CITATION

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 of Justice,

(a) under,
(i) the Change of Name Act,
(ii) Parts III, VI and VII of the Child and Family Services Act,
(iii) the Children’s Law Reform Act, except sections 59 and 60,
(iv) the Divorce Act (Canada),
(v) the Family Law Act, except Part V,
(vi) the Family Responsibility and Support Arrears Enforcement Act, 1996,
(vii) sections 6 and 9 of the Marriage Act, and
(viii) the Interjurisdictional Support Orders Act, 2002;

(b) for the interpretation, enforcement or variation of a marriage contract, cohabitation agreement, separation agreement or paternity agreement;

(c) for a constructive or resulting trust or a monetary award as compensation for unjust enrichment between persons who have cohabited; and

(d) for annulment of a marriage or a declaration of validity or invalidity of a marriage. O. Reg. 441/99, s. 1 (2); O. Reg. 56/03, s. 1; O. Reg. 89/04, s. 1 (1).

(2.1) Revoked: O. Reg. 89/04, s. 1 (2).

CASE MANAGEMENT IN FAMILY COURT OF SUPERIOR COURT OF JUSTICE

(3) Despite subrule (2), rule 39 (case management in the Family Court of the Superior Court of Justice) applies only to cases in the Family Court of the Superior Court of Justice, which has jurisdiction in the following municipalities:

Regional Municipality of Durham
County of Frontenac
County of Haliburton
City of Hamilton
County of Lanark
United Counties of Leeds and Grenville
County of Lennox and Addington
County of Middlesex
Territorial District of Muskoka
The part of The Regional Municipality of Niagara that was the County of Lincoln as it existed on December 31, 1969
County of Northumberland
City of Ottawa
County of Peterborough
United Counties of Prescott and Russell
County of Simcoe
United Counties of Stormont, Dundas and Glengarry
City of Kawartha Lakes
Regional Municipality of York.
O. Reg. 441/99, s. 1 (2); O. Reg. 202/01, s. 1.

CASE MANAGEMENT IN ONTARIO COURT OF JUSTICE

(4) Despite subrule (2), rule 40 (case management in the Ontario Court of Justice) applies only to cases in the Ontario Court of Justice. O. Reg. 114/99, r. 1 (4).

CASE MANAGEMENT IN THE SUPERIOR COURT OF JUSTICE

(4.1) Despite subrule (2), rule 41 (case management in the Superior Court of Justice, other than the Family Court of the Superior Court of Justice) applies only to cases in the Superior Court of Justice that are not in the Family Court of the Superior Court of Justice. O. Reg. 89/04, s. 1 (3).

FAMILY LAW CASE COMBINED WITH OTHER MATTER

(5) If a case in the court combines a family law case to which these rules apply with another matter to which these rules would not otherwise apply, the parties may agree or the court on motion may order that these rules apply to the combined case or part of it. O. Reg. 114/99, r. 1 (5).

CONDITIONS AND DIRECTIONS

(6) When making an order, the court may impose conditions and give directions as appropriate. O. Reg. 114/99, r. 1 (6).

MATTERS NOT COVERED IN RULES

(7) If these rules do not cover a matter adequately, the court may give directions, and the practice shall be decided by analogy to these rules, by reference to the Courts of Justice Act and the Act governing the case and, if the court considers it appropriate, by reference to the Rules of Civil Procedure. O. Reg. 114/99, r. 1 (7).

FAILURE TO FOLLOW RULES OR OBEY ORDER

(8) The court may deal with a failure to follow these rules, or a failure to obey an order in the case or a related case, by making any order that it considers necessary for a just determination of the matter, on any conditions that the court considers appropriate, including,

(a) an order for costs;

(b) an order dismissing a claim made by a party who has wilfully failed to follow the rules or obey the order. O. Reg. 114/99, r. 1 (8).

REFERENCE TO FORMS

(9) In these rules, when a form is referred to by number, the reference is to the form with that number that is described in the Table of Forms at the end of these rules and is available on the Internet through www.ontariocourtforms.on.ca. O. Reg. 76/06, s. 1 (1).

USE OF FORMS

(9.1) The forms authorized by these rules and set out in the Table of Forms shall be used where applicable and may be adjusted as needed to fit the situation. O. Reg. 76/06, s. 1 (1).

FORMAT OF WRITTEN DOCUMENTS

(10) Every written document in a case,

(a) shall be legibly typed or printed;

(b) shall be on white paper, or on white or nearly white paper with recycled paper content; and

(c) may appear on one or both sides of the page. O. Reg. 114/99, r. 1 (10).

PRACTICE DIRECTIONS

(11) In subrules (12), (12.1) and (12.2),
“practice direction” means a direction, notice, memorandum or guide for the purpose of governing, subject to these rules, the conduct of cases in any area. O. Reg. 561/07, s. 1.

REQUIREMENTS FOR PRACTICE DIRECTION

(12) A practice direction shall be approved in advance by the Chief Justice or Chief Judge of the court, filed with the secretary of the Family Rules Committee and posted on the Ontario Courts website, and notice of the practice direction shall be published in the Ontario Reports. O. Reg. 561/07, s. 1.

EFFECTIVE DATE OF PRACTICE DIRECTION

(12.1) A practice direction does not come into effect before it is filed and posted and notice of it is published as described in subrule (12). O. Reg. 561/07, s. 1.

OLD PRACTICE DIRECTIONS

(12.2) Practice directions that were issued before these rules take effect no longer apply. O. Reg. 561/07, s. 1.

TRANSITIONAL PROVISION

(13) If a case was started in the Superior Court of Justice, other than in the Family Court of the Superior Court of Justice, before July 1, 2004, the following applies:

1. The case or a step in the case shall be carried on under these rules on or after July 1, 2004.

2. If the case was not governed by the Family Case Management Rules for the Superior Court of Justice in Toronto or by the Essex Family Case Management Rules before July 1, 2004 and a step in the case is taken on or after that date, the timetable set out in subrule 41 (5) and subrules 41 (6), (7) and (8) apply as if the case started on the date on which the step was taken.

3. If the case was governed by the Family Case Management Rules for the Superior Court of Justice in Toronto before July 1, 2004, the timetable established for the case when it was started applies to the case on or after July 1, 2004.

4. If the case was governed by the Essex Family Case Management Rules before July 1, 2004 and a family consent timetable was made by the court before that date, the family consent timetable continues to apply to the case on or after July 1, 2004.

5. If the case was governed by the Essex Family Case Management Rules before July 1, 2004 but no family consent timetable was made by the court before that date,
i. the case management order expires on July 1, 2004, and
ii. if a step in the case is taken on or after July 1, 2004, the timetable set out in subrule 41 (5) and subrules 41 (6), (7) and (8) apply to the case as if the case started on the date on which the step was taken. O. Reg. 89/04, s. 1 (4).

(14) Revoked: O. Reg. 76/06, s. 1 (2).