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ontario regulation 6/10
made under the
Courts of Justice Act
Made: November 23, 2009
Approved: January 13, 2010
Filed: January 14, 2010
Published on e-Laws: January 15, 2010
Printed in The Ontario Gazette: January 30, 2010
Amending O. Reg. 114/99
(Family Law Rules)
1. Rule 6 of Ontario Regulation 114/99 is amended by adding the following subrules:
Age Restriction
(1.1) No person shall serve a document under these rules unless he or she is at least 18 years of age.
. . . . .
Special Service ― Restriction on Who may Serve
(4.1) Subject to subrule (4.2), special service of the following documents shall be carried out by a person other than the party required to serve the document:
1. An application (Form 8, 8A, 8B, 8B.1, 8B.2, 8C, 8D, 8D.1, 34L or 34N).
2. A motion to change (Form 15) and change information form (Form 15A) or affidavit permitted under subrule 15 (22), with required attachments.
3. A document listed in subrule (4).
Exceptions
(4.2) Subrule (4.1) does not apply if,
(a) the party required to serve the document or the person being served is a person referred to in clause 8 (6) (c) (officials, agencies, etc.); or
(b) the court orders otherwise.
2. Rule 8 of the Regulation is amended by adding the following subrule:
Claim for custody or access
(3.1) An application containing a claim for custody of or access to a child shall be accompanied by the applicable documents referred to in Rule 35.1.
3. Rule 10 of the Regulation is amended by adding the following subrule:
Claim for custody or access
(4.1) An answer that includes a claim for custody of or access to a child shall be accompanied by the applicable documents referred to in Rule 35.1.
4. Rule 11 of the Regulation is amended by adding the following subrule:
Claim for custody or access
(3.1) If an application or answer is amended to include a claim for custody of or access to a child that was not in the original application or answer, the amended application or amended answer shall be accompanied by the applicable documents referred to in Rule 35.1.
5. Subrule 13 (7) of the Regulation is amended by adding “or” at the end of clause (a) and by striking out clause (b).
6. (1) Rule 15 of the Regulation is amended by adding the following subrule:
Claim for custody or access
(5.1) If the motion includes a claim for custody of or access to a child, the documents referred to in subrule (5) shall be accompanied by the applicable documents referred to in Rule 35.1.
(2) Subrule 15 (7) of the Regulation is amended by striking out “(5) and (6)” and substituting “(5), (5.1) and (6)”.
7. (1) Subrule 17 (4) of the Regulation is amended by adding the following clause:
(d.1) identifying any issues relating to any expert evidence or reports on which the parties intend to rely at trial;
(2) Clause 17 (4) (g) of the Regulation is revoked and the following substituted:
(g) setting a specific timetable for the steps to be taken in the case before it comes to trial;
(3) Subrule 17 (5) of the Regulation is amended by adding the following clause:
(c.1) settling or narrowing any issues relating to any expert evidence or reports on which the parties intend to rely at trial;
(4) Subrule 17 (6) of the Regulation is amended by adding the following clause:
(c.1) exploring the use of expert evidence or reports at trial, including the timing requirements for service and filing of experts’ reports;
(5) Subrule 17 (8) of the Regulation is amended by adding the following clause:
(a.0.1) make an order respecting the use of expert witness evidence at trial or the service and filing of experts’ reports;
8. (1) Subrule 23 (1) of the Regulation is amended by adding the following paragraph:
3.1 If the trial involves a claim for custody of or access to a child, the applicable documents referred to in Rule 35.1.
(2) Paragraph 8 of subrule 23 (1) of the Regulation is revoked.
(3) Subrule 23 (22) of the Regulation is amended by striking out “Form 14A or Form 23C” and substituting “Form 14A or Form 23C and, if applicable, Form 35.1”.
(4) Subrules 23 (23) and (24) of the Regulation are revoked and the following substituted:
Expert Witness Reports
(23) A party who wants to call an expert witness at trial shall serve on all other parties a report signed by the expert and containing the information listed in subrule (25),
(a) at least 90 days before the start of the trial; or
(b) in the case of a child protection case, at least 30 days before the start of the trial.
Same, Response
(24) A party who wants to call an expert witness at trial to respond to the expert witness of another party shall serve on all other parties a report signed by the expert and containing the information listed in subrule (25),
(a) at least 60 days before the start of the trial; or
(b) in the case of a child protection case, at least 14 days before the start of the trial.
Same, Contents
(25) A report provided for the purposes of subrule (1) or (2) shall contain the following information:
1. The expert’s name, address and area of expertise.
2. The expert’s qualifications and employment and educational experiences in his or her area of expertise.
3. The substance of the expert’s proposed evidence.
Supplementary Report
(26) Any supplementary expert witness report shall be signed by the expert and served on all other parties,
(a) at least 30 days before the start of the trial; or
(b) in the case of a child protection case, at least 14 days before the start of the trial.
FAILURE TO SERVE EXPERT WITNESS REPORT
(27) A party who has not followed a requirement under subrule (23), (24) or (26) to serve and file an expert witness report, may not call the expert witness unless the trial judge allows otherwise.
9. The Regulation is amended by adding the following Rule:
Rule 35.1: Custody and Access
Definition
35.1 (1) In this rule,
“parent” means,
(a) a biological parent of a child,
(b) an adoptive parent of a child,
(c) an individual declared under Part II of the Children’s Law Reform Act to be a parent of a child, and
(d) an individual presumed under section 8 of the Children’s Law Reform Act to be the father of a child.
Affidavit in support of custody or Access claim
(2) If an application, answer or motion to change a final order contains a claim for custody of or access to a child, the party making the claim shall serve and file an affidavit in support of claim for custody or access (Form 35.1), together with any other documents required by this rule, with the document that contains the claim.
Police Records Check
(3) Every person who makes a claim for custody of a child and who is not a parent of the child shall attach to the affidavit in support of claim for custody or access,
(a) a police records check obtained not more than 60 days before the person starts the claim; or
(b) if the person requested the police records check for the purposes of the claim but has not received it by the time he or she starts the claim, proof of the request.
Same
(4) If clause (3) (b) applies, the person shall serve and file the police records check no later than 10 days after receiving it.
Request for Report from Children’s Aid Society
(5) Every person required to submit a request under subsection 21.2 (2) of the Children’s Law Reform Act for a report from a children’s aid society shall provide to the court a copy of the request together with the affidavit in support of claim for custody or access.
Documents shall be refused
(6) If these rules require a document to be accompanied by the applicable documents referred to in this rule, the clerk shall not accept the document for filing without,
(a) an affidavit in support of claim for custody or access; and
(b) the documents referred to in subrules (3) and (5), if applicable.
Corrections and Updates
(7) As soon as a person discovers that information in his or her affidavit in support of claim for custody or access is incorrect or incomplete, or that there has been a change in the information provided in the affidavit, he or she shall immediately serve and file,
(a) a new affidavit in support of claim for custody or access (Form 35.1) containing the correct or updated information; or
(b) if the correction or change is minor, an affidavit in Form 14A describing the correction or change and indicating any effect it has on the person’s plan for the care and upbringing of the child.
Associated Cases
(8) If the clerk provides to a person making a claim for custody of a child information in writing under subsection 21.3 (1) of the Children’s Law Reform Act
respecting any current or previous family proceedings involving the child or any person who is a party to the claim and who is not a parent of the child, the person shall serve a copy of the written information on every other party.
Same
(9) If the written information provided by the clerk contains information indicating that the person making the claim was or is involved in family proceedings in which he or she was or is not involved, the person making the claim may serve with the copy of the written information an affidavit identifying those proceedings.
10. (1) The Table of Forms to the Regulation is amended by striking out,
6B
Affidavit of service
September 1, 2005
. . . . .
8C
Application (secure treatment)
September 1, 2005
. . . . .
13
Financial statement (support claims)
September 1, 2005
13.1
Financial statement (property and support claims)
May 15, 2009
. . . . .
17A
Case conference brief — General
September 1, 2005
17B
Case conference brief for protection application or status review
September 1, 2005
17C
Settlement conference brief — General
September 1, 2005
17D
Settlement conference brief for protection application or status review
September 1, 2005
17E
Trial management conference brief
June 15, 2007
and substituting:
6B
Affidavit of service
November 15, 2009
. . . . .
8C
Application (secure treatment)
November 15, 2009
. . . . .
13
Financial statement (support claims)
November 15, 2009
13.1
Financial statement (property and support claims)
November 15, 2009
. . . . .
17A
Case conference brief — General
November 15, 2009
17B
Case conference brief for protection application or status review
November 15, 2009
17C
Settlement conference brief — General
November 15, 2009
17D
Settlement conference brief for protection application or status review
November 15, 2009
17E
Trial management conference brief
November 15, 2009
(2) The Table of Forms to the Regulation is amended by striking out the following:
13A
Direction to Canada Revenue Agency
September 1, 2005
(3) The Table of Forms to the Regulation is amended by adding the following:
35.1
Affidavit in support of claim for custody or access
November 15, 2009
11. This Regulation comes into force on the latest of,
(a) the day section 6 of the Family Statute Law Amendment Act, 2009 comes into force;
(b) the day section 7 of the Family Statute Law Amendment Act, 2009 comes into force;
(c) the day section 8 of the Family Statute Law Amendment Act, 2009 comes into force;
(d) the day section 9 of the Family Statute Law Amendment Act, 2009 comes into force; and
(e) the day this Regulation is filed.
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