where a party dies after the commencement of a proceeding, the Court on motion without notice may by order substitute the deceased party’s legal representative as a party in his or her place.
(2) Where it appears to the Court that there is no legal representative of the deceased party, the Court, on motion without notice to any person other than the person to be appointed, may by order appoint a person to act as the deceased party’s representative in the proceeding. O. Reg. 72/92, s. 2.
11. (1) A proceeding shall be commenced by filing an application in the prescribed form.
(2) A proceeding for the discharge, variation or suspension of an order may be commenced by serving and filing a notice of motion or by filing an application in the prescribed form. R.R.O. 1990, Reg. 202, r. 11.
12. Upon the commencement of a proceeding, the clerk shall set a day for hearing, issue a notice of hearing in the prescribed form and seal the notice of hearing and the application with the seal of the Court. R.R.O. 1990, Reg. 202, r. 12.
12.1 (1) All documents shall be filed and all hearings, meetings and settlement conferences shall be held at the location where the proceeding was commenced, unless subrule (2) applies or the court orders otherwise under subrule (3). O. Reg. 282/95, s. 3.
(2) Unless the court orders otherwise under subrule (3), all documents in relation to the enforcement of a support order shall be filed and all hearings (including the hearing of a motion for a suspension order), meetings and settlement conferences in relation to the enforcement of a support order shall take place,
(a) in the county where the recipient resides;
(b) if the recipient does not reside in Ontario, in the county where the order is filed for enforcement with the court or with the Director of the Family Responsibility Office;
(c) with the consent of the person enforcing the order, in the county where the payor resides; or
(d) in the case of a motion under subsection 26 (2) or (3) of the Family Responsibility and Support Arrears Enforcement Act, 1996, in the county where the income source as defined in that Act resides. O. Reg. 282/95, s. 3; O. Reg. 294/98, s. 1.
(3) The court may order that all of a proceeding or a step in a proceeding be transferred to another location of the court if, in the court’s opinion, the preponderance of convenience favours having the proceeding or step dealt with there.
(4) If the court orders the transfer of all of a proceeding to another location of the court, the court file shall be transferred to that location and all subsequent documents shall be filed there.
(5) The court may give such directions in connection with a transfer as are considered just. O. Reg. 282/95, s. 3.
13. (1) Subject to subrules (2) and (3), service of an application and service of an answer on a party added under rule 54 may be made in or out of Ontario by,
(a) leaving a copy with the person to be served;
(b) sending a copy together with an acknowledgment of service card in Form 1 by mail to the last known address of the person to be served; or
(c) leaving a copy with the solicitor of the party to be served or an employee in the solicitor’s office.
(2) Service under clause (1) (b) is effective,
(a) only if the acknowledgment of service card or a post office receipt bearing a signature that purports to be the signature of the person to be served is received by the sender; and
(b) on the date on which the sender first receives either receipt, signed as provided by clause (a).
(3) Service under clause (1) (c) is effective only if the solicitor endorses on the application or a copy of it an acceptance of service and the date of the acceptance.
(4) Where an attempt is made to effect personal service of an application, other than an application for divorce or for the annulment of a marriage, at a person’s place of residence and for any reason personal service cannot be effected, the application may be served by,
(a) leaving a copy, in a sealed envelope addressed to the person, at the place of residence with anyone who appears to be an adult member of the same household; and
(b) on the same day or the following day, mailing another copy of the application to the person at the place of residence,
and service in this manner is effective on the fifth day after the application is mailed.
(5) Service of a notice of motion to find a person in contempt of court may be made in or out of Ontario by leaving a copy with the person to be served.
(6) Service of a document in a proceeding other than a document referred to in subrule (1), (4) or (5) may be made in or out of Ontario,
(a) by leaving a copy with the person to be served;
(b) by leaving a copy with a person apparently of the age of sixteen years or over at the place where the person to be served is residing;
(c) by leaving a copy at the address for service shown on the latest document filed by the person to be served in the same or any other proceeding in the Court;
(d) by sending a copy by prepaid ordinary mail addressed to the person to be served at the person’s address for service shown on the latest document filed by the person in the same or any other proceeding in the Court;
(e) by delivering or sending by prepaid ordinary mail a copy of the document to the solicitor acting in the proceeding for the person to be served;
(f) where the document is a report, by sending a copy by prepaid ordinary mail addressed to the person to be served at the person’s last known address; or
(g) by telephone transmission of a facsimile of the document, in accordance with subrule (15).
(7) In addition to the methods set out in subrules (1), (4), (5) and (6), service of a document in a proceeding under the Child and Family Services Act on a Director or foster parent within the meaning of that Act or a children’s aid society may be made by sending a copy of the document by prepaid ordinary mail addressed to the person to be served at the person’s place of business or, in the case of a foster parent, at the foster parent’s residence. R.R.O. 1990, Reg. 202, r. 13 (1-7).
(8) If a person who is to be served with a document is mentally incapable, the document shall not be served on the person but shall be served in accordance with subrules (1) to (7),
(a) if the person has a guardian with authority to act in the proceeding, on the guardian;
(b) if the person does not have a guardian with authority to act in the proceeding but has an attorney under a power of attorney with that authority, on the attorney;
(c) in any other case, on the Public Guardian and Trustee.O. Reg. 282/95, s. 4 (1).
(9) By accepting service under subrule (3), the solicitor shall be deemed to represent to the court that the solicitor has the authority of the solicitor’s client to accept service.
(10) Where service of a document on a corporation is to be made by leaving a copy of the document with the corporation, the copy of the document may be left with an officer, director or agent of the corporation.
(11) Where a copy of a document has been mailed, the document shall be deemed to have been served on the fifth day following the day on which it was mailed, unless the contrary is shown.
(12) Even though a document in a proceeding has been served in accordance with subrule (1), (4), (6) or (7), the Court at any time may order that the document be served by leaving a copy of the document with the person to be served. R.R.O. 1990, Reg. 202, r. 13 (9-12).
(13) Proof of service or of efforts to make service may be given by affidavit or by certificate of a sheriff’s officer. R.R.O. 1990, Reg. 202, r. 13 (13); O. Reg. 282/95, s. 4 (2).
(14) Where a document is served by leaving a copy with the person to be served, the person serving the document shall request the person to be served to produce identification and to complete and sign an acknowledgment of service in Form 1 and the affidavit of service shall state the response of the person to be served to these requests.
(15) A document served by telephone transmission shall include a cover page indicating,
(a) the sender’s name, address and telephone number;
(b) the name of the solicitor or person to be served;
(c) the date and time of the transmission;
(d) the number of pages transmitted, including the cover page;
(e) the telephone number from which the document is transmitted; and
(f) the name and telephone number of a person to contact if there are transmission problems. R.R.O. 1990, Reg. 202, r. 13 (14, 15).
14. (1) Where on motion without notice the Court is satisfied that reasonable efforts have been made, without success, to serve a document or that such reasonable efforts would not be successful, the Court may order substituted service of the document in such manner as the Court directs or may dispense with service upon such terms as the Court considers proper in the circumstances.
(2) Where the Court orders service by advertisement, the advertisement shall be in Form 2. R.R.O. 1990, Reg. 202, r. 14.
15. (1) A party may abandon an application or motion,
(a) before service on the respondent, by filing a notice of abandonment;
(b) after service and before an answer or affidavit in response is served, by serving a notice of abandonment and filing it with proof of service;
(c) after an answer or affidavit in response is served, with the permission of the Court; or
(d) at any time, by filing a notice of abandonment and the consent of the other party.
(2) A party who abandons an application or motion is liable for the costs of the other party unless the Court orders otherwise. R.R.O. 1990, Reg. 202, r. 15.
16. (1) A motion within a proceeding shall be commenced by serving and filing a notice of motion in the prescribed form and, where practicable, the evidence in support of the motion.
(2) A notice of motion, other than a motion to discharge, vary or suspend a final order, shall be served at least three days before the day on which the motion is to be heard.
(3) A notice of motion to discharge, vary or suspend a final order shall be served at least,
(a) twenty days before the day on which the motion is to be heard, where the notice is served in Ontario;
(b) twenty-five days before the day on which the motion is to be heard, where the notice is served out of Ontario but in Canada or the United States of America; or
(c) thirty days before the day on which the motion is to be heard, where the notice is served out of Canada and out of the United States of America.
(4) In an urgent case, a motion may be made before the commencement of a proceeding on the moving party’s undertaking to commence the proceeding forthwith. R.R.O. 1990, Reg. 202, r. 16.
17. Where the Court is satisfied that the circumstances of the case are urgent and that the delay necessary to serve notice of a motion or the serving of notice of a motion might have serious consequences, the Court may make without notice an order on motion. R.R.O. 1990, Reg. 939, r. 17.
18. Where the parties and the judge hearing a motion consent, a motion may be heard by means of a conference telephone call. R.R.O. 1990, Reg. 202, r. 18.
19. (1) Evidence on a motion may be given,
(a) by affidavit;
(b) in the form of a transcript of the examination of a party or a witness; or
(c) with the permission of the Court, orally.
(2) An affidavit for use on a motion may contain statements of information received by the deponent and which the deponent believes to be true, if the source of the information and the fact of the belief are specified in the affidavit.
(3) Subrule (2) does not apply to a motion to find a person in contempt of court or for the discharge, variation or suspension of a final order. R.R.O. 1990, Reg. 202, r. 19.
20. (1) Where two or more issues are joined in one proceeding and the Court is of the opinion that the issues cannot conveniently be disposed of in one proceeding, the Court may order that one or more of the issues be disposed of in a separate proceeding.
(2) Where the Court is of the opinion that two or more proceedings could be more conveniently disposed of in one proceeding, the Court may order that the proceedings be consolidated. R.R.O. 1990, Reg. 202, r. 20.
21. (1) On motion, the Court may order a party or any other person to disclose facts relating to any matter in issue in the proceeding by one or more of the following means:
1. An affidavit providing the facts.
2. An affidavit answering specific questions stated in the order.
3. An affidavit answering questions submitted in writing by a party.
4. Submission to oral examination under oath.
5. An affidavit specifying relevant documents.
6. The production of relevant documents.
7. Any other means specified in the order.
(2) In an order under subrule (1), the Court may impose such terms and give such directions as the Court considers proper in the circumstances.
(3) A party may use in evidence on a motion or at a hearing any part of the affidavit or examination under oath of an opposite party or, with the permission of the Court, any other person and, where the Court is of the opinion that the part ought not to be used except with another part of the affidavit or examination, the Court may direct that the other part be put in evidence. R.R.O. 1990, Reg. 202, r. 21.
22. The Court may strike out all or part of any document filed in a proceeding, on such terms as the Court considers just, on the ground that the document or part,
(a) may prejudice or delay the fair hearing of the proceeding;
(b) is scandalous, frivolous or vexatious; or
(c) is an abuse of the process of the Court. R.R.O. 1990, Reg. 202, r. 22.
23. Where a party fails to comply with an order for interim relief and the Court is satisfied that the party is able to comply with the order, the Court may postpone the hearing or strike out the application, the answer or any affidavit of the party that failed to comply. R.R.O. 1990, Reg. 202, r. 23.
24. The parties shall hold such informal discussions as are reasonably possible for the purpose of resolving or narrowing the issues in dispute as soon as reasonably possible after the commencement of the proceeding. R.R.O. 1990, Reg. 202, r. 24.
25. As soon as reasonably possible after the commencement of a proceeding, the presiding judge shall enquire whether or not attempts have been made to resolve or narrow the issues in dispute, which issues have been resolved or narrowed and whether settlement by the parties of the issues remaining in dispute is likely. R.R.O. 1990, Reg. 202, r. 25.
26. (1) The court shall convene a settlement conference before a judge or a person designated by a judge for the purpose of resolving or narrowing the issues or of settling the procedures at a hearing.
(2) A settlement conference may be held at any stage of the proceeding.
(3) After the filing of an answer, the court shall convene a meeting with a judge for the purpose of planning and giving directions for the timing of further steps in the proceeding and setting the date for a settlement conference. R.R.O. 1990, Reg. 202, r. 26 (1-3).
(4) Revoked: O. Reg. 282/95, s. 5 (1).
(5) A judge before whom a settlement conference is held shall not preside at the hearing without the consent of the parties. R.R.O. 1990, Reg. 202, r. 26 (5); O. Reg. 282/95, s. 5 (2).
27. Subject to rule 103, and with the consent of the parties, the Court may make any order authorized by these rules or the Act governing the proceeding without a hearing. R.R.O. 1990, Reg. 202, r. 27.
28. (1) A party may at any time, by serving a request to admit in Form 4, request any other party to admit, for the purposes of the proceeding only, the truth of a fact or the authenticity of a document.
(2) A copy of any document mentioned in the request to admit shall, where practicable, be served with the request, unless a copy is already in the possession of the other party.
(3) A party on whom a request to admit is served shall respond to it within twenty days after it is served by serving on the requesting party a response to request to admit in Form 5.
(4) Where the party on whom the request is served fails to serve a response as required by subrule (3), the party shall be deemed, for the purposes of the proceeding only, to admit the truth of the facts or the authenticity of the documents mentioned in the request to admit.
(5) A party shall also be deemed, for the purposes of the proceeding only, to admit the truth of the facts or the authenticity of the documents mentioned in the request, unless the party’s response,
(a) specifically denies the truth of a fact or the authenticity of a document mentioned in the request; or
(b) refuses to admit the truth of a fact or the authenticity of a document and sets out the reason for the refusal. R.R.O. 1990, Reg. 202, r. 28.
29. (1) On request of a party, the clerk shall issue a summons to a witness in the prescribed form.
(2) Subrule (1) applies in addition to section 49 of the Child and Family Services Act, governing the issue of a summons to a witness.
(3) A summons to a witness shall be served on the witness together with the witness fee prescribed in the Tariff.
(4) A party who calls an adverse party as a witness may cross-examine the adverse party. R.R.O. 1990, Reg. 202, r. 29.
30. (1) A party who intends to call an expert witness at a hearing shall, not less than ten days before the commencement of the hearing, serve on every other party to the proceeding a report, signed by the expert, setting out his or her name, address and qualifications and the substance of his or her proposed testimony.
(2) No expert witness may testify, except with the permission of the Court, unless subrule (1) has been complied with. R.R.O. 1990, Reg. 202, r. 30.
31. (1) Where the Court is satisfied that a summons to a witness and the prescribed witness fee were served on a witness who failed to attend or to remain as required by the summons and that the presence of the witness is necessary for the determination of an issue in a proceeding, the Court may issue a warrant in Form 6 for the arrest of the witness and may cause the witness to be brought before the Court to be held in custody until the hearing in the proceeding or to be released on such terms as are contained in the warrant or as the Court considers proper.
(2) Where the warrant contains a provision for release on completion of a promise to appear, the promise to appear shall be in Form 7. R.R.O. 1990, Reg. 202, r. 31.
32. The Court may order that a witness who is incapable of attending or is otherwise not available to attend a hearing be examined under oath before a person named in the order at a place named in the order and may receive the transcript of the examination in evidence. R.R.O. 1990, Reg. 202, r. 32.
33. The judge hearing a proceeding may inspect, in the presence of the parties or their counsel, any property or place that is material to the proceeding. R.R.O. 1990, Reg. 202, r. 33.
34. The Court, on motion, may dismiss a motion, application or claim by a respondent for unreasonable delay. R.R.O. 1990, Reg. 202, r. 34.
35. (1) Where a party is represented by a solicitor in a proceeding, the party’s solicitor is responsible for preparing and submitting a draft order for signing by the clerk or by the judge who made the order.
(2) Where more than one party is represented by a solicitor in a proceeding, a solicitor who prepares a draft order before submitting it for signature shall obtain and file the approval of the other solicitor or solicitors.
(3) Where the approval required by subrule (2) cannot be obtained or the clerk is not satisfied that the form of the draft order is appropriate, the solicitor who submitted the draft order shall obtain an appointment with the clerk or with the judge who made the order to settle its terms. R.R.O. 1990, Reg. 202, r. 35.
(4) Subrules (1) and (2) do not apply to a support deduction order or suspension order under the Family Responsibility and Support Arrears Enforcement Act, 1996. O. Reg. 294/98, s. 2.
36. Where an order is made,
(a) at a hearing at which a party failed to appear through accident, mistake or insufficient notice;
(b) that contains an error arising from an accidental slip or omission;
(c) that requires amendment in any particular on which the Court did not adjudicate; or
(d) that ought to be set aside or varied on the ground of fraud or of facts arising or discovered after the order was made,
a party who is affected by the order may make a motion to have it set aside or varied. R.R.O. 1990, Reg. 202, r. 36.
37. (1) The Court, at any time in a proceeding, may direct a reference to the clerk or a person agreed on by the parties to determine an issue relating to,
(a) the taking of accounts;
(b) the conduct of a sale;
(c) the enforcement of an order; or
(d) with the consent of the parties, any other matter.
(2) Where the Court directs a reference, the Court shall give such directions for the conduct of the reference as the Court considers necessary.
(3) The person to whom a reference is directed shall convene a hearing of the reference, may cause witnesses to be summoned and examined under oath and may determine what documents are to be produced on the hearing of the reference.
(4) The person who conducts a reference shall make and file a report on the reference and the report shall be served on the parties.
(5) On motion by a party, the Court by order may confirm or may vary and confirm the report.
(6) Where no motion is made under subrule (5) within fifteen days after the report is filed, the clerk may present the report to the Court for confirmation.
(7) Where a report is presented to the Court under subrule (6), the Court may confirm the report or may require the parties to appear and make submissions in respect of the report.
(8) Where submissions are made by the parties as mentioned in subrule (7), the Court may confirm the report, may vary and confirm the report or may refer the matter back to the person who conducted the reference with such directions as the Court considers proper. R.R.O. 1990, Reg. 202, r. 37.
38. The solicitors’ fees and other fees and disbursements set out or provided for in the Tariff may be allowed as costs in a proceeding. R.R.O. 1990, Reg. 202, r. 38.
39. The Court may order payment of a fixed amount for costs in place of costs determined in accordance with the Tariff. R.R.O. 1990, Reg. 202, r. 39.
40. (1) Where costs are ordered to be paid and are not fixed by the Court, the amount of the costs shall be determined in accordance with the Tariff by the clerk, and the clerk shall issue a certificate setting out the amount of the costs determined by the clerk.
(2) On the request of a party, the clerk shall withhold the certificate for not more than ten days to allow the party to file and serve on every other party written objections to the determination by the clerk as to any item of costs.
(3) Where a party has filed and served written objections under subrule (2), the clerk shall consider the objections and the submissions of the parties and shall reconsider his or her determination as to the items in respect of which objections have been filed and, if requested, shall give written reasons for his or her decision. R.R.O. 1990, Reg. 202, r. 40.
41. Where written objections have been filed and served under rule 40, a party may appeal the determination of costs by motion and the Court shall determine the costs by order. R.R.O. 1990, Reg. 202, r. 41.
42. (1) A party acting by a solicitor may change the party’s solicitor or may act in person by filing a notice of change of solicitor containing the consent of the new solicitor to act.
(2) A party acting in person may appoint a solicitor by filing a notice of appointment containing the consent of the solicitor to act.
(3) A notice filed under subrule (1) or (2) shall be served on every other party. R.R.O. 1990, Reg. 202, r. 42.
PART II
MATRIMONIAL PROCEEDINGS
43. This Part applies to all civil proceedings in the Court other than proceedings under the Child and Family Services Act. R.R.O. 1990, Reg. 202, r. 43.
44. The parties, at any time by consent in writing without an order, may lengthen or shorten a period of time prescribed by these rules or by an order of the Court for the taking of a step in a proceeding. R.R.O. 1990, Reg. 202, r. 44.
45. (1) A party to a proceeding or an intended proceeding may make a motion for an order that all or part of the proceeding be referred to arbitration.
(2) The Court may make an arbitration order only if all of the parties have signed an agreement consenting to,
(a) the referral of the proceeding or part to arbitration;
(b) the issues to be arbitrated;
(c) the payment of the arbitrator’s fees; and
(d) the procedure to be used for the arbitration.
(3) An arbitration order may provide for,
(a) the naming of the arbitrator;
(b) the payment of the arbitrator’s fees;
(c) the disclosure of evidence before the arbitration;
(d) the recording or transcription of the arbitration;
(e) the provision of legal representation for a minor; and
(f) any other matter agreed upon by the parties concerning the arbitration.
(4) A person may be named as arbitrator only if he or she has consented in writing to act as arbitrator according to the terms of the agreement referred to in subrule (2).
(5) The Court on motion may set aside an arbitration order before the arbitration begins if a party has failed to comply with,
(a) a term of the order; or
(b) an agreement between the parties concerning disclosure of evidence before the arbitration, payment of the arbitrator’s fees or any other matter that would substantially affect the arbitration.
(6) The arbitrator shall serve the award on each party and file it with the clerk within sixty days after completing hearing of the evidence.
(7) The award shall contain,
(a) the name of the arbitrator and the date of the award;
(b) the date and place of the hearing;
(c) the names of the parties who were present or represented by counsel and those who were not;
(d) the names of any witnesses;
(e) any other particulars necessary to understand the award;
(f) a statement of the facts as determined by the arbitrator; and
(g) a statement of the reasons for the award.
(8) If the parties have not agreed before an arbitration begins that the award is to be final, the Court, on motion made by a party within fifteen days after being served with the award, may set it aside if,
(a) the arbitrator has made an error, in law or in fact, that had a substantial effect on the award; or
(b) the party was denied natural justice.
(9) The only evidence on a motion to set aside an award shall be the arbitration order, the award and the recording or transcript of the arbitration, if any, unless the Court permits otherwise.
(10) On a motion to set aside an award, the Court may confirm the award, vary it or refer it back to the arbitrator, with directions, for further consideration.
(11) After the award has been filed with the clerk, a party to the arbitration is entitled to an order in accordance with the terms of the award. R.R.O. 1990, Reg. 202, r. 45.
46. Where custody of or access to a child is in issue in a proceeding, each parent, guardian and person having care and control of the child shall be made a party unless the Court orders otherwise. R.R.O. 1990, Reg. 202, r. 46.
47. REVOKED: O. Reg. 72/92, s. 4.
48. (1) An application shall be in Form 8.
(2) An application may contain a claim against more than one respondent and may contain more than one claim against a respondent.
(3) Where the applicant claims support, a division of property or custody of a child, the applicant shall file a financial statement in Form 9, with the application. R.R.O. 1990, Reg. 202, r. 48.
49. (1) A notice of hearing shall be in Form 11.
(2) The application, the notice of hearing and the financial statement shall be served together,
(a) on every party other than the applicant; and
(b) where the applicant is an assignee under subsection 34 (3) of the Family Law Act, on the assignor.
(3) An affidavit of service shall be in Form 12. R.R.O. 1990, Reg. 202, r. 49.
50. (1) An application shall be served no later than,
(a) twenty-five days before the day set for hearing, where the application is served in Ontario;
(b) forty-five days before the day set for hearing, where the application is served elsewhere in Canada or in the United States of America; or
(c) sixty-five days before the day set for hearing, where the application is served anywhere else.
(2) Where an application is not served within the time prescribed by subrule (1), upon the request of the applicant the clerk shall set a new day for hearing, issue a new notice of hearing and seal the notice of hearing with the seal of the Court, but thereafter a new day for hearing shall be set only by the Court. R.R.O. 1990, Reg. 202, r. 50.
51. (1) An applicant may amend the application once without order of the Court, but not so as to add or to require the adding of a party.
(2) An application amended under subrule (1) shall be filed not later than five days after service of the answer on the applicant and shall be served on every party other than the applicant. R.R.O. 1990, Reg. 202, r. 51.
52. (1) A respondent shall serve an answer in Form 13 on every other party and shall file it,
(a) within 20 days after service of the application, if the application is served in Ontario;
(b) within 40 days after service of the application, if the application is served elsewhere in Canada or in the United States of America; or
(c) within 60 days after service of the application, if the application is served anywhere else.
(2) If an amended application is served, the respondent may amend his or her answer once without an order of the court, and the amended answer shall be served on every other party and filed not later than five days after service of the amended application.
(3) If the applicant or the respondent claims support, a division of property or custody of a child, the respondent shall serve a financial statement in Form 9 on every other party to the claim, with the answer, and file it with the answer. O. Reg. 282/95, s. 6.
(4) Revoked: O. Reg. 282/95, s. 6.
(5) Where a respondent does not file an answer within the time prescribed by subrule (1), the clerk may set a new day for hearing without notice to the respondent and the respondent is not entitled to notice of any further steps in the proceeding unless the Court orders otherwise. R.R.O. 1990, Reg. 202, r. 52 (5).
53. An answer may contain a claim against any other party and against any other person. R.R.O. 1990, Reg. 202, r. 53.
54. Where an answer is filed that contains a claim against a person not a party, the clerk shall issue under the seal of the Court a notice to added party in Form 14 adding the person as a party. R.R.O. 1990, Reg. 202, r. 54.
55. The notice to added party, the answer and the application shall be served together on the party added under rule 54. O. Reg. 807/84, s. 22.
56. (1) A party added under rule 54 shall serve a reply in Form 15 on every other party and file it on or before the tenth day after service of the notice of claim.
(2) If the respondent claims support, a division of property or custody of a child against a party added under rule 54, the added party shall serve a financial statement in Form 9 on every other party to the claim and file it with the reply. O. Reg. 282/95, s. 7.
57. (1) An applicant may serve a reply in Form 16 on every other party and file it on or before the fifth day after service of the answer.
(2) If an amended answer is served, the applicant may amend his or her reply once without an order of the court, and the amended reply shall be served on every other party and filed not later than five days after service of the amended answer.
(3) If the respondent claims support, a division of property or custody of a child against an applicant who has not filed a financial statement in Form 9, the applicant shall serve a financial statement in Form 9 on every other party to the claim, with the reply, and file the statement with the reply. O. Reg. 282/95, s. 7.
58. (1) A party who serves an application or answer on another party shall, at the same time, serve on the other party a notice indicating whether the party serving the application or answer is willing to consider any of the following specific alternatives to a court proceeding:
1. An assessment.
2. Mediation.
3. Arbitration.
4. A meeting involving all of the clients and counsel.
5. Any other alternative to a court proceeding.
(2) The party shall indicate in the notice if there are any people the party would suggest to conduct the assessment, mediation, arbitration or other alternative.
(3) The notice may be produced to a judge or court officer presiding over a first meeting or a settlement conference but shall not be produced to a judge or court officer presiding over a hearing. R.R.O. 1990, Reg. 202, r. 58.
59. (1) If support or a variation of support is claimed, the parties shall file the support deduction information form prescribed under the Family Responsibility and Support Arrears Enforcement Act, 1996, with the material for the hearing of a motion for interim support and with the material for the hearing of the application. O. Reg. 282/95, s. 8; O. Reg. 294/98, s. 3.
(2) The court may proceed even if the support deduction information form does not contain complete information about the payor’s address or sources of income. O. Reg. 282/95, s. 8.
59.1 (1) If either spouse claims equalization of the spouses’ net family properties, each shall, at least seven days before a settlement conference, serve on the other and file a net family property statement in Form 17.
(2) Each spouse may, at least seven days before the hearing, serve on the other and file an amended net family property statement. O. Reg. 282/95, s. 8.
60. (1) A party may serve an offer to settle all or part of a proceeding on the terms set out in the offer. O. Reg. 282/95, s. 9 (1).
(2) The offer may be accepted at any time before the Court makes an order disposing of an issue in respect of which the offer is made by serving an acceptance on the party who made the offer. R.R.O. 1990, Reg. 202, r. 60 (2); O. Reg. 282/95, s. 9 (2).
(3) The offer may be withdrawn at any time before the offer is accepted by serving a notice of withdrawal on the party to whom the offer was made. R.R.O. 1990, Reg. 202, r. 60 (3); O. Reg. 282/95, s. 9 (3).
(4) Where an offer is accepted, the Court may incorporate the offer into an order.
(5) Where an offer is made and not accepted, the Court shall examine and take into account the terms of the offer only for the purpose of determining costs. R.R.O. 1990, Reg. 202, r. 60 (4, 5).
61. (1) A notice of motion shall be in Form 18.
(2) An affidavit in support of a motion shall be in Form 19.
(3) A summons to a witness shall be in Form 20.
(4) An order, other than an order on motion without notice, shall be in Form 21. R.R.O. 1990, Reg. 202, r. 61.
61.1 Revoked: O. Reg. 282/95, s. 10.
62. (1) Where the Court makes an order on motion without notice, the clerk shall issue the order under the seal of the Court in Form 22.
(2) An order referred to in subrule (1) and any material filed on the motion for the order shall be served together within such period of time as the Court directs on every party other than the party who made the motion.
(3) The Court may make an order dispensing with any provision of subrules (1) and (2).
(4) On motion made by a person named in an order referred to in subrule (1), the Court may vary or discharge the order. R.R.O. 1990, Reg. 202, r. 62.
63. (1) Where, in an application or answer, a party claims an interest in or right to possession of land, the Court on motion without notice may issue a certificate of pending litigation in Form 23.
(2) The affidavit in support of a motion under subrule (1) shall contain a description of the land sufficient for registration and the municipal address of the land. R.R.O. 1990, Reg. 202, r. 63.
64. A party who intends to rely on an amended financial statement at the hearing shall serve it at least ten days before the hearing. R.R.O. 1990, Reg. 202, r. 64.
65. Before the hearing in a proceeding, the applicant shall prepare and file a record containing a table of contents, the application, the answer, the reply, the notice to added party, the reply by the added party, the financial statements, the net family property statements, the settlement conference memorandum, the Children’s Lawyer’s notice of intention to investigate, the Children’s Lawyer’s report, any dispute of the Children’s Lawyer’s report, any interim order made in the proceeding and any order or direction affecting the hearing in the proceeding. R.R.O. 1990, Reg. 202, r. 65; O. Reg. 282/95, s. 20.
66. (1) Where the Children’s Lawyer intends to investigate and report to the Court concerning custody of or access to a child, he or she shall serve notice of that intention on the parties and shall file a copy of the notice with proof of service. R.R.O. 1990, Reg. 202, r. 66 (1); O. Reg. 282/95, ss. 11 (1), 20.
(2) Service of the notice on a party who has been noted in default shall be effected by mail addressed to the party at the party’s last known address, unless the Court orders otherwise. R.R.O. 1990, Reg. 202, r. 66 (2).
(3) Where the Children’s Lawyer has served notice, a party who subsequently serves an answer, reply or notice of motion or any other document that relates to custody of or access to the child or relates to the child’s support or education shall also serve it on the Children’s Lawyer within the time prescribed for service on the parties. R.R.O. 1990, Reg. 202, r. 66 (3); O. Reg. 282/95, s. 20.
(4) Where the Children’s Lawyer has served notice, he or she has the right to disclosure of any matter that relates to custody of or access to the child or relates to the child’s support or education. R.R.O. 1990, Reg. 202, r. 66 (4); O. Reg. 282/95, ss. 11 (2), 20.
(5) The Children’s Lawyer shall serve his or her report on the parties interested in custody of or access to the child or in the child’s support or education, within sixty days after serving notice under subrule (1), and shall then forthwith file a copy of the report and supporting affidavit, if any, with proof of service. R.R.O. 1990, Reg. 202, r. 66 (5); O. Reg. 282/95, s. 20.
(6) Subrule (2) applies, with necessary modifications, to service of the report. R.R.O. 1990, Reg. 202, r. 66 (6).
(7) A party on whom the report is served may dispute a statement in it or in any supporting affidavit by serving a concise statement of the nature of the dispute on every other party interested in custody of or access to the child or in the child’s support or education, and on the Children’s Lawyer, and filing the statement with proof of service, within fifteen days after service of the report. R.R.O. 1990, Reg. 202, r. 66 (7); O. Reg. 282/95, s. 20.
(8) If the Children’s Lawyer has served notice under subrule (1), the application shall not be heard and a final order affecting the child shall not be made until,
(a) all disputes have been filed or the time for filing them has expired; or
(b) every party interested in custody of or access to the child or in the child’s support or education has filed a waiver of the right to dispute the report. O. Reg. 282/95, s. 11 (3).
67. The Court may order a person or agency, with the consent of the person or agency, to make an investigation related to a proceeding in which support or custody of or access to a child is in issue, may order a party or parties to pay the costs of the investigation and may receive evidence resulting from the investigation. R.R.O. 1990, Reg. 202, r. 67.
68. The person or agency making an investigation under rule 67 shall, before the hearing, serve on all parties and file a report of the investigation. O. Reg. 282/95, s. 12.
69. A party may summon as a witness and cross-examine a person who made an investigation under rule 67 and may give evidence in reply. R.R.O. 1990, Reg. 202, r. 69.
70. (1) In an application for support, the Court on motion may order that a party attend on a specified qualified person for an assessment of his or her vocational aptitudes and abilities.
(2) Where an order is made against a party under this rule, the party shall answer the questions of the specified person that are relevant to the assessment. R.R.O. 1990, Reg. 202, r. 70.
71. Evidence at the hearing in a proceeding may be given by affidavit with the permission of the Court, but the affidavit shall be confined to facts within the personal knowledge of the person making the affidavit. R.R.O. 1990, Reg. 202, r. 71.
72. (1) Where the Court makes a provisional order for confirmation by another court, the clerk shall send to the confirming court or, where the confirming court is outside Ontario, to the Attorney General for transmission to the confirming court, under the certificate of the clerk in Form 24, three copies of each of the following:
1. The application.
2. The applicant’s financial statement.
3. The transcript of the applicant’s evidence and, where reasonably possible, the exhibits.
4. The provisional order.
5. A statement of information to identify the respondent.
6. A copy of the relevant provisions of the Family Law Act and the Reciprocal Enforcement of Support Orders Act, where the confirming court is outside Ontario.
7. Where the respondent is served with a notice of hearing and the Court makes a provisional order for confirmation by another court, the notice of hearing and proof of service of the notice of hearing.
(2) Where the Court receives for confirmation a provisional order made by an originating court in a reciprocating state within the meaning of the Reciprocal Enforcement of Support Orders Act, the applicant is not required to file a financial statement.
(3) Where the Court receives a provisional order for confirmation, the respondent shall be served with,
(a) a notice of confirmation hearing in Form 26; and
(b) the material in the proceeding sent by the originating court.
(4) Where the Court receives from a confirming court a request for further evidence, every party other than the respondent shall be served with,
(a) a notice of hearing for further evidence in Form 27; and
(b) the material in the proceeding sent by the confirming court.
(5) Where, before confirming a provisional order, the Court has requested and received further evidence from the originating court, the respondent shall be served with,
(a) a notice of resumption of hearing in Form 28; and
(b) the further evidence in the proceeding sent by the originating court.
(6) Where the Court has remitted the case to the originating court for the taking of further evidence, the clerk shall send to the originating court two copies of the transcript of evidence taken before the Court on the confirmation hearing and, where reasonably possible, the exhibits. R.R.O. 1990, Reg. 202, r. 72.
73. (1) Where the Attorney General refers a request of an extra-provincial tribunal to the Court under section 33 of the Children’s Law Reform Act, the clerk shall issue a summons in Form 29 requiring the person named in the request to attend before the Court and to produce or give evidence in accordance with the request.
(2) The summons and a copy of the request of the extra-provincial tribunal, and any supporting material that accompanied the request shall be served on the person named in the request at least five days before the person is required to attend before the Court.
(3) Where the person named in the request is not a party to the proceeding before the extra-provincial tribunal and the summons requires the person to give oral evidence, the witness fee prescribed in the Tariff shall be served on the person with the summons.
(4) A copy of the summons shall be served on the Attorney General within the time prescribed by subrule (2).
(5) Where the summons does not require the person to give oral evidence, the person may file with the clerk the evidence required, verified by the affidavit of the person.
(6) Where the summons requires the person to give oral evidence, the person shall attend before the Court to be examined in accordance with the summons.
(7) The clerk shall send to the extra-provincial tribunal a certified copy of evidence produced or given under this rule.
(8) Rule 31 applies with necessary modifications in respect of a person who, after having been served in accordance with subrules (2) and (3), fails to comply with the summons. R.R.O. 1990, Reg. 202, r. 73.
74. (1) In this rule,
“originating document” means the notice of motion and affidavit in support of a motion for a variation order, the application and notice of hearing in an application for a variation order or the answer in which a respondent asks for a variation order;
“responding document” means an affidavit in response to a motion for a variation order, an answer in an application for a variation order or a reply to an answer in which a respondent asks for a variation order;
“variation motion or application” means a motion or application in which a party asks for a variation order;
“variation order” means an order that discharges, varies or suspends a custody or access order or current payments, arrears or interest under a support order.
(2) In a variation motion or application, each party shall serve on every other party a financial statement in Form 9 and file it with proof of service.
(3) An affidavit in support of, or an originating document in, a variation motion or application shall set out,
(a) the place of ordinary residence of the parties and the children;
(b) the current marital status of the parties;
(c) particulars of the change in circumstances relied on;
(d) particulars of current custody and access arrangements and of any proposed change;
(e) particulars of current support arrangements and any proposed change;
(f) in a variation motion or application in respect of a support order, whether the support order was assigned and any particulars of the assignment known to the party asking for the variation order; and
(g) particulars of any efforts to mediate the matters in issue or of any assessment in relation to custody or access.
(4) In a variation motion or application in respect of a support order that has at any time been assigned in accordance with subsection 20.1 (1) or its predecessor of the Divorce Act (Canada) or subsection 34 (3) of the Family Law Act or its predecessor,
(a) the party asking for the variation order shall also serve the assignee of the support order with the party’s originating document and financial statement; and
(b) the other party shall also serve the assignee with that party’s responding document and financial statement.
(5) On serving the parties with a notice stating that it has a financial interest in the variation motion or application and filing the notice with proof of service, the assignee becomes a responding party or respondent to the extent of its financial interest.
(6) The assignee is not required to serve a financial statement.
(7) If the party asking for the variation order does not serve the assignee as required by subrule (4), the court may at any time, on motion by the assignee on notice to the parties to the variation order, set aside the variation order so far as it deals with an issue in which the assignee has a financial interest.
(8) On a motion referred to in subrule (7), the burden of proving that the variation order should not be set aside is on the party who asked for the variation order.
(9) If the variation order is set aside, the assignee of the support order is entitled to solicitor and client costs of the motion to set aside, unless the court orders otherwise. O. Reg. 429/97, s. 1.
74.1 (1) This rule applies where a person asks to vary only a provision of an interim or final order or an agreement that deals with child support and asks only for one or more of the following in the variation order:
1. An order that child support be paid, whether in accordance with the Child Support Guidelines or not, or an order that child support be terminated.
2. An order suspending, reducing or rescinding child support arrears.
3. An order setting a payment schedule for child support arrears.
4. Costs.
(2) Despite subrule 11 (2), a person who asks for a variation order described in subrule (1) shall do so by motion.
(3) Despite subrule 74 (2), the parties do not have to serve or file financial statements where they file an agreement in writing that financial statements are not required.
(4) Where the parties have agreed on the terms of a variation order and the terms include only the matters referred to in paragraphs 1 to 4 of subrule (1), they shall file a variation information form in Form 24.1, a consent in Form 24.2, four copies of a draft variation order, a stamped envelope addressed to each of the parties, a support deduction order information form prescribed by the regulations under the Family Responsibility and Support Arrears Enforcement Act, 1996 and a draft support deduction order, but the parties do not need to serve or file a notice of motion.
(5) The variation information form shall have attached to it as exhibits,
(a) a copy of any existing interim or final order or agreement that deals with child support;
(b) a copy of every personal income tax return filed by the payor for the three most recent taxation years and every notice of assessment or reassessment of the returns;
(c) where the payor is an employee, proof of the current year’s earnings from the payor’s employer as provided in clause 21 (1) (c) of the Child Support Guidelines; and
(d) where the payor is self-employed, is a partner in a partnership, controls a corporation or is a beneficiary under a trust, the material referred to in clauses 21 (1) (d) to (g) of the Child Support Guidelines.
(6) Where,
(a) the variation order asked for is for an amount other than only the table amount under the Child Support Guidelines;
(b) the variation order asked for relates to a child over the age of 18 years, a child for whom the payor stands in the place of a parent or a child in respect of whom the payor has access or physical custody not less than 40 per cent of the time over the course of a year;
(c) each party has custody of one or more children; or
(d) the payor’s annual income as determined under the Child Support Guidelines is greater than $150,000,
the variation information form shall also have attached to it as exhibits the following documents:
1. A copy of every personal income tax return filed by the recipient for the three most recent taxation years and every notice of assessment or reassessment of the returns.
2. Where the recipient is an employee, proof of the current year’s earnings from the recipient’s employer as provided in clause 21 (1) (c) of the Child Support Guidelines.
3. Any other material referred to in clauses 21 (1) (d) to (g) of the Child Support Guidelines.
(7) Where the parties agree that the court should make an order for support not in accordance with the Child Support Guidelines because special provisions in an order or agreement directly or indirectly benefit a child or because reasonable arrangements have been made for support, the parties shall provide the evidence necessary to satisfy the court that it should make the order asked for.
(8) Where the parties file the material required by subrules (4) to (7), they shall not appear in court and the clerk shall present the material to a judge.
(9) The judge may grant the order sought or may require one or both of the parties to file further material or to appear in court.
(10) Where the parties have not agreed on the terms of a variation order, notice of a variation motion shall be served, despite subrule 16 (3),
(a) at least 30 days before the date on which the motion is to be heard, where the responding party resides in Canada or the United States of America; or
(b) at least 60 days before the date on which the motion is to be heard, where the responding party resides elsewhere.
(11) Where the parties have not agreed on the terms of a variation order, the party asking for the variation order shall serve and file, with proof of service, a notice of motion and either a variation information and consent form or an affidavit that sets out the matters referred to in subrule 74 (3) and,
(a) particulars of the change asked for in child support, including any special or extraordinary expenses and, where applicable, any contribution that the support recipient or the child could;
(b) particulars of the change in circumstances relied on and the reason for the change asked for in child support;
(c) particulars of the support payor’s annual income and the Child Support Guidelines table amount for that income;
(d) particulars of the support recipient’s annual income where,
(i) the variation order asked for is for an amount other than only the table amount under the Child Support Guidelines,
(ii) the variation order asked for relates to a child over the age of 18 years,
(iii) the variation order asked for relates to a child for whom the payor stands in the place of a parent,
(iv) the variation order asked for relates to a child in respect of whom the payor has access or physical custody not less than 40 per cent of the time over the course of a year,
(v) each party has custody of one or more children, or
(vi) the party claims that support in accordance with the Child Support Guidelines would cause undue hardship;
(e) where the party claims that support in accordance with the Child Support Guidelines would cause undue hardship, the evidence required under subsection 10 (3) of the Child Support Guidelines; and
(f) where the party claims that the court should make an order for support not in accordance with the Child Support Guidelines because of special provisions in an order or agreement that directly or indirectly benefit a child, the evidence necessary to satisfy the court that it should make the order asked for.
(12) The party responding to the motion shall serve and file, with proof of service, an affidavit that,
(a) sets out any disagreement with the contents of the variation information form or affidavit served under subrule (11) and corrects any errors in it;
(b) where the party claims that support in accordance with the Child Support Guidelines would cause undue hardship, sets out the evidence required under subsection 10 (3) of the Child Support Guidelines; and
(c) where the party claims that the court should make an order for support not in accordance with the Child Support Guidelines because special provisions in an order or agreement directly or indirectly benefit a child, the evidence necessary to satisfy the court that it should make the order asked for.
(13) The payor shall attach as exhibits to the variation information form or affidavit required by subrule (11) or (12),
(a) a copy of every personal income tax return filed by the payor for the three most recent taxation years and every notice of assessment or reassessment of the returns;
(b) where the payor is an employee, proof of the current year’s earnings from the payor’s employer as provided in clause 21 (1) (c) of the Child Support Guidelines; and
(c) where the payor is self-employed, is a partner in a partnership, controls a corporation or is a beneficiary under a trust, the material referred to in clauses 21 (1) (d) to (g) of the Child Support Guidelines.
(14) Where,
(a) the variation order asked for is for an amount other than only the table amount under the Child Support Guidelines;
(b) the variation order asked for relates to a child over the age of 18 years;
(c) the variation order asked for relates to a child for whom the payor stands in the place of a parent;
(d) the variation order asked for relates to a child in respect of whom the payor has access or physical custody not less than 40 per cent of the time over the course of a year;
(e) each party has custody of one or more children; or
(f) either party claims that support in accordance with the Child Support Guidelines would cause undue hardship,
the recipient shall attach the following documents as exhibits to the variation information form or affidavit required by subrule (11) or (12):
1. A copy of every personal income tax return filed by the recipient for the three most recent taxation years and every notice of assessment or reassessment of the returns.
2. Where the recipient is an employee, proof of the current year’s earnings from the recipient’s employer as provided in clause 21 (1) (c) of the Child Support Guidelines.
3. Any other material referred to in clauses 21 (1) (d) to (g) of the Child Support Guidelines.
(15) Where the court is of the opinion that a variation motion, whether or not on consent, can not be properly determined because of the material filed, because of the matters in dispute between the parties or for any other reason, the court may give directions accordingly, including an order for the trial of an issue. O. Reg. 215/98, s. 1.
75. A notice of registration of order under the Reciprocal Enforcement of Support Orders Act shall be in Form 25. R.R.O. 1990, Reg. 202, r. 75.
PART III
DIVORCE PROCEEDINGS
76. (1) This Part applies to applications that contain a claim for a divorce.
(2) Except as otherwise provided in this Part, Parts I, II and VI of these rules apply to applications governed by this Part. R.R.O. 1990, Reg. 202, r. 76.
77. (1) Spouses may commence a divorce application jointly without a respondent.
(2) A joint application for divorce shall not contain a claim for any relief other than a divorce and, if applicable, an order on consent. R.R.O. 1990, Reg. 202, r. 77.
78. (1) In an application in which it is alleged that the respondent has committed adultery, it is not necessary to set out the name of the other person alleged to be involved.
(2) Where the application sets out the name, it shall be served on the person unless the Court orders otherwise. R.R.O. 1990, Reg. 202, r. 2.
79. (1) The notice of hearing shall be in Form 30.
(2) A certificate of the marriage or of the registration of the marriage shall be filed with the application unless the application states that it is impossible to obtain the certificate or that the certificate will be filed before the hearing. R.R.O. 1990, Reg. 202, r. 79.
80. (1) A respondent in an application governed by Part II or this Part may ask for a divorce by filing an answer in Form 13 and, except where the applicant has filed a certificate of the marriage or of the registration of the marriage, subrule 79 (2) applies with necessary modifications.
(2) Rule 78 applies with necessary modifications to an answer. R.R.O. 1990, Reg. 202, r. 80.
81. (1) A hearing shall not be held before the clerk receives,
(a) a certificate of the marriage or the registration of the marriage, unless the application or answer states that it is impossible to obtain one; and
(b) a report in accordance with the Divorce Regulations (Canada) as to whether or not another divorce proceeding has been commenced between the parties.
(2) The judge hearing the application may, in a proper case, adjourn it and direct that the clerk forthwith give notice to the Attorney General of the proceeding, its state and the reasons of the judge for directing that notice be given.
(3) Where notice is given, the Attorney General may appear by counsel on the adjourned application and make submissions and otherwise participate in the proceeding to the extent that the judge allows. R.R.O. 1990, Reg. 202, r. 81.
82. (1) In an undefended application, any evidence or information required to enable the Court to perform its duties under subsections 10 (1) and 11 (1) of the Divorce Act (Canada) (reconciliation and bars to divorce) and the evidence at the hearing may be presented by affidavit, unless the Court orders otherwise.
(2) Where the evidence and information referred to in subrule (1) are to be presented by affidavit, the clerk shall prepare a certificate in Form 33 and submit the certificate, the application, the affidavit in support of it and the draft judgment to a judge. R.R.O. 1990, Reg. 202, r. 82 (1, 2).
(3) The affidavit of the applicant in support of the application shall,
(a) contain sufficient information for the court to satisfy itself,
(i) that there is no possibility of the reconciliation of the spouses, or
(ii) that the circumstances of the case are of such a nature that it would clearly not be appropriate for the court to consider the possibility of the reconciliation of the spouses;
(b) confirm that all the information in the application is correct, except as specified in the affidavit;
(c) if the certificate of marriage or of registration of marriage filed is not signed and sealed by the Registrar General of Ontario, refer to the certificate by its title, date and place of issue and the name and office of the person who issued it and state that it contains the correct particulars of the marriage;
(d) if no certificate of marriage or of registration of marriage has been filed, state,
(i) what efforts have been made to obtain a certificate and why it is impossible to obtain one,
(ii) the date and place of marriage, and
(iii) sufficient particulars to prove the marriage;
(e) set out particulars of the grounds for divorce;
(f) state that there has been no agreement, conspiracy, understanding or arrangement to which the applicant is either directly or indirectly a party for the purpose of subverting the administration of justice, fabricating or suppressing evidence or deceiving the court;
(g) if the applicant is relying on the respondent’s adultery or cruelty, state that the applicant has not condoned or connived at the act or conduct complained of, or if there has been condonation or connivance, set out the circumstances that indicate that the public interest would be better served by granting the divorce;
(h) provide particulars of the present and proposed custody and access arrangements in respect of each child of the marriage, if different from those set out in the application;
(i) if the applicant claims support, provide particulars of his or her and the children’s needs and of the respondent’s means, with reference to the financial statements filed and set out particulars of any change in circumstances since the financial statements were filed;
(j) if the applicant does not claim a division of property, confirm that he or she does not wish to claim a division of property at this time and state that he or she is aware that a claim for a division of property may be barred after the divorce;
(k) if the applicant wishes to include in the order terms of a consent, settlement, separation agreement or previous court order, refer to the document as an exhibit and refer to the specific provisions to be included;
(l) if the applicant claims costs, set out sufficient facts to enable the court to determine whether costs should be awarded;
(m) if the applicant seeks to have the divorce take effect earlier than thirty-one days after it is granted, set out the special circumstances that justify the earlier effective date, state that the spouses have agreed that no appeal will be taken from the order and refer to the agreement as an exhibit; and
(n) provide the respondent spouse’s last known address. R.R.O. 1990, Reg. 202, r. 82 (3); O. Reg. 282/95, s. 14.
(4) An affidavit made by a respondent spouse in support of the application shall,
(a) state that the respondent is the applicant’s spouse;
(b) provide the respondent’s address for service of the order;
(c) if the applicant is relying on the respondent’s adultery and the respondent is prepared to admit the adultery, state that the respondent is aware that he or she is not obliged to give evidence that he or she has committed adultery, but that he or she is willing to give that evidence;
(d) contain the matters referred to in clauses (a), (b), (f), (g), (h) and (i) of subrule (3); and
(e) if the respondent does not claim a division of property, confirm that he or she does not wish to claim a division of property at this time and state that he or she is aware that a claim for a division of property may be barred after the divorce.
(5) If the respondent asks for a divorce, subrules (3) and (4) apply and references to the application and applicant shall be deemed to be references to the answer and respondent.
(6) Where a person with whom a respondent spouse is alleged to have committed adultery is prepared to admit the adultery and files an affidavit in support of the application, the affidavit shall state that the person is aware that he or she is not obliged to give evidence that the respondent spouse committed adultery with him or her, but that he or she is willing to give that evidence.
(7) Where the evidence and information referred to in subrule (1) are to be presented by affidavit, the Court may,
(a) grant a divorce without an appearance by counsel or the applicant; or
(b) direct that counsel or the applicant appear or that oral evidence be presented. R.R.O. 1990, Reg. 202, r. 82 (4-7).
83. (1) Where the claim for a divorce is uncontested but other relief claimed in the proceeding is contested, a party may move for a divorce judgment.
(2) Subrules 82 (1) and (2) apply, with necessary modifications, to a motion under subrule (1).
(3) The affidavit filed by the party making the motion shall contain the matters referred to in clauses 82 (3) (a) to (g).
(4) An affidavit filed by the other party in support of the motion shall contain the matters referred to in clauses 82 (3) (f) and (g) and 82 (4) (a) to (c).
(5) Subrules 82 (6) and (7) apply, with necessary modifications, to a motion under subrule (1). R.R.O. 1990, Reg. 202, r. 83.
84. A judgment granting a divorce shall be in Form 34. R.R.O. 1990, Reg. 202, r. 84; O. Reg. 282/95, s. 15.
85. The party asking for a divorce shall file four copies of the draft divorce judgment in Form 34, a stamped envelope addressed to each of the parties and, where the Children’s Lawyer has prepared a report in the application, a stamped envelope addressed to the Children’s Lawyer. R.R.O. 1990, Reg. 202, r. 85; O. Reg. 282/95, s. 20.
86. If a divorce is granted in accordance with the draft judgment filed, the clerk shall forthwith sign the judgment and mail a copy of it in each envelope provided under rule 85. R.R.O. 1990, Reg. 202, r. 86.
87. If a divorce is to be granted but not in accordance with the draft judgment filed, the judge shall hear submissions on behalf of the applicant and shall not grant the divorce until the appropriate draft judgment is filed. R.R.O. 1990, Reg. 202, r. 87.
88. (1) Where the application was commenced in the Court and a divorce was granted, the clerk shall issue a certificate of divorce when,
(a) the divorce has taken effect;
(b) a request has been filed with the registrar, accompanied by an affidavit sworn after the divorce took effect and stating that,
(i) no appeal from the divorce is pending, or any such appeal has been abandoned or dismissed, and
(ii) no order has been made extending the time for appealing from divorce, or if any such order has been made, the extended time has expired without an appeal being taken; and
(c) the clerk has searched the court records and ascertained that there is no indication that the affidavit is incorrect.
(2) A certificate of divorce shall be in Form 35. R.R.O. 1990, Reg. 202, r. 88.
PART IV
CHANGE OF NAME
89. An application under subsection 7 (3) of the Change of Name Act to review the Registrar General’s refusal of a change of name shall be made within thirty days after the applicant is notified of the refusal. R.R.O. 1990, Reg. 202, r. 89.
PART V
PROTECTION, ADOPTION AND SECURE TREATMENT PROCEEDINGS
90. In this Part,
“Act” means the Child and Family Services Act;
“Director” means an employee of the Ministry of Community and Social Services appointed as a Director under the Act. R.R.O. 1990, Reg. 202, r. 90.
91. This Part applies to proceedings under the Act. R.R.O. 1990, Reg. 202, r. 91.
92. (1) An application filed to commence a proceeding shall be in Form 36 (general application), Form 37 (protection application), Form 38 (status review application), Form 39 (application for adoption) or Form 40 (secure treatment application; extension application).
(2) A notice of hearing shall be in Form 43.
(3) A notice of motion shall be in Form 44.
(4) An affidavit in support of a motion shall be in Form 45.
(5) A consent to secure treatment shall be in Form 41 (general) or Form 42 (child). R.R.O. 1990, Reg. 202, r. 92.
93. (1) An affidavit of service shall be in Form46.
(2) A summons to a witness shall be in Form 47. R.R.O. 1990, Reg. 202, r. 93.
94. Where a party makes a request for an order that is ancillary to the determination of the main issue in the proceeding, the request shall be by motion. R.R.O. 1990, Reg. 202, r. 94.
95. In an adoption proceeding,
(a) the child to be adopted may be identified in any document in the proceeding by the child’s given names in full followed by the first letter of the child’s surname and the child’s birth registration number; and
(b) the applicant may be identified in any document in the proceeding, other than the adoption order, by the first letter of the applicant’s surname. R.R.O. 1990, Reg. 202, r. 95.
96. An application for an adoption shall be filed with the court together with,
(a) a certified copy of the statement of live birth of the child to be adopted or where unobtainable, other proof of the date of birth satisfactory to the court;
(b) where the child is a Crown ward,
(i) the consent of a Director in Form 48,
(ii) a certified copy of any order under Part III of the Act terminating access to the child, and
(iii) a certified copy of the order of Crown wardship;
(c) where the child is not a Crown ward and is placed for adoption by a licensee under Part VII of the Act,
(i) evidence that the licensee is a licensee entitled to place the child for adoption under the Act,
(ii) a certified copy of any outstanding order made under any Act respecting custody of or access to the child of which the person placing the child for adoption has knowledge,
(iii) the consent in Form 49 of every person other than an applicant or a person who has filed a consent in Form 50 under clause (h) who is a parent of the child within the meaning of the Act or who has lawful custody or control of the child and of whom the person placing the child for adoption has knowledge, and
(iv) an affidavit of a licensee under Part VII of the Act stating,
(A) that the licensee has made reasonable inquiries as to the matters deposed to,
(B) that the licensee has no knowledge of any outstanding order, or stating the particulars of any outstanding order of which the licensee has knowledge, respecting custody of or access to the child,
(C) that the licensee has no knowledge of any person who is a parent of the child within the meaning of the Act or stating the particulars of any such other person of whom the licensee has knowledge,
(D) that the licensee has no knowledge of any other person who has lawful custody or control of the child or stating the particulars of any such other person of whom the licensee has knowledge,
(E) that the licensee has no knowledge of any other adoption application in respect of the child or stating the particulars of any such other application of which the licensee has knowledge,
(F) that the licensee has no knowledge of any recission or withdrawal of a consent to adoption, and
(G) that the licensee has given any person being adopted who is seven years of age or more and any parent an opportunity to seek counselling and independent legal advice with respect to the consent;
(d) where the child is not a Crown ward and is not placed for adoption by a licensee,
(i) a certified copy of any outstanding order made under any Act respecting custody of or access to the child of which any applicant has knowledge,
(ii) the consent in Form 49 of every person other than an applicant or a person who has filed a consent in Form 50 under clause (h) who is a parent within the meaning of the Act or who has lawful custody or control of the child and of whom any applicant has knowledge, and
(iii) an affidavit of each applicant in a relative or stepparent adoption within the meaning of Part VII of the Act or, if the child is not a Crown ward and is placed for adoption by a children’s aid society, an affidavit of an employee of the society authorized for that purpose, stating,
(A) that the applicant has made reasonable inquiries as to the matters deposed to,
(B) that the applicant has no knowledge of any outstanding order, or stating the particulars of any outstanding order of which the applicant has knowledge, respecting custody of or access to the child,
(C) that the applicant has no knowledge of any other person who is a parent of the child within the meaning of the Act or stating the particulars of any such other person of whom the applicant has knowledge,
(D) that the applicant has no knowledge of any other person who has lawful custody or control of the child or stating the particulars of any such other person of whom the applicant has knowledge, and
(E) that the applicant has not made any other adoption application in respect of the child or stating the particulars of any such other adoption application;
(e) where the child is seven years of age or over, the consent of the child in Form 52;
(f) where the child is married, the consent of the child’s spouse;
(g) where the child is under sixteen years of age or sixteen years of age or more but has not withdrawn from parental control and has not been married and a report on the adjustment of the child in the home of the applicant is required, the report;
(h) where the applicant has a spouse within the meaning of the Human Rights Code, who has not joined in the application, the consent of that spouse in Form 50;
(i) where applicable, the recommendation in Form 53 by a Director or in Form 54 by the local director of the children’s aid society, as the case may be; and
(j) an affidavit of adopting parent in Form 51. R.R.O. 1990, Reg. 202, r. 96.
97. (1) The consent of a child, parent or person with lawful custody or control of a child shall be witnessed by an employee of a children’s aid society authorized by the society for the purpose or by an employee of a child protection agency recognized by the jurisdiction in which the consent is executed. R.R.O. 1990, Reg. 202, r. 97 (1).
(2) Where a parent or a person with lawful custody or control of the child is under eighteen years of age, the consent must be accompanied by the report of the Children’s Lawyer in Form 55 stating that the Children’s Lawyer is satisfied that the consent reflects the true informed wishes of the person giving the consent. R.R.O. 1990, Reg. 202, r. 97 (2); O. Reg. 282/95, s. 20.
98. (1) In a proceeding under Part III of the Act, the application and the notice of hearing shall be served on every party other than the applicant and on a foster parent who is entitled under the Act to notice of the hearing.
(2) In a proceeding under Part VI of the Act, the application and the notice of hearing shall be served on,
(a) the child;
(b) any parent referred to in subsection 3 (2) of the Act; and
(c) any other person having actual care and control of the child who is neither a foster parent nor a service provider as defined in subsection 3 (1) of the Act. R.R.O. 1990, Reg. 202, r. 98.
99. A warrant to search for and detain a child shall be in Form 56 and an information to obtain such a warrant shall be in Form 57. R.R.O. 1990, Reg. 202, r. 99.
100. Despite rules 11 and 12, in an application for an order finding a child to be a child in need of protection or committing a child to secure treatment, the application and notice of hearing may be served without being issued by the clerk under the seal of the Court but must be filed at or before the hearing required by subsection 47 (1) of the Act. R.R.O. 1990, Reg. 202, r. 100.
101. Where an application has not been served before the day set for hearing, on the request of the applicant the clerk shall set a new day for hearing and issue a new notice of hearing under the seal of the Court. R.R.O. 1990, Reg. 202, r. 101.
102. Notice of a motion to transfer a proceeding under Part III of the Act to another county shall be served on the children’s aid society in the other county. R.R.O. 1990, Reg. 202, r. 102.
103. The Court shall not make an order on consent of the parties under subsection 57 (1) (supervision or wardship), section 114 or 120 (secure treatment) or section 151 (adoption) of the Act unless the parties agree on the facts on which the order is based and a hearing is held. R.R.O. 1990, Reg. 202, r. 103.
104. Where the report of an assessment ordered under section 54 or 116 of the Act is filed, a party may summon as a witness and cross-examine the person who made the assessment and may give evidence in reply. R.R.O. 1990, Reg. 202, r. 104.
105. (1) Where the Court makes an order on motion without notice, the clerk shall issue the order under the seal of the Court in Form 58.
(2) An order referred to in subrule (1) and any material filed on the motion for the order shall be served together within such period of time as the Court directs on every party other than the party who made the motion.
(3) The Court may make an order dispensing with any provision of subrules (1) and (2).
(4) On motion made by a person named in an order referred to in subrule (1), the Court may vary or discharge the order. R.R.O. 1990, Reg. 202, r. 105.
106. (1) An order other than an order on motion without notice shall be in Form 59 (general form of order), Form 60 (order on protection, access or status review application) or Form 61 (adoption order).
(2) An order for Crown wardship shall be served on the parties and a Director.
(3) In addition to the persons mentioned in subsection 162 (3) of the Act, an order for adoption shall be served on,
(a) the applicant’s solicitor or, where the applicant does not have a solicitor, the applicant;
(b) a Director;
(c) where the child is entitled to be heard in the proceeding, the child’s solicitor or, where the child does not have a solicitor, the child; and
(d) such other persons as the Court directs.
(4) An order for secure treatment shall be served on the persons who were served with the application or as directed by the court. R.R.O. 1990, Reg. 202, r. 106.
107. Within seven days after service on the clerk of a notice of appeal of an order or decision under the Act, the clerk shall send to the local registrar of the Ontario Court (General Division) at Toronto,
(a) a record of the proceeding consisting of,
(i) a table of contents,
(ii) a copy of the notice of appeal,
(iii) a copy of the decision appealed from and any reasons given by the Court, and
(iv) such other material that was before the Court as is necessary for the hearing of the appeal; and
(b) a certificate of the Court reporter stating that the appellant has ordered the transcript of the oral evidence taken in the proceeding. R.R.O. 1990, Reg. 202, r. 107.
PART VI
ENFORCEMENT
108. The provisions of this Part that apply to orders apply with necessary modifications to domestic contracts and paternity agreements. O. Reg. 72/92, s. 6.
109. An affidavit filed with a domestic contract or paternity agreement under subsection 35 (1) of the Family Law Act shall be in Form 62. O. Reg. 72/92, s. 6.
110. An order for the payment of money may be enforced by a writ of seizure and sale or by garnishment. O. Reg. 72/92, s. 6.
111. (1) A request for the enforcement of an order for the payment of money shall be in Form 63. O. Reg. 72/92, s. 6.
(2) A statement of arrears under section 41 of the Family Responsibility and Support Arrears Enforcement Act, 1996 shall be in Form 65. O. Reg. 294/98, s. 4.
112. Upon the filing of a request for a writ of seizure and sale verified by affidavit in Form 66 and a copy of the order to be enforced, the clerk shall issue a writ of seizure and sale in Form 67 directed to a sheriff. O. Reg. 72/92, s. 6.
113. (1) A writ of seizure and sale remains in force for six years, but may be renewed before its expiry by the clerk or, where the writ has been filed with a sheriff, by the sheriff for successive periods of six years on the filing of a request for renewal of the writ.
(2) The Court, on motion without notice, may renew a writ of seizure and sale that has expired. O. Reg. 72/92, s. 6.
114. Where a sheriff makes a seizure under a writ of seizure and sale, the sheriff shall publish a notice of sale at least ten days before the sale, specifying the date, time and place of the sale and giving a description of the property. O. Reg. 72/92, s. 6.
115. A statutory declaration referred to in section 44 of the Family Responsibility and Support Arrears Enforcement Act, 1996 shall be in Form 68. O. Reg. 294/98, s. 5.
116. The sheriff shall make a report on the execution of a writ of seizure and sale and pay to the clerk on behalf of the recipient any money available for distribution to the recipient. O. Reg. 72/92, s. 6.
117. Where there are arrears under an order for support or maintenance, a recipient under the order may enforce payment of the arrears and future payments by obtaining a notice of garnishment from the clerk. O. Reg. 72/92, s. 6.
118. Upon the filing of a request for garnishment verified by affidavit in Form 69.1 and a copy of the order to be enforced, the clerk shall issue a notice of garnishment in Form 72 or 73, as appropriate. O. Reg. 72/92, s. 6.
119. A notice of garnishment issued by the clerk under section 50 of the Family Responsibility and Support Arrears Enforcement Act, 1996 shall be in Form 74. O. Reg. 294/98, s. 6.
120. (1) The notice of garnishment shall be served on the garnishee and the payor in accordance with rule 13 or by sending a copy by ordinary mail addressed to the person to be served.
(2) The request for garnishment filed by the recipient shall be served on the payor with the notice of garnishment.
(3) Where the garnishee is a bank, trust company, loan corporation, credit union, caisse populaire or the Province of Ontario Savings Office, the notice of garnishment shall be served at the branch where the debt is payable unless the notice sets out the number and location of the payor’s account, in which case it may be served at any branch. O. Reg. 72/92, s. 6.
121. A notice of garnishment attaches, from the time of service on the garnishee, every debt payable by the garnishee to the payor,
(a) at the time of service of the notice;
(b) within six years after service of the notice; or
(c) on the fulfilment of a term or condition within six years after service of the notice. O. Reg. 72/92, s. 6.
122. (1) A payor or a garnishee may file a dispute in Form 75 or 76 within ten days after being served with the notice of garnishment.
(2) Where a payor or a garnishee files a dispute, the clerk shall forthwith serve it on the other parties by ordinary mail.
(3) If, after being served with a notice of garnishment, the garnishee fails to make any payment or sufficient payment, the clerk shall forthwith serve the person enforcing the order with a confirmation of the failure or insufficiency by ordinary mail. O. Reg. 72/92, s. 6.
123. (1) Where a dispute is filed or a garnishee fails to make any payment or sufficient payment and the person enforcing the order, the payor or the garnishee requests a hearing, the clerk shall issue under the seal of the Court a notice of garnishment hearing in Form 77.
(2) The clerk shall forthwith serve notice of the garnishment hearing on each of the parties by ordinary mail.
(3) Where a notice of garnishment hearing is served under subrule (2), the Court shall hear and determine the matter in a summary manner. O. Reg. 72/92, s. 6.
124. Where money is received by the clerk under a notice of garnishment, whether or not a dispute has been filed in respect of it, the clerk shall, unless the Court orders that the money be held in court, forthwith pay the money,
(a) to the recipient, except any amount that exceeds the priority conferred by subsection 4 (1) of the Creditors’ Relief Act; and
(b) to the sheriff, in the amount that exceeds the priority conferred by subsection 4 (1) of the Creditors’ Relief Act. O. Reg. 72/92, s. 6.
125. Where there has been a material change in the circumstances of the payor or the recipient after a notice of garnishment was issued, the Court may vary or suspend any term of the notice of garnishment. O. Reg. 72/92, s. 6.
126. (1) Subrules (2) and (3) apply where a notice of garnishment is issued to enforce a support order, domestic contract or paternity agreement that provides for indexation of periodic payments to account for inflation.
(2) The person enforcing the order, contract or agreement may serve on the garnishee and the payor, by ordinary mail or any other method permitted by rule 13, a statutory declaration in Form 78 setting out the new amount to be paid under the order, contract or agreement as a result of indexation, and may file the declaration with the Court with proof of service.
(3) The garnishee is liable from the date of service on the garnishee to pay the new amount set out in the declaration as if that amount were set out in the notice of garnishment, and rules 123, 124, 125, 127, 128 and 129 apply, with necessary modifications. O. Reg. 72/92, s. 6.
127. Where the clerk has issued a notice of garnishment at the request of the Director of the Family Responsibility Office, the garnishee shall make payments under it to the Director as if the Director were the clerk. O. Reg. 294/98, s. 7.
128. (1) Where a garnishee does not pay to the clerk the amount required to be paid under the notice of garnishment from the time it was served on the garnishee, the Court may order the garnishee to pay that amount.
(2) An order under subrule (1) may be enforced against the garnishee by a notice of garnishment or writ of seizure and sale. O. Reg. 72/92, s. 6.
129. Payment of a debt by a garnishee in accordance with a notice of garnishment is, to the extent of the payment, a valid discharge of the debt. O. Reg. 72/92, s. 6.
130. When all amounts owing or accruing under an order that is enforced by garnishment have been paid, the person enforcing the order shall forthwith serve by ordinary mail or any other method permitted by rule 13 a notice of termination of garnishment on the garnishee and on the clerk. O. Reg. 72/92, s. 6.
131. A warrant of committal shall be in Form 79. O. Reg. 72/92, s. 6.
132. A warrant under subsection 43 (1) or 59 (2) (absconding respondent) of the Family Law Act or subsection 41 (6) or 49 (1) (absconding payor) of the Family Responsibility and Support Arrears Enforcement Act, 1996 shall be in Form 6 and, where the warrant contains a provision for release on completion of a promise to appear, the promise to appear shall be in Form 7. O. Reg. 72/92, s. 6; O. Reg. 294/98, s. 8.
133. (1) A notice of default issued by a clerk to a payor under subsection 41 (1) of the Family Responsibility and Support Arrears Enforcement Act, 1996 shall be in Form 80.
(2) A notice of default issued by a clerk to a payor under subsection 41 (2) of the Family Responsibility and Support Arrears Enforcement Act, 1996 shall be in Form 80.1. O. Reg. 294/98, s. 9.
134. (1) A recognizance entered into under an order made under subsection 46 (1) of the Family Law Act shall be in Form 81 and shall be entered into before the clerk or such other person as the Court directs.
(2) Where a party is in breach of a condition of the recognizance, the Court, on motion by an opposite party or the Attorney General, may order that a writ of execution be issued to enforce the recognizance. O. Reg. 72/92, s. 6.
135. A bond under section 35 (order restraining harassment) or 37 (prevention of unlawful removal of child) of the Children’s Law Reform Act shall be in Form 82. O. Reg. 72/92, s. 6.
136. This Part, as it read on the 31st day of December, 1984, continues to apply to attachment orders made and writs of execution issued before the 1st day of January, 1985. O. Reg. 72/92, s. 6.
137. Subject to subsection 69 (3) of the Child and Family Services Act, where an appeal is taken against an order of the Court, the order may be enforced pending the hearing of the appeal, except where otherwise ordered by the Court or by the appellate court. O. Reg. 72/92, s. 6.
138. A document that relates to the enforcement of a support order and that is served, filed or issued before the 1st day of January, 1993 is not incorrect for the reason that it uses “creditor” or “debtor” instead of “recipient” or “payor”.O. Reg. 72/92, s. 6.
TARIFF
Part I—Solicitors’ Fees
Item |
Amount | ||
1. |
Application, answer and reply, up to |
$100.00 | |
This item includes all services, except motions, up to and including service and filing of a reply. |
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An increased fee may be allowed in the discretion of the clerk, up to |
| ||
2. |
Financial statements, up to |
100.00 | |
An increased fee may be allowed in the discretion of the clerk. |
|||
3. |
Disclosure of documents, up to |
100.00 | |
This item includes affidavits of documents, requests to inspect, production for inspection and inspection. |
|||
An increased fee may be allowed in the discretion of the clerk. |
|||
4. |
Setting down for hearing |
30.00 | |
5. |
Pre-motion conference |
75.00 | |
This item includes preparation and counsel fee. |
|||
An increased fee and a fee to junior counsel may be allowed in the discretion of the clerk. |
|||
6. |
Motion, up to |
75.00 | |
This item includes notice of motion, affidavits, preparation, counsel fee and signing the order. |
|||
An increased fee and a fee to junior counsel may be allowed in the discretion of the clerk. |
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7. |
Examination or other disclosure on consent |
75.00 | |
This item includes all examinations and other forms of disclosure undertaken on consent, including preliminary steps, preparation and counsel fee. |
|||
An increased fee may be allowed in the discretion of the clerk. |
|||
8. |
Examination by order, up to |
100.00 | |
This item applies to each oral examination out of court that is not on consent, including preliminary steps, preparation and counsel fee. |
|||
An increased fee may be allowed in the discretion of the clerk. |
|||
9. |
Settlement conference |
75.00 | |
This item includes preparation, counsel fee and preparation of memorandum and order. |
|||
An increased fee and a fee to junior counsel may be allowed in the discretion of the clerk. |
|||
10. |
Notice or offer |
35.00 | |
This item applies to each notice, including offer to settle, notice of acceptance and notice of withdrawal of offer. |
|||
An increased fee may be allowed in the discretion of the clerk. |
|||
11. |
Preparation for hearing, up to |
350.00 | |
This item includes correspondence, brief at trial, summoning witnesses and counsel fee on settlement. |
|||
An increased fee may be allowed in the discretion of the clerk. |
|||
12. |
Hearing |
||
This item includes counsel fee, written argument and attendance to hear judgment. |
|||
The fee to be allowed is in the discretion of the clerk. A fee to junior counsel may be allowed in the discretion of the clerk. |
|||
13. |
Order |
||
To the party having carriage |
35.00 | ||
To other parties |
15.00 | ||
This item includes settling and signing an order, whether obtained on default or otherwise, where not included in item 5 or 9. |
|||
Subject to increase, in the discretion of the clerk, up to |
| ||
14. |
Reference |
||
This item includes all preliminary steps, notices, affidavits, appointments, attendances, correspondence, preparation, counsel fee on reference and preparing, settling, signing and confirming the report. The fee to be allowed is in the discretion of the clerk. |
|||
In a sale, additional fees may be allowed in the discretion of the clerk for arranging for a private sale or a sale by tender or for preparation of conditions of sale and the advertisement, arranging for advertising and for an auctioneer, conducting the sale, arranging for payment of the purchase price and for the preparation of a transfer where one is executed. |
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15. |
Issuing or renewing a writ of execution or notice of garnishment |
| |
16. |
Determination of costs, up to |
75.00 | |
17. |
For all services in uncontested divorce proceedings |
| |
NOTE: |
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A. |
Where for any reason the services covered by an item were not completed, the fee may be reduced by the clerk. |
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Part II-Disbursements |
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18. |
Attendance money actually paid to a witness, to be calculated as follows: |
||
(a) attendance allowance for each day of necessary attendance |
| ||
(b) travel allowance, where the hearing or examination is held, |
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(i) in a city or town in which the witness resides, $3 for each day of necessary attendance, |
|||
(ii) within 300 kilometres of where the witness resides, 24 cents a kilometre each way between his or her residence and the place of hearing or examination, |
|||
(iii) more than 300 kilometres from where the witness resides, the minimum return air fare plus 24 cents a kilometre each way from his or her residence to the airport and from the airport to the place of hearing or examination; |
|||
(c) overnight accommodation and meal allowance, where the witness resides elsewhere than theplace of hearing or examination and is required to remain overnight, for each overnight stay. |
| ||
19. |
Fees or expenses actually paid to a court, court reporter, official examiner or sheriff under the regulations under the Administration of Justice Act. |
||
20. |
For service or attempted service of a document, |
||
(a) in Ontario, the amount actually paid, not exceeding the fee payable to a sheriff under the regulations under the Administration of Justice Act; |
|||
(b) outside Ontario, a reasonable amount; |
|||
(c) that was ordered to be served by publication, a reasonable amount. |
|||
21. |
For an examination and a transcript of evidence taken on the examination, the amount actually paid, not exceeding the fee payable to an official examiner under the regulations under the Administration of Justice Act. |
||
22. |
For the preparation of a plan, model, videotape, film or photograph reasonably necessary for the conduct of the proceeding, a reasonable amount. |
||
23. |
For experts’ reports that were supplied to the other parties as required by the Evidence Act or these rules and that were reasonably necessary for the conduct of the proceeding, a reasonable amount. |
||
24. |
The cost of the investigation and report of the Children’s Lawyer. |
||
25. |
For an expert who gives opinion evidence at the hearing or whose attendance was reasonably necessary at the hearing, a reasonable amount not exceeding $350 a day, subject to increase in the discretion of the clerk. |
||
26. |
For an interpreter, for services at the hearing or on an examination, a reasonable amount not exceeding $100 a day, subject to increase in the discretion of the clerk. |
||
27. |
Where ordered by the presiding judge, such travelling and accommodation expenses incurred by a party as, in the discretion of the clerk, appear reasonable. |
||
28. |
For copies of any documents or authorities prepared for or by a party for the use of the court and supplied to the opposite party, a reasonable amount. |
||
29. |
For copies of records and factums, a reasonable amount. |
||
30. |
The cost of certified copies of documents such as orders, birth, marriage, death certificates, abstracts of title, deeds, mortgages and other registered documents where reasonably necessary for the conduct of the proceeding. |
||
31. |
The cost of transcripts of proceedings of courts or tribunals, |
||
(a) where required by the court or the rules; or |
|||
(b) where reasonably necessary for the conduct of the proceeding. |
|||
32. |
Where ordered by the presiding judge, for any other disbursement reasonably necessary for the conduct of the proceeding, a reasonable amount in the discretion of the clerk. |
R.R.O. 1990, Reg. 202, Tariff; O. Reg. 282/95, s. 20.
TABLE OF FORMS
Form 1 |
— |
Acknowledgement of Service |
|
Form 2 |
— |
Advertisement | |
. . . . . | |||
Form 4 |
— |
Request to Admit |
|
Form 5 |
— |
Response to Request to Admit | |
Form 6 |
— |
Warrant for Arrest | |
Form 7 |
— |
Promise to Appear | |
Form 8 |
— |
Application | |
Form 9 |
— |
Financial Statement | |
Form 10 |
— |
Reserved | |
Form 11 |
— |
Notice of Hearing | |
Form 12 |
— |
Affidavit of Service | |
Form 13 |
— |
Answer | |
Form 14 |
— |
Notice to Added Party | |
Form 15 |
— |
Reply by Added Party | |
Form 16 |
— |
Reply by Applicant | |
. . . . . | |||
Form 17 |
— |
Net Family Property Statement |
|
Form 18 |
— |
Notice of Motion | |
Form 19 |
— |
Affidavit in Support of Motion | |
Form 20 |
— |
Summons to a Witness | |
Form 21 |
— |
Order | |
Form 22 |
— |
Order on Motion Without Notice | |
Form 23 |
— |
Certificate of Pending Litigation | |
Form 24 |
— |
Certificate of Clerk | |
Form 24.1 |
— |
Variation Information Form | |
Form 24.2 |
— |
Variation Consent Form | |
Form 25 |
— |
Notice of Registration of Order | |
Form 26 |
— |
Notice of Confirmation Hearing | |
Form 27 |
— |
Notice of Hearing for Further Evidence | |
Form 28 |
— |
Notice of Resumption of Hearing | |
Form 29 |
— |
Summons to Give Evidence for an Extra-Provincial Tribunal | |
Form 30 |
— |
Notice of Hearing (Divorce) | |
. . . . . | |||
Form 33 |
— |
Certificate of Clerk (Divorce) |
|
Form 34 |
— |
Divorce Judgment | |
Form 35 |
— |
Certificate of Divorce | |
Form 36 |
— |
Application — General (Child and Family Services) | |
Form 37 |
— |
Protection Application (Child and Family Services) | |
Form 38 |
— |
Status Review Application (Child and Family Services) | |
Form 39 |
— |
Application for Adoption (Child and Family Services) | |
Form 40 |
— |
Secure Treatment Application/Extension Application (Child and Family Services) | |
Form 41 |
— |
Consent (General) (Secure Treatment) (Child and Family Services) | |
Form 42 |
— |
Consent of Child (Child and Family Services) | |
Form 43 |
— |
Notice of Hearing (Child and Family Services) | |
Form 44 |
— |
Notice of Motion | |
Form 45 |
— |
Affidavit in Support of Motion (Child and Family Services) | |
Form 46 |
— |
Affidavit of Service (Child and Family Services) | |
Form 47 |
— |
Summons to a Witness (Child and Family Services) | |
Form 48 |
— |
Consent to Adoption — Director (Child and Family Services) | |
Form 49 |
— |
Consent to Adoption — Parent (Child and Family Services) | |
Form 50 |
— |
Consent to Adoption — Spouse (Child and Family Services) | |
Form 51 |
— |
Affidavit of Adopting Parent(s) (Child and Family Services) | |
Form 52 |
— |
Consent to Adoption — Child (Child and Family Services) | |
Form 53 |
— |
Recommendation of Director (Child and Family Services) | |
Form 54 |
— |
Recommendation of Local Director (Child and Family Services) | |
Form 55 |
— |
Report of the Children’s Lawyer (Child and Family Services) | |
Form 56 |
— |
Warrant to Bring a Child to a Place of Safety (Child and Family Services) | |
Form 57 |
— |
Information in Support of a Warrant to Bring a Child to a Place of Safety (Child and Family Services) | |
Form 58 |
— |
Order on Motion Without Notice (Child and Family Services) | |
Form 59 |
— |
Order (Child and Family Services) | |
Form 60 |
— |
Protection/Access/Status Review Order (Child and Family Services) | |
Form 61 |
— |
Adoption Order (Child and Family Services) | |
Form 62 |
— |
Affidavit in Support of Filing of Domestic Contract or Paternity Agreement | |
Form 63 |
— |
Request for Enforcement | |
. . . . . | |||
Form 65 |
— |
Statement of Arrears |
|
Form 66 |
— |
Request for a Writ of Seizure and Sale | |
Form 67 |
— |
Writ of Seizure and Sale | |
Form 68 |
— |
Statutory Declaration | |
. . . . . | |||
Form 69.1 |
— |
Request for Garnishment |
|
. . . . . | |||
Form 72 |
— |
Notice of Garnishment (Individual) |
|
Form 73 |
— |
Notice of Garnishment (Director) | |
Form 74 |
— |
Notice of Garnishment (Extra-provincial) | |
Form 75 |
— |
Dispute by Payor | |
Form 76 |
— |
Dispute by Garnishee | |
Form 77 |
— |
Notice of Garnishment Hearing | |
Form 78 |
— |
Statutory Declaration (Garnishment) | |
Form 79 |
— |
Warrant of Committal | |
Form 80 |
— |
Notice of Default | |
Form 80.1 |
— |
Notice of Default | |
Form 81 |
— |
Recognizance | |
Form 82 |
— |
Bond |
FORM 1
Courts of Justice Act
ACKNOWLEDGEMENT OF SERVICE
R.R.O. 1990, Reg. 202, Form 1; O. Reg. 282/95, ss. 19, 20; O. Reg. 294/98, s. 10.
FORM 2
Courts of Justice Act
ADVERTISEMENT
R.R.O. 1990, Reg. 202, Form 2; O. Reg. 282/95, s. 19.
FORM 3REVOKED: O. REG. 282/95, S. 17.
FORM 4
Courts of Justice Act
REQUEST TO ADMIT
R.R.O. 1990, Reg. 202, Form 4; O. Reg. 282/95, s. 19.
FORM 5
Courts of Justice Act
RESPONSE TO REQUEST TO ADMIT
R.R.O. 1990, Reg. 202, Form 5; O. Reg. 282/95, s. 19.
FORM 6
Courts of Justice Act
WARRANT FOR ARREST
R.R.O. 1990, Reg. 202, Form 6; O. Reg. 282/95, s. 19; O. Reg. 294/98, s. 11.
FORM 7
Courts of Justice Act
PROMISE TO APPEAR
R.R.O. 1990, Reg. 202, Form 7; O. Reg. 282/95, s. 19.
FORM 8
Courts of Justice Act
APPLICATION
O. Reg. 282/95, s. 18; O. Reg. 429/97, s. 2.
FORM 9
Courts of Justice Act
FINANCIAL STATEMENT
O. Reg. 282/95, s. 18; O. Reg. 294/98, s. 12.
FORM 10
Courts of Justice Act
R.R.O. 1990, Reg. 202, Form 10; O. Reg. 282/95, s. 19.
FORM 11
Courts of Justice Act
NOTICE OF HEARING
O. Reg. 282/95, s. 18; O. Reg. 294/98, s. 13.
FORM 12
Courts of Justice Act
AFFIDAVIT OF SERVICE
O. Reg. 282/95, s. 18.
FORM 13
Courts of Justice Act
ANSWER
O. Reg. 282/95, s. 18; O. Reg. 429/97, s. 3.
FORM 14
Courts of Justice Act
NOTICE TO ADDED PARTY
O. Reg. 282/95, s. 18.
FORM 15
Courts of Justice Act
REPLY BY ADDED PARTY
O. Reg. 282/95, s. 18.
FORM 16
Courts of Justice Act
REPLY BY APPLICANT
R.R.O. 1990, Reg. 202, Form 16; O. Reg. 282/95, s. 19.
FORM 16.1 REVOKED: O. REG. 294/98, S. 14.
FORM 17
Courts of Justice Act
NET FAMILY PROPERTY STATEMENT
R.R.O. 1990, Reg. 202, Form 17; O. Reg. 282/95, s. 19.
FORM 18
Courts of Justice Act
NOTICE OF MOTION
R.R.O. 1990, Reg. 202, Form 18; O. Reg. 282/95, s. 19; O. Reg. 429/97, s. 4.
FORM 19
Courts of Justice Act
AFFIDAVIT IN SUPPORT OF MOTION
R.R.O. 1990, Reg. 202, Form 19; O. Reg. 282/95, s. 19.
FORM 20
Courts of Justice Act
SUMMONS TO A WITNESS
R.R.O. 1990, Reg. 202, Form 20; O. Reg. 282/95, s. 19.
FORM 21
Courts of Justice Act
ORDER
R.R.O. 1990, Reg. 202, Form 21; O. Reg. 282/95, s. 19.
FORM 22
Courts of Justice Act
ORDER ON MOTION WITHOUT NOTICE
R.R.O. 1990, Reg. 202, Form 22; O. Reg. 282/95, s. 19.
FORM 23
Courts of Justice Act
CERTIFICATE OF PENDING LITIGATION
R.R.O. 1990, Reg. 202, Form 23; O. Reg. 282/95, s. 19.
FORM 24
Courts of Justice Act
CERTIFICATE OF CLERK
R.R.O. 1990, Reg. 202, Form 24; O. Reg. 282/95, s. 19.
FORM 24.1
Courts of Justice Act
VARIATION INFORMATION FORM
O. Reg. 215/98, s. 2.
FORM 24.2
Courts of Justice Act
VARIATION CONSENT FORM
O. Reg. 215/98, s. 2.
FORM 25
Courts of Justice Act
NOTICE OF REGISTRATION OF ORDER
O. Reg. 282/95, s. 18.
FORM 26
Courts of Justice Act
NOTICE OF CONFIRMATION HEARING
O. Reg. 282/95, s. 18.
FORM 27
Courts of Justice Act
NOTICE OF HEARING FOR FURTHER EVIDENCE
O. Reg. 282/95, s. 18.
FORM 28
Courts of Justice Act
NOTICE OF RESUMPTION OF HEARING
O. Reg. 282/95, s. 18.
FORM 29
Courts of Justice Act
SUMMONS TO GIVE EVIDENCE FOR AN
EXTRA-PROVINCIAL TRIBUNAL
R.R.O. 1990, Reg. 202, Form 29; O. Reg. 282/95, s. 19.
FORM 30
Courts of Justice Act
NOTICE OF HEARING (DIVORCE)
O. Reg. 282/95, s. 18.
FORMS 31, 32REVOKED: O. REG. 282/95, S. 17.
FORM 33
Courts of Justice Act
CERTIFICATE OF CLERK (DIVORCE)
O. Reg. 282/95, s. 18.
FORM 34
Courts of Justice Act
DIVORCE JUDGMENT
R.R.O. 1990, Reg. 202, Form 34; O. Reg. 282/95, s. 19.
FORM 35
Courts of Justice Act
CERTIFICATE OF DIVORCE
R.R.O. 1990, Reg. 202, Form 35; O. Reg. 282/95, s. 19.
FORM 36
Courts of Justice Act
APPLICATION — GENERAL
R.R.O. 1990, Reg. 202, Form 36; O. Reg. 282/95, s. 19.
FORM 37
Courts of Justice Act
PROTECTION APPLICATION
R.R.O. 1990, Reg. 202, Form 37; O. Reg. 282/95, s. 19.
FORM 38
Courts of Justice Act
STATUS REVIEW APPLICATION
R.R.O. 1990, Reg. 202, Form 38; O. Reg. 282/95, s. 19.
FORM 39
Courts of Justice Act
APPLICATION FOR ADOPTION
R.R.O. 1990, Reg. 202, Form 39; O. Reg. 282/95, s. 19.
FORM 40
Courts of Justice Act
SECURE TREATMENT
APPLICATION/EXTENSION APPLICATION
R.R.O. 1990, Reg. 202, Form 40; O. Reg. 282/95, s. 19.
FORM 41
Courts of Justice Act
CONSENT (GENERAL) (SECURE TREATMENT)
R.R.O. 1990, Reg. 202, Form 41; O. Reg. 282/95, s. 19.
FORM 42
Courts of Justice Act
CONSENT OF CHILD
R.R.O. 1990, Reg. 202, Form 42; O. Reg. 282/95, s. 19.
FORM 43
Courts of Justice Act
NOTICE OF HEARING
R.R.O. 1990, Reg. 202, Form 43; O. Reg. 282/95, s. 19.
FORM 44
Courts of Justice Act
NOTICE OF MOTION
O. Reg. 282/95, s. 18.
FORM 45
Courts of Justice Act
AFFIDAVIT IN SUPPORT OF MOTION
R.R.O. 1990, Reg. 202, Form 45; O. Reg. 282/95, s. 19.
FORM 46
Courts of Justice Act
AFFIDAVIT OF SERVICE
R.R.O. 1990, Reg. 202, Form 46; O. Reg. 282/95, s. 19.
FORM 47
Courts of Justice Act
SUMMONS TO A WITNESS
R.R.O. 1990, Reg. 202, Form 47; O. Reg. 282/95, s. 19.
FORM 48
Courts of Justice Act
CONSENT TO ADOPTION — DIRECTOR
R.R.O. 1990, Reg. 202, Form 48; O. Reg. 282/95, s. 19.
FORM 49
Courts of Justice Act
CONSENT TO ADOPTION — PARENT
R.R.O. 1990, Reg. 202, Form 49; O. Reg. 282/95, ss. 19, 20.
FORM 50
Courts of Justice Act
CONSENT TO ADOPTION — SPOUSE
R.R.O. 1990, Reg. 202, Form 50; O. Reg. 282/95, ss. 19, 20.
FORM 51
Courts of Justice Act
AFFIDAVIT OF ADOPTING PARENT(S)
R.R.O. 1990, Reg. 202, Form 51; O. Reg. 282/95, s. 19.
FORM 52
Courts of Justice Act
CONSENT TO ADOPTION — CHILD
R.R.O. 1990, Reg. 202, Form 52; O. Reg. 282/95, s. 19.
FORM 53
Courts of Justice Act
RECOMMENDATION OF DIRECTOR
R.R.O. 1990, Reg. 202, Form 53; O. Reg. 282/95, s. 19.
FORM 54
Courts of Justice Act
RECOMMENDATION OF LOCAL DIRECTOR
R.R.O. 1990, Reg. 202, Form 54; O. Reg. 282/95, s. 19.
FORM 55
Courts of Justice Act
REPORT OF THE CHILDREN’S LAWYER
R.R.O. 1990, Reg. 202, Form 55; O. Reg. 282/95, ss. 19, 20.
FORM 56
Courts of Justice Act
WARRANT TO BRING A CHILD TO A
PLACE OF SAFETY
R.R.O. 1990, Reg. 202, Form 56; O. Reg. 282/95, s. 19.
FORM 57
Courts of Justice Act
INFORMATION IN SUPPORT OF A WARRANT TO
BRING A CHILD TO A PLACE OF SAFETY
R.R.O. 1990, Reg. 202, Form 57; O. Reg. 282/95, s. 19.
FORM 58
Courts of Justice Act
ORDER ON MOTION WITHOUT NOTICE
R.R.O. 1990, Reg. 202, Form 58; O. Reg. 282/95, s. 19.
FORM 59
Courts of Justice Act
ORDER
R.R.O. 1990, Reg. 202, Form 59; O. Reg. 282/95, s. 19.
FORM 60
Courts of Justice Act
PROTECTION/ACCESS/
STATUS REVIEW ORDER
R.R.O. 1990, Reg. 202, Form 60; O. Reg. 282/95, s. 19.
FORM 61
Courts of Justice Act
ADOPTION ORDER
R.R.O. 1990, Reg. 202, Form 61; O. Reg. 282/95, s. 19.
FORM 62
Courts of Justice Act
AFFIDAVIT IN SUPPORT OF FILING OF
DOMESTIC CONTRACT OR PATERNITY
AGREEMENT
R.R.O. 1990, Reg. 202, Form 62; O. Reg. 282/95, s. 19.
FORM 63
Courts of Justice Act
REQUEST FOR ENFORCEMENT
O. Reg. 72/92, s. 8; O. Reg. 282/95, s. 19; O. Reg. 294/98, s. 15.
FORM 64REVOKED: O. REG. 72/92, S. 9.
FORM 65
Courts of Justice Act
STATEMENT OF ARREARS
O. Reg. 72/92, s. 10; O. Reg. 282/95, s. 19.
FORM 66
Courts of Justice Act
REQUEST FOR A WRIT OF SEIZURE AND SALE
O. Reg. 72/92, s. 11; O. Reg. 282/95, s. 19.
FORM 67
Courts of Justice Act
WRIT OF SEIZURE AND SALE
O. Reg. 72/92, s. 12; O. Reg. 282/95, s. 19.
FORM 68
Courts of Justice Act
STATUTORY DECLARATION
O. Reg. 72/92, s. 13; O. Reg. 282/95, s. 19; O. Reg. 294/98, s. 16.
FORM 69REVOKED: O. REG. 72/92, S. 14.
FORM 69.1
Courts of Justice Act
REQUEST FOR GARNISHMENT
O. Reg. 72/92, s. 15; O. Reg. 282/95, s. 19.
FORMS 70, 71REVOKED: O. REG. 72/92, S. 16.
FORM 72
Courts of Justice Act
NOTICE OF GARNISHMENT
(INDIVIDUAL)
O. Reg. 72/92, s. 17; O. Reg. 282/95, s. 19; O. Reg. 294/98, s. 17.
FORM 73
Courts of Justice Act
NOTICE OF GARNISHMENT
(DIRECTOR)
O. Reg. 72/92, s. 17; O. Reg. 282/95, s. 19; O. Reg. 294/98, s. 18.
FORM 74
Courts of Justice Act
NOTICE OF GARNISHMENT
(EXTRA-PROVINCIAL)
O. Reg. 72/92, s. 18; O. Reg. 282/95, s. 19; O. Reg. 294/98, s. 19.
FORM 75
Courts of Justice Act
DISPUTE BY PAYOR
O. Reg. 72/92, s. 19; O. Reg. 282/95, s. 19.
FORM 76
Courts of Justice Act
DISPUTE BY GARNISHEE
O. Reg. 72/92, s. 19; O. Reg. 282/95, s. 19.
FORM 77
Courts of Justice Act
NOTICE OF GARNISHMENT HEARING
O. Reg. 72/92, s. 19; O. Reg. 282/95, s. 19.
FORM 78
Courts of Justice Act
STATUTORY DECLARATION
(GARNISHMENT)
O. Reg. 72/92, s. 19; O. Reg. 282/95, s. 19; O. Reg. 294/98, s. 20.
FORM 79
Courts of Justice Act
WARRANT OF COMMITTAL
O. Reg. 282/95, s. 18.
FORM 80
Courts of Justice Act
NOTICE OF DEFAULT
O. Reg. 72/92, s. 19; O. Reg. 282/95, s. 19; O. Reg. 294/98, s. 21.
FORM 80.1
Courts of Justice Act
NOTICE OF DEFAULT
Family Court (General Division) |
Notice of Default (Form 80.1 Family Rules) |
Court File Number
at address |
Recipient
Full name |
Address for service (street & number, municipality, postal code) |
Payor
Full name |
Address for service (street & number, municipality, postal code) |
To the payor
The records of this court indicate that you are in default in the amount of
as of
(date)
under the order of (court)
dated
(date)
You are required to:
1. file the attached financial statement with the court at within ten days after service on you of this notice
2. appear before this court to explain any default that may exist at the date of the hearing on
(date) |
at (time) |
||||
or as soon after that time as the case can be heard, and on any other date as required by the court. |
If you fail to appear as required by this notice, a warrant may be issued for your arrest.
If you fail to satisfy the court that there are not arrears or that you are unable to pay, you may be imprisoned for up to ninety days.
You may also be required to pay the costs of this proceeding.
|
Clerk of the court |
O. Reg. 294/98, s. 22.
FORM 81
Courts of Justice Act
RECOGNIZANCE
O. Reg. 72/92, s. 19; O. Reg. 282/95, s. 19.
FORM 82
Courts of Justice Act
BOND
O. Reg. 72/92, s. 19; O. Reg. 282/95, s. 19.