How do criminal and family lawyers work together? While information sharing between family and criminal lawyers is crucial, a “one judge” approach could be problematic, says Toronto family lawyer Jennifer Samara Shuber. A recent Toronto Star report examined how a lack of information sharing between the family and criminal court systems is “putting domestic violence victims at risk, …
Read MoreFamily Law Rules and the costs associated: As of July 1, 2004, all family proceedings in Ontario are governed by the Family Law Rules. These costs rules differ in many respects from the Rules of Civil Procedure that previously governed family law proceedings and, hence, distinguish family law from civil cases generally. Increasingly, under the …
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 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 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 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 MoreNavigating the courts in Ontario can be a complex process. This guide offers some insight into divorce procedures in Ontario. With the possible exception of the court papers required to obtain an absolute divorce, the procedure for drafting, filing and serving most other litigation documents is extremely complex and fraught with legal peril to be …
Read MoreWhat’s the difference between a Family Law Case and other settlements? An oft-quoted statistic claims that 95% of family law cases settle. If that is true, it is lawyers and clients who are resolving matters between themselves and not resorting to judicial determinations. What implications does this have for the practice and, more specifically, the …
Read More
