jswizzle3737/ontario_laws_and_regs huggingface dataset:
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.
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.
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.
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.