jswizzle3737/ontario_laws_and_regs huggingface dataset:
1.01 (1) These rules apply to proceedings in the Superior Court of Justice and the Ontario Court of Justice that are commenced in the part of the City of Toronto that was known as the City of Toronto before January 1, 1998 and belong to the following categories: 1. Proceedings under the Change of Name Act, Part III or VII of the Child and Family Services Act, the Children’s Law Reform Act, the Divorce Act (Canada), the Family Law Act, the Family Support Plan Act, the Marriage Act and the Reciprocal Enforcement of Support Orders Act. 2. Proceedings for the interpretation, enforcement or variation of a marriage contract, cohabitation agreement, separation agreement or paternity agreement. 3. Proceedings for relief by way of constructive or resulting trust or a monetary award as compensation for unjust enrichment between persons who have cohabited. 4. Proceedings for the enforcement of a support order. O. Reg. 483/94, s. 1 (1); O. Reg. 626/98, s. 1; O. Reg. 543/99, s. 1 (1). (1.1) Revoked: O. Reg. 483/94, s. 1 (1). Ordinary rules of court (2) The Rules of Civil Procedure or the Family Law Rules, as the case may be, also apply to proceedings to which these rules apply, but these rules prevail in the event of conflict. O. Reg. 704/91, r. 1.01 (2); O. Reg. 543/99, s. 1 (2). Time (3) A time prescribed under these rules, the Rules of Civil Procedure or the Family Law Rules may be extended only by order of the case management judge. O. Reg. 704/91, r. 1.01 (3); O. Reg. 543/99, s. 1 (3). (4) Revoked: O. Reg. 483/94, s. 1 (2). Format of documents (5) The forms prescribed in these rules and notices and orders referred to in these rules may be single spaced, may bear the short title of the proceeding and need not have a backsheet. O. Reg. 704/91, r. 1.01 (5). Registrar’s notices (6) Notices sent by the registrar under these rules may be printed on coloured paper. O. Reg. 704/91, r. 1.01 ( 6). PURPOSE
1.02 The purpose of these rules is to establish a case management system that reduces unnecessary cost and delay in family litigation, facilitates early and fair settlements and brings proceedings expeditiously to a just determination while allowing sufficient time for the conduct of the proceeding. O. Reg. 704/91, r. 1.02. DEFINITIONS
1.03 In these rules, “applicant” includes a petitioner, a plaintiff, a respondent who makes a claim and a defendant who makes a counterclaim, crossclaim or third or subsequent party claim; (“requérant”) “case management judge” means the judge assigned to manage a proceeding under subrule 2.02 (1) or 3.01 (2) or clause 3.01 (6) (c); (“juge responsable de la gestion de la cause”) “defence” includes an answer; (“défense”) “originating document” means a notice of application in the Superior Court of Justice, an application in the Ontario Court of Justice, a petition, statement of claim, notice of action, counterclaim, claim by respondent, counterpetition, crossclaim or third or subsequent party claim; (“document introductif”) “registrar” means a registrar or clerk of the court; (“greffier”) “respondent” includes a defendant; (“intimé”) “rules of court” means the Rules of Civil Procedure or the Family Law Rules, as the case may be. (“règles de pratique”) O. Reg. 704/91, r. 1.03; O. Reg. 483/94, s. 1 (3); O. Reg. 543/99, s. 2. MATTERS NOT PROVIDED FOR
1.04 If matters are not provided for in these rules, the practice shall be determined by analogy to them. O. Reg. 704/91, r. 1.04. RULE 2 — GENERAL PROCEDURE COMMENCEMENT OF PROCEEDING — SUPERIOR COURT OF JUSTICE Case information statement — Superior Court of Justice
2.01 (1) In the Superior Court of Justice, on filing an originating document, the application shall file in duplicate a case information statement (Form 1). O. Reg. 483/94, s. 2 (1); O. Reg. 543/99, s. 3 (3). Statement mandatory (2) The registrar shall not accept an originating document without the case information statement. O. Reg. 483/94, s. 2 (1). ASSIGNMENT OF PROCEEDINGS TO CASE MANAGEMENT Registrar’s duty
2.02 (1) The registrar shall assign all proceedings to case management. O. Reg. 483/94, s. 2 (2). Warning (2) When an originating document is issued or filed, the registrar shall attach to it a warning that the proceeding will be subject to case management by the court, and shall give the applicant a copy of the warning for service on each respondent. O. Reg. 483/94, s. 2 (2). TIMETABLE Prepared by registrar
2.03 (1) On the commencement of a proceeding, the registrar shall give the applicant a timetable that sets maximum times for the proceeding in accordance with Schedule A. O. Reg. 483/94, s. 2 (3). Given to client (2) The applicant’s solicitor shall give a copy of the timetable forthwith to his or her client. O. Reg. 704/91, r. 2.03 (2). Service (3) The case information statement, the timetable, the warning and the originating document shall be served together. O. Reg. 704/91, r. 2.03 (3). FAILURE TO COMPLY WITH TIMETABLE — ONTARIO COURT OF JUSTICE Powers of case management judge
2.04 (1) In the Ontario Court of Justice, where a party fails to comply with a timetable, the case management judge may, (a) convene a case conference; (b) amend the timetable and order the party to comply with the amended timetable; (c) strike out any document filed by the party; (d) dismiss the party’s proceeding or strike out the party’s defence; (e) order the party or his or her solicitor to pay costs, including solicitor and client costs fixed and payable forthwith; and (f) make any other order that is just. O. Reg. 704/91, r. 2.04 (1); O. Reg. 483/94, s. 2 (5); O. Reg. 543/99, s. 4 (2). Late filings generally not accepted (2) In the Ontario Court of Justice, the registrar shall not accept a document for filing after the expiry of a time prescribed under these rules, except by direction of the case management judge. O. Reg. 543/99, s. 4 (3). Late filing of proof of service (3) Despite subrule (2), proof of service of an originating documentmay be filed at any time, except that where the time for filing proof of service has been extended by order, proof of service may be filed after the time prescribed in the order only by direction of the case management judge. O. Reg. 704/91, r. 2.04 (3); O. Reg. 483/94, s. 2 (7). FAILURE TO COMPLY WITH TIMETABLE — SUPERIOR COURT OF JUSTICE Powers of registrar
2.05 (1) In the Superior Court of Justice, where a party fails to comply with a timetable, the registrar shall serve a notice on the parties that the proceeding will be dismissed without further notice unless, within 30 days after service of the notice, a party, (a) sets the proceeding down for trial; (b) files minutes of settlement; or (c) requests a case conference. O. Reg. 483/94, s. 2 (8); O. Reg. 543/99, s. 5 (2). Dismissal after 30 days (2) If no party takes a step referred to in clause (1) (a), (b) or (c) within 30 days after service of the notice, the registrar shall dismiss the proceeding with costs. O. Reg. 483/94, s. 2 (8). Registrar to serve dismissal order (3) The registrar shall serve the order on the parties by mail, and the solicitor for a party shall immediately give a copy of the order to his or her client and file proof that this has been done. O. Reg. 483/94, s. 2 (8).
2.06 Revoked: O. Reg. 483/94, s. 2 (8).
2.07 Revoked: O. Reg. 483/94, s. 2 (8). DEFENCE OF PROCEEDING — SUPERIOR COURT OF JUSTICE Case information statement with defence
2.08 (1) In the Superior Court of Justice, the respondent shall serve and file a case information statement (Form 1) with any defence. O. Reg. 483/94, s. 2 (9); O. Reg. 543/99, s. 6 (2). Refusal to accept defence (2) The registrar shall not accept a defence without the case information statement. O. Reg. 483/94, s. 2 (9). CONSOLIDATION OR HEARING TOGETHER OR RELATED PROCEEDINGS Consolidation
2.09 (1) Where the court orders, under the rules of court, that a proceeding to which these rules apply be consolidated with a proceeding to which they would not otherwise apply, these rules apply to the consolidated proceeding. O. Reg. 483/94, s. 2 (9). Hearing together (2) Where the court orders under the rules of court, that a proceeding to which these rules apply be heard at the same time as or immediately before or after a proceeding to which they would not otherwise apply, the case management judge may order that these rules apply to the other proceeding. O. Reg. 483/94, s. 2 (9). Service of case management documents (3) Where a proceeding becomes subject to these rules under subrule (1) or (2), the applicant in the proceeding originally subject to these rules shall forthwith serve the case information statements, timetable and warning on every party to the other proceeding who is not also a party to the proceeding originally subject to these rules. O. Reg. 483/94, s. 2 (9). RULE 3 — CASE MANAGEMENT JUDGE AND CASE CONFERENCE CASE MANAGEMENT JUDGE Assignment — Ontario Court of Justice
4.01 (0.1) This rule applies only to actions in the Superior Court of Justice. O. Reg. 543/99, s. 9 (2). Action on trial list (1) Counsel shall, within 30 days after an action is placed on the trial list, make arrangements with the registrar for a pre-trial conference, failing which the registrar shall set a date and the conference shall take place on that date unless the case management judge orders otherwise. O. Reg. 483/94, s. 4 (2); O. Reg. 543/99, s. 9 (4). Case memorandum (2) The applicant, or any other party by direction of the case management judge or by agreement of the parties, shall serve and file with proof of service a case memorandum and a record for the hearing (containing all pleadings, financial statements and net family property statements and all other material the party considers necessary for the pre-trial or settlement conference), not later than 10 days before the conference. O. Reg. 483/94, s. 4 (2); O. Reg. 543/99, s. 9 (5). Other parties to deliver memoranda (2.1) Every other party shall serve and file with proof of service a case memorandum containing any other material the party considers necessary for the pre-trial or settlement conference, not later than five days before the conference. O. Reg. 483/94, s. 4 (2). Expert reports (3) A party’s case memorandum shall also contain a copy of all expert reports intended for use at the hearing and, in the case of an expert who has not yet provided a report, a summary of the evidence that the expert is expected to give at the hearing. O. Reg. 704/91, r. 4.01 (3); O. Reg. 483/94, s. 4 (3). Expert reports not disclosed (4) An expert report that was not served or in respect of which a summary of evidence was not provided at the pre-trial or settlement conference may be introduced at the hearing only with permission of the presiding judge, on any terms he or she considers appropriate, and the judge shall give permission to introduce the report unless prejudice will result that cannot be compensated for by costs or an adjournment. O. Reg. 704/91, r. 4.01 (4); O. Reg. 483/94, s. 4 (4). Confirmation of conference (4.1) The parties shall confirm with the registrar that the pre-trial conference will take place, by jointly filing a confirmation (Form 3) not later than 2 p.m. two days before the scheduled date, failing which the registrar shall cancel the conference. O. Reg. 483/94, s. 4 (5); O. Reg. 543/99, s. 9 (7). (5) Revoked: O. Reg. 483/94, s. 4 (6). PREPARATION FOR HEARING Completion before pre-trial or settlement conference
4.02 (1) All forms of discovery and disclosure before a hearing required or permitted by the rules of court shall be completed before the pre-trial or settlement conference, and a party may not require further discovery or disclosure without an order. O. Reg. 483/94, s. 4 (7). No motions after pre-trial or settlement conference (2) No motion may be made after a pre-trial or settlement conference, except with the permission of the case management judge. O. Reg. 483/94, s. 4 (8). (3) Revoked: O. Reg. 483/94, s. 4 (8). (4) Revoked: O. Reg. 483/94, s. 4 (8). (5) Revoked: O. Reg. 483/94, s. 4 (8). RULE 5 — FAMILY CASE MANAGEMENT ADVISORY COMMITTEE FAMILY CASE MANAGEMENT ADVISORY COMMITTEE Establishment
5.01 (1) There shall be a Family Case Management Advisory Committee to monitor the operation of these rules and to recommend to the appropriate authorities, including the Family Rules Committee, changes in policies and procedures necessary to facilitate case management. O. Reg. 704/91, r. 5.01 (1). Composition (2) The committee shall consist of, (a) two judges of the Superior Court of Justice, chosen by the court’s regional senior judge for the Toronto region; (b) two judges of the Ontario Court of Justice, chosen by the court’s regional senior judge for the Toronto region; (c) two persons chosen by the Advocates’ Society; (d) two persons chosen by the Canadian Bar Association — Ontario; (e) two persons chosen by the County of York Law Association; and (f) two persons employed in the administration of the courts, chosen by the Regional Director of Courts Administration for the Toronto region. O. Reg. 704/91, r. 5.01 (2); O. Reg. 543/99, s. 10. RULE 6 — CITATION SHORT TITLE