13. (1) This rule applies to applications made on or after the 4th day of September, 1990 for variation of final orders or judgments for support, custody or access. R.R.O. 1990, Reg. 189, r. 13 (1). Material to be filed (2) When a notice of application is issued, the applicant shall file any supporting material relevant to the determination of the application. R.R.O. 1990, Reg. 189, r. 13 (2). Date for hearing (3) When the notice of application is issued, a hearing date, which shall be at least forty-five days and not more than sixty days after Day 1, shall be obtained from the registrar. R.R.O. 1990, Reg. 189, r. 13 (3). (4) If the respondent is to be served with the notice of application outside Ontario, the hearing date shall be at least sixty-five days and not more than eighty days after Day 1 (in the case of service elsewhere in Canada or in the United States) or at least eighty-five days and not more than 100 days after Day 1 (in the case of service anywhere else). R.R.O. 1990, Reg. 189, r. 13 (4). Case management order (5) When the notice of application is issued, the court shall make a case management order in Form7 (family variation track). R.R.O. 1990, Reg. 189, r. 13 (5). Special provisions (6) The following provisions apply to an application on the family variation track: Notice of application 1. The applicant shall serve the notice of application, together with the case management order, the financial statement, if required, and all other documents to be used at the hearing in support of the application, within ten days after Day 1, and file them with proof of service within seventeen days after Day 1. Notice of appearance 2. The respondent shall serve the notice of appearance, affidavit in opposition to the application and all other required documents within ten days after the date of service of the notice of application and shall file them with proof of service within fifteen days after that date. After that time, the respondent may file the documents only with leave. Service outside Ontario 3. If the respondent is served with the notice of application outside Ontario, the periods for serving and filing the notice of appearance are extended (by twenty days, in the case of service elsewhere in Canada or in the United States, or by forty days, in the case of service anywhere else) and the time for the hearing of the application shall be adjusted accordingly. Documents for settlement conference 4. Before the hearing date set out in the notice of application, every party shall file a one-page summary of the issues and a copy of the documents supporting the party’s financial statement, if any. Failure to file documents 5. If a party does not file the summary and supporting documents by the hearing date, the registrar shall, unless the court orders otherwise, make an order requiring the party to pay costs in an amount determined in accordance with paragraph 6, immediately and regardless of the outcome of the proceeding, and fixing a date on which the party shall appear with counsel to explain the default to the court. Costs 6. When a party is required to pay costs under paragraph 5 or 11, every opposing party who is separately represented by counsel is entitled to costs in the amount of $300. Two or more opposing parties who are represented by the same counsel are jointly entitled to costs in that amount. No examinations, cross-examinations or motions without leave before settlement conference 7. Before the hearing date, no party may examine, cross-examine or make a motion without leave. Settlement conference 8. On the hearing date set out in the notice of application, there shall be a settlement conference presided over by a judge, a master or a person designated by the regional senior judge. 9. All parties, as well as counsel, shall attend the settlement conference, unless an order excusing a party is made before the hearing date. Date and time of pre-trial conference 10. If no settlement is achieved at the settlement conference, the person presiding shall fix the date and time for a pre-trial conference (if he or she is of the opinion that a pre-trial conference is necessary), a date for the hearing of the application on the merits and a date after which no party may examine, cross-examine or make motions without leave. The person presiding may give all necessary directions, including a direction for the immediate trial of an issue. Failure to comply with direction 11. If a party fails to comply with a direction given at the settlement conference, the registrar shall, unless the court orders otherwise, make an order requiring the party to pay costs in an amount determined in accordance with paragraph 6, immediately and regardless of the outcome of the proceeding, and fixing a date on which the party shall appear with counsel to explain the default to the court. No further examinations, cross-examinations or motions without leave 12. After the relevant date fixed under paragraph 10, a party may examine, cross-examine or make motions only with the leave of the person who presided over the settlement conference. Refusal of leave 13. If leave for a motion requiring leave is refused, the moving party shall, unless the person who presided orders otherwise, pay costs in an amount determined in accordance with paragraph 14, immediately and regardless of the outcome of the proceeding. Costs 14. When a party is required to pay costs under paragraph 13, every opposing party who is separately represented by counsel is entitled to costs in the amount of $200. Two or more opposing parties who are represented by the same counsel are jointly entitled to costs in that amount. Pre-trial conference 15. All parties, as well as counsel, shall attend the pre-trial conference, unless an order excusing a party is made before the date fixed for the pre-trial conference. Who shall preside 16. The person who presided at the settlement conference shall also preside at the pre-trial conference, if any, but not at the hearing of the application. Hearing on the merits 17. The hearing of the application shall begin within six months of Day 1. R.R.O. 1990, Reg. 189, r. 13 (6). EXISTING ACTIONS ACTIONS COMMENCED BEFORE JANUARY 1, 1985