An Ontario court recently considered the interesting question of when it might be appropriate to order a sealing order and publication ban in a family law proceeding. The Parties’ Story The parties, who were separated, had one child. The father had brought a motion to change a final order that was made in 2015 and …
Read MoreThe Basics of a Paternity Agreement A “Paternity Agreement” is a type of Domestic Contract. A Paternity Agreement will typically arise in a situation where parties: have a child or children together; are not married; and are ending the relationship. The Family Law Act of Ontario (FLA) defines a Paternity Agreement as follows: Definitions 1. (1) In this …
Read MoreWhether it sneaks up on you every single time or you have it diarized years in advance, passport renewal time is never really something we look forward to. And when you are separated or divorced, the process can be even more burdensome. Passport Canada has very precise rules about children’s passport applications. The parent making …
Read MoreSCOPE 42. (1) This rule applies to cases in the Family Court of the Superior Court of Justice in the City of Ottawa if the cases relate to matters under the following Acts: 1. The Child and Family Services Act, subject to subrule (6). 2. The Children’s Law Reform Act. 3. The Divorce Act (Canada). …
Read MoreCASE MANAGEMENT IN CERTAIN AREAS ONLY 40. (1) This rule applies only to cases in the Ontario Court of Justice. O. Reg. 114/99, r. 40 (1). EXCLUDED CASES (2) This rule does not apply to, (a) enforcements; (b) cases under rule 37 or 37.1; or (c) cases under the Child and Family Services Act. O. …
Read MoreRULES THAT APPLY IN APPEALS TO DIVISIONAL COURT AND COURT OF APPEAL 38. (1) Rules 61, 62 and 63 of the Rules of Civil Procedure apply with necessary modifications, including those modifications set out in subrules (2) and (3), (a) if an appeal lies to the Divisional Court or the Court of Appeal; (b) if …
Read MoreTRIAL RECORD 23. (1) At least 30 days before the start of the trial, the applicant shall serve and file a trial record containing a table of contents and the following documents: 1. The application, answer and reply, if any. 2. Any agreed statement of facts. 3. If relevant to an issue at trial, financial …
Read MoreMEANING OF ADMISSION THAT DOCUMENT GENUINE 22. (1) An admission that a document is genuine is an admission, (a) if the document is said to be an original, that it was written, signed or sealed as it appears to have been; (b) if it is said to be a copy, that it is a complete …
Read MoreCITATION 1. (1) These rules may be cited as the Family Law Rules. O. Reg. 439/07, s. 1. CASES AND COURTS TO WHICH RULES APPLY (2) These rules apply to all family law cases in the Family Court of the Superior Court of Justice, in the Superior Court of Justice and in the Ontario Court …
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