ontario regulation 9/25

made under the

Courts of Justice Act

Made: December 3, 2024
Approved: January 21, 2025
Filed: January 22, 2025
Published on e-Laws: January 22, 2025
Published in The Ontario Gazette: February 8, 2025

Amending O. Reg. 114/99

(FAMILY LAW RULES)

1. Rule 1 of Ontario Regulation 114/99 is amended by adding the following subrule:

Binding judicial dispute resolution in the Superior Court of Justice

(4.2) Despite subrule (2), rule 43 (binding judicial dispute resolution in the Superior Court of Justice) applies only to cases in the Superior Court of Justice, including in the Family Court of the Superior Court of Justice.

2. Subrule 3 (6) of the Regulation is amended by striking out “or” at the end of clause (e), by adding “or” at the end of clause (f) and by adding the following clause:

(g)  subrule 43 (18) (confirmation of binding judicial dispute resolution hearing).

3. Clause 14 (11) (e) of the Regulation is amended by striking out subclauses (i) and (ii) and substituting the following:

(i)  delivering it to the court office,

(ii)  sending it to the court office by email, or

(iii)  submitting it through the Justice Services Online website.

4. Rule 43 of the Regulation is revoked and the following substituted:

RULE 43:  BINDING JUDICIAL DISPUTE RESOLUTION IN THE SUPERIOR COURT OF JUSTICE

Binding judicial dispute resolution

Definition

43. (1) In this rule,

“binding judicial dispute resolution hearing” means a hearing held under this rule.

Purpose

(2) The purpose of this rule is to establish a binding judicial dispute resolution process in order to,

(a)  allow parties to choose a summary process as an alternative to a trial; and

(b)  permit a judge to, in a single hearing,

(i)  assist parties in resolving issues on a final basis on consent, and

(ii)  finally determine, in a summary manner, any issues that are not resolved.

Conflict

(3) In the event of a conflict between this rule and any other rule, this rule prevails to the extent of the conflict.

Application

(4) Subject to subrule (5), this rule applies in cases in the Superior Court of Justice, including cases in the Family Court of the Superior Court of Justice, in any municipality that is indicated on the Ontario Courts website as having been designated by the Chief Justice of the Superior Court of Justice for the purposes of this rule.

Excluded cases

(5) This rule does not apply with respect to cases,

(a)  under the Child, Youth and Family Services Act, 2017;

(b)  to which rule 37 (interjurisdictional support orders) applies; or

(c)  to which rule 37.2 (international child abduction) applies.

Preconditions for requesting hearing

(6) The parties to a case may request a binding judicial dispute resolution hearing in accordance with this rule if each party is satisfied that,

(a)  the case does not involve significant credibility issues that require cross-examination;

(b)  the oral evidence of a witness who is not a party is not required; and

(c)  it is reasonable to expect that the issues can be resolved or determined in a summary manner.

Request for hearing

(7) In order to request a binding judicial dispute resolution hearing, each party shall serve and file,

(a)  a binding judicial dispute resolution hearing request and consent in Form 43 or 43A; and

(b)  a motion form (Form 14B).

Same

(8) Despite clause (7) (b), if a party is serving and filing documents for the purposes of a conference or other hearing, the party may file the binding judicial dispute resolution hearing request and consent form together with the documents the party is filing for the conference or other hearing, instead of filing it together with a motion form.  

When request may be made

(9) The parties may request a binding judicial dispute resolution hearing in accordance with this rule at any stage in the case.

Order for hearing

(10) The court may, on the request of the parties in accordance with this rule and subject to subrule (9), order a binding judicial dispute resolution hearing.

Limitation on ordering hearing

(11) The court shall not order a binding judicial dispute resolution hearing if the conditions listed in subrule (6) are not met, unless the court determines that a binding judicial dispute resolution hearing is appropriate in the circumstances.

Withdrawal of consent

(12) A party may not withdraw their consent to a binding judicial dispute resolution hearing once the hearing has been ordered by the court, except with every other party’s written consent or the court’s permission.

Required documents

(13) Each party shall, within the time specified in subrule (15), serve and file the following documents, unless the court orders otherwise:

1.  An affidavit (Form 43B or 14A) that meets the following requirements:

i.  The affidavit, excluding exhibits, is not longer than 12 pages.

ii.  Any exhibits to the affidavit, not including any document referred to in paragraphs 2 to 12, do not total more than 10 pages in length, unless the court orders otherwise.

2.  A draft order setting out the relief the party is seeking.

3.  Any relevant agreements, minutes of settlement or court orders.

4.  Any offer to settle that has not been withdrawn.

5.  If the case involves a claim for support but not a property claim or a claim for exclusive possession of the matrimonial home and its contents, an updated financial statement (Form 13), together with an updated certificate of financial disclosure (Form 13A).

6.  If the case involves a property claim or a claim for exclusive possession of the matrimonial home and its contents, updated versions of the financial statement (Form 13.1), net family property statement (Form 13B) and comparison of net family property statements (Form 13C), together with an updated certificate of financial disclosure (Form 13A).

7.  If the case involves a claim respecting decision-making responsibility, parenting time or contact with respect to a child, an updated affidavit in Form 35.1 and, if applicable, an updated affidavit in Form 35.1A.

8.  If the issues to be dealt with at the binding judicial dispute resolution hearing include the amount or duration of support, details about what the amount and duration should be, including calculations.

9.  If the issues to be dealt with at the binding judicial dispute resolution hearing include the calculation of support arrears, a statement of money owed in Form 26 or, if applicable, a statement of arrears in the form used by the Director of the Family Responsibility Office.

10.  If the issues to be dealt with at the binding judicial dispute resolution hearing include the amount of special or extraordinary expenses within the meaning of section 7 of the child support guidelines, proof of the amount in dispute.

11.  If the issues to be dealt with at the binding judicial dispute resolution hearing include a property claim or a claim for exclusive possession of the matrimonial home and its contents, any supporting documents, including any reports of an expert or other professional relating to those issues.

12.  If the issues to be dealt with at the binding judicial dispute resolution hearing include a claim for decision-making responsibility, parenting time or contact with respect to a child, any reports of an expert or other professional relating to those issues.  

Same, experts’ reports

(14) Rules 20.2 (expert opinion evidence) and 20.3 (court-appointed experts) do not apply with respect to the reports required by paragraphs 11 and 12 of subrule (13).  

Timelines

(15) The documents shall be served and filed not later than,

(a)  20 days before the binding judicial dispute resolution hearing, for documents filed by the applicant or, in the case of a motion to change a final order or agreement under rule 15, the party making the motion; and

(b)  10 days before the binding judicial dispute resolution hearing, for documents filed by the respondent or, in the case of a motion to change a final order or agreement under rule 15, the party responding to the motion.

Reply affidavit

(16) The applicant or party making the motion may, not later than five days before the binding judicial dispute resolution hearing, serve and file an affidavit (Form 14A) that is not longer than four pages replying to any new matters raised by the respondent or party responding to the motion in their affidavit.

Affidavit standards

(17) The portions of an affidavit that are completed by a party shall be typed or written legibly, with double spaces between the lines, and with characters of at least 12 point size.

Confirmation

(18) Each party shall,

(a)  give a copy of a confirmation of binding judicial dispute resolution hearing (Form 43C) to every other party using mail, fax, email or any other method, before giving the confirmation to the clerk under clause (b); and

(b)  not later than 2 p.m. three days before the date of the binding judicial dispute resolution hearing, give the clerk the confirmation of issues for binding judicial dispute resolution hearing by,

(i)  delivering it to the court office,

(ii)  sending it to the court office by email, or

(iii)  submitting it through the Justice Services Online website.

Disclosure

(19) In completing the confirmation of binding judicial dispute resolution hearing, the party shall,

(a)  confirm that the party is satisfied that the disclosure provided by the other party is adequate for issues in the case to be resolved on consent by the parties or determined by a judge at the hearing; or

(b)  if the party is not satisfied that the disclosure provided by the other party is adequate for issues in the case to be resolved on consent by the parties or determined by a judge at the hearing, explain why it would be unfair to proceed without the disclosure.

Presiding judge

(20) A binding judicial dispute resolution hearing may be conducted by any judge, including a judge who,

(a)  has conducted any previous step in the case, including a conference, despite subrule 17 (24) (settlement conference judge cannot hear issue); or

(b)  has previous knowledge of any settlement discussions or offers in the case or has expressed a view of how the court might decide the case.

Conduct of hearing

(21) A binding judicial dispute resolution hearing shall be conducted in accordance with the following rules:

1.  The hearing shall be conducted entirely under oath or affirmation.

2.  No part of the hearing shall be conducted in the absence of a party or the party’s lawyer.

3.  In attempting to resolve issues at the hearing, the judge may express a view on how the court might decide the case.

4.  The judge may, for the purpose of dealing with the case justly in accordance with subrule 2 (3), rely on any evidence filed for or received at the hearing that the judge considers credible and relevant, including any evidence received in the course of attempting to resolve an issue at the hearing.

5.  Clause 18 (8) (b) (confidentiality of offer) does not apply with respect to the disclosure of information for the purposes of the hearing.

6.  The hearing shall start with settlement discussions, with the judge assisting the parties to resolve issues on consent.

7.  If an issue is resolved on consent and the judge approves the resolution, the issue shall be documented in the form of a court order that specifies the issues that were resolved on consent.

8.  If the judge determines that settlement discussions are no longer likely to resolve any further issues, the judge may make a temporary or final decision on any unresolved issue.

9.  For the purposes of paragraph 8, the judge may ask a party or witness any further questions in order to obtain further evidence, and a party may suggest questions to be asked, but there is no presumptive right of a party to call a witness to give evidence or to cross-examine.

10.  The judge is not required to provide detailed reasons when determining an issue.

Failure to participate

(22) If a party fails to participate in a binding judicial dispute resolution hearing, the judge may conduct the hearing in accordance with subrule (21) based solely on the evidence filed for or received at the hearing.

Termination of hearing

(23) The judge may make an order ending the binding judicial dispute resolution hearing if the judge determines that the hearing is no longer appropriate in the circumstances, in which case,

(a)  the hearing shall be considered to have been a conference in the case for the purposes of these rules; and

(b)  the judge may give any directions respecting the continuation of the case under these rules that the judge considers necessary.

5. The Table of Forms to the Regulation is amended by adding the following rows:

43	Binding judicial dispute resolution hearing request and consent	September 24, 2024
43A	Binding judicial dispute resolution hearing request and consent – Office of the Children’s Lawyer	September 24, 2024
43B	Affidavit for binding judicial dispute resolution hearing	September 24, 2024
43C	Confirmation of binding judicial dispute resolution hearing	September 24, 2024

Commencement

6. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Family Rules Committee:
Le Comité des règles en matière de droit de la famille :

Helena Likwornik

Secretary of the rules committee

Date made: December 3, 2024
Pris le : 3 décembre 2024

I approve this Regulation.
J’approuve le présent règlement.

Le procureur général,

Doug Downey

Attorney General

Date approved: January 21, 2025
Approuvé le : 21 janvier 2025