SCOPE 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 …
Read MoreChoosing a Lawyer One of the most important decisions you will make when you are getting a divorce is determining who your lawyer will be. This is not an easy decision and not one which should be taken lightly. Some things you may want to think about are discussed below. What kind of lawyer do …
Read MoreMeeting with a lawyer Your first meeting with a Toronto divorce lawyer is critical. There are a few things you should think of and gather up before your first meeting. This will save time (and money) and allow your lawyer to give you a better understanding of your circumstances. 1. Think about what you have …
Read MoreSeparation Agreement Anxiety Separation is the most complex aspect of getting a divorce. You may not know the difference between the two concepts but separation and divorce are two separate events with different requirements and steps. In order to legally end your marriage in Ontario, you require both – a separation and a divorce. The …
Read MoreMediation is very common and is used increasingly in family law; however, it is often misunderstood. Mediation allows you and your spouse to reach a mutually satisfactory settlement with the help of a neutral, third-party called a mediator. Mediators can be lawyers, mental health professionals, clergy, or other professionals trained in alternative dispute resolution techniques. …
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