O. Reg. 152/21: FAMILY LAW RULES
filed March 1, 2021 under Courts of Justice Act, R.S.O. 1990, c. C.43Skip to content
ontario regulation 152/21
made under the
Courts of Justice Act
Made: February 10, 2021
Approved: February 25, 2021
Filed: March 1, 2021
Published on e-Laws: March 1, 2021
Printed in The Ontario Gazette: March 20, 2021
Amending O. Reg. 114/99
(FAMILY LAW RULES)
1. (1) Clause 1 (7.2) (i) of Ontario Regulation 114/99 is revoked and the following substituted:
(i) subject to subrule (7.3), that a party or witness give any or all of their evidence by affidavit or by another method not requiring attendance in person;
(i.1) subject to subrule (7.3.1), that all or any part of a case be heard using telephone or video technology;
(2) Rule 1 of the Regulation is amended by adding the following subrule:
use of telephone or video technology
(7.3.1) In making an order under clause (7.2) (i.1) that telephone or video technology be used in a case, the court shall consider,
(a) the availability of telephone or video technology and the access of the parties, witnesses and lawyers to it;
(b) the impact of delay in not using telephone or video technology, including on any applicable timelines, particularly if the case involves a child;
(c) the effect of using telephone or video technology on the court’s ability to make findings, including determinations about the credibility of witnesses;
(d) whether a party, witness or lawyer is unable to attend in person; and
(e) any other relevant matter.
2. Clause 2 (5) (g) of the Regulation is revoked and the following substituted:
(g) if appropriate, dealing with all or any part of the case without requiring parties, witnesses or lawyers to attend in person on the basis of written documents or by using telephone or video technology, by way of an order under clause 1 (7.2) (i) or (i.1).
3. Subrule 14 (8) of the Regulation is revoked.
4. Subrules 17 (16) and (17) of the Regulation are revoked.
5. (1) Subrule 23 (20) of the Regulation is amended by striking out “witness” wherever it appears and substituting in each case “party or witness”.
(2) Subrule 23 (21) of the Regulation is amended by striking out “witness” wherever it appears and substituting in each case “party or witness”.
(3) Subrule 23 (22) of the Regulation is amended by striking out “Form 35.1 may be used” and substituting “Forms 35.1 and 35.1A may be used”.
6. Subrule 42 (19) of the Regulation is amended by striking out “2021” at the end and substituting “2024”.
Pris par :
Family Rules Committee:
Le Comité des règles en matière de droit de la famille :
Secretary, Family Rules Committee
I approve this Regulation.
J’approuve le présent règlement.
Le procureur général,