O. Reg. 69/15: FAMILY LAW RULES

Link to law: http://www.ontario.ca/laws/regulation/r15069
Published: 2015-04-02

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ontario regulation 69/15

made under the

Courts of Justice Act

Made: March 3, 2015
Approved: April 1, 2015
Filed: April 2, 2015
Published on e-Laws: April 2, 2015
Printed in The Ontario Gazette: April 18, 2015


Amending O. Reg. 114/99

(FAMILY LAW RULES)

1. (1) Rule 1 of Ontario Regulation 114/99 is amended by adding the following subrules:

Certain Orders That may be made at any time

(7.1) For greater certainty, a court may make an order under subrule (7.2), (8), (8.1) or (8.2) at any time during a case, and the power to make such an order,

(a) is in addition to any other power to make an order that these rules may specify in the circumstances; and

(b) exists unless these rules expressly provide otherwise.

Procedural Orders

(7.2) For the purposes of promoting the primary objective of these rules as required under subrules 2 (4) and, particularly, (5), the court may make orders giving such directions or imposing such conditions respecting procedural matters as are just, including an order,

(a) that a party give to another party an affidavit listing documents that are relevant to the issues in a case and that are in the party’s control or available to the party on request, or that a party make any other disclosure, within a specified time;

(b) limiting the number of affidavits that a party may file, or limiting the length of affidavits that a party may file (excluding any exhibits);

(c) that any motions be brought within a specified time;

(d) that a statement setting out what material facts are not in dispute be filed within a specified time (in which case the facts are deemed to be established unless a judge orders otherwise);

(e) that questioning be conducted in accordance with a plan established by the court, be subject to a time limit or be limited with respect to scope;

(f) limiting the number of witnesses;

(g) that all or part of an affidavit or any other evidence filed at any stage in a case, and any cross-examinations on it, may be used at a hearing;

(h) that a party serve and file, within a specified time, a written summary of the anticipated evidence of a witness;

(i) that a witness give all or part of his or her evidence by affidavit or another method not requiring the witness to attend in person;

(j) that oral evidence be presented, or that any oral evidence be subject to a time limit;

(k) that any expert witnesses for the parties meet to discuss the issues, and prepare a joint statement setting out the issues on which they agree and the issues that are in dispute;

(l) that a party serve and file a summary of argument;

(m) that a party provide to the court a draft order (Form 25, 25A, 25B, 25C or 25D) setting out the relief that he or she is seeking;

(n) identifying the issues to be decided at a particular hearing;

(o) that the parties appear before the court by a specified date;

(p) that a case be scheduled for trial or that a trial management conference be conducted; and

(q) that a trial be limited to a specified number of days and apportioning those days between the parties.

Effect of Order at Trial

(7.3) An order made under clause (7.2) (i) does not apply to the giving of evidence on cross-examination unless the order states so expressly.

(7.4) An order made under subrule (7.2) respecting how a trial is to proceed applies unless the trial judge orders otherwise.

(2) Subrule 1 (8.3) of the Regulation is revoked.

(3) Rule 1 of the Regulation is amended by adding the following subrule:

Requirements for completing forms

(9.2) A party who is required by these rules to provide a form shall, subject to subrule (9.1),

(a) follow the instructions set out in the form;

(b) fully complete all portions of the form; and

(c) attach to the form any documents that the form requires.

(4) Subrule 1 (13) of the Regulation is revoked.

2. Subrule 2 (1) of the Regulation is amended by adding the following definition:

“child support guidelines” means Ontario Regulation 391/97 (Child Support Guidelines) made under the Family Law Act, or the Federal Child Support Guidelines, as the case may be; (“lignes directrices sur les aliments pour les enfants”)

3. (1) The heading to Rule 13 of the Regulation is revoked and the following substituted:

Rule 13:  Financial Disclosure

(2) Rule 13 of the Regulation is amended by adding the following subrules:

Additional Required Financial Disclosure, support claim

(3.1) A party who is required under subrules (1) to (3) to serve and file a financial statement in relation to a claim for support shall, before the deadline set out in subrule (3.2), serve with the financial statement the following information, unless the court orders otherwise:

1. The income and financial information referred to in subsection 21 (1) of the child support guidelines.

2. If the party became unemployed within the last three years,

i. a complete copy of the party’s Record of Employment, or other evidence of termination, and

ii. a statement of any benefits or income that the party is still entitled to receive from his or her former employer despite or as a result of the termination.

3. In the case of a claim for the support of a child, proof of the amount of any special or extraordinary expenses, within the meaning of section 7 of the child support guidelines.

Timing of Requirement

(3.2) The party shall serve the information referred to in subrule (3.1),

(a) with the financial statement, if the application, answer or motion contains a claim for support but does not contain a property claim; or

(b) with the documents required to be served under subrule (3.3) or (3.4), as the case may be, if the application, answer or motion contains a property claim.

Additional Required Financial Disclosure, Claim under Part I of the Family Law Act

(3.3) A party who is required under subrules (1) to (3) to serve and file a financial statement in relation to a claim under Part I of the Family Law Act

shall, no later than 30 days after the day by which the financial statement is required to be served, serve on the other party the following information, unless the court orders otherwise:

1. The statement issued closest to the valuation date for each bank account or other account in a financial institution, pension, registered retirement or other savings plan, and any other savings or investments in which the party had an interest on that date.

2. A copy of an application or request made by the party to obtain a valuation of his or her own pension benefits, deferred pension or pension, as the case may be, if any, as of the valuation date.

3. A copy of the Municipal Property Assessment Corporation’s assessment of any real property in Ontario in which the party had a right or interest on the valuation date, for the year in which that date occurred.

4. If the party owned a life insurance policy on the valuation date, the statement issued closest to that date showing the face amount and cash surrender value, if any, of the policy, and the named beneficiary.

5. If the party had an interest in a sole proprietorship or was self-employed on the valuation date, for each of the three years preceding that date,

i. the financial statements of the party’s business or professional practice, other than a partnership, and

ii. a copy of every personal income tax return filed by the party, including any materials that were filed with the return.

6. If the party was a partner in a partnership on the valuation date, a copy of the partnership agreement and, for each of the three years preceding the valuation date,

i. a copy of every personal income tax return filed by the party, including any materials that were filed with the return, and

ii. the financial statements of the partnership.

7. If the party had an interest in a corporation on the valuation date, documentation showing the number and types of shares of the corporation and any other interests in the corporation that were owned by the party on that date.

8. If the corporation in which a party had an interest was privately held, for each of the three years preceding the valuation date,

 

i. the financial statements for the corporation and its subsidiaries, and

ii. if the interest was a majority interest, a copy of every income tax return filed by the corporation.

9. If the party was a beneficiary under a trust on the valuation date, a copy of the trust settlement agreement and the trust’s financial statements for each of the three years preceding that date.

10. Documentation showing the value, on the valuation date, of any property not referred to in paragraphs 1 to 9 in which the party had an interest on that date.

11. Documentation that supports a claim, if any, for an exclusion under subsection 4 (2) of the Family Law Act.

12. The statements or invoices issued closest to the valuation date in relation to any mortgage, line of credit, credit card balance or other debt owed by the party on that date.

13. Any available documentation showing the value, on the date of marriage, of property that the party owned or in which he or she had an interest on that date, and the amount of any debts owed by the party on that date.

Additional Required Financial Disclosure, Other Property Claims

(3.4) A party who is required under subrules (1) to (3) to serve and file a financial statement in relation to a property claim other than a claim under Part I of the Family Law Act shall, no later than 30 days after the day by which the financial statement is required to be served, serve on the other party any information necessary to support the claim, unless the court orders otherwise.

(3) Subrule 13 (4) of the Regulation is amended by striking out “requirements” in the portion before paragraph 1 and substituting “rules respecting financial statements”.

(4) Subrule 13 (4.2) of the Regulation is amended by adding “respecting financial statements” after “the following rules” in the portion before paragraph 1.

(5) Subrule 13 (4.3) of the Regulation is amended by striking out “Subrule (4) or (4.2), as the case may be, applies” at the beginning and substituting “Subrules (4) and (4.1), or subrule (4.2), as the case may be, apply”.

(6) Rule 13 of the Regulation is amended by adding the following subrules:

Additional Required Financial Disclosure, Motion to change support

(5.0.1) A party who is required under subrules (4) to (4.3) to serve and file a financial statement shall serve with the financial statement the following information, unless the court orders otherwise:

1. The documents referred to in subrule (3.1).

2. A current statement of arrears from the Family Responsibility Office.

 

3. One of the following for each year for which the party is seeking to change or cancel arrears, as proof of the party’s income:

i. The party’s income tax return and,

A. the party’s notice of assessment and, if any, notice of reassessment, or

B. if a notice of assessment and a notice of reassessment are unavailable for the year, a copy of the Income and Deductions printout provided by the Canada Revenue Agency for the party.

ii. If the party is not required to and has chosen not to file an income tax return because of the Indian Act (Canada), some other proof of income.

Requirement to Certify financial disclosure

(5.0.2) A party who is required to serve documents under subrule (3.1), (3.3), (3.4) or (5.0.1) shall confirm service by,

(a) serving a certificate of financial disclosure (Form 13A) together with the documents; and

(b) filing the certificate no later than,

(i) seven days before a case conference, in the case of the applicant or the party making the motion, as the case may be, and

(ii) four days before the case conference, in the case of the other party.

(7) Subrule 13 (6) of the Regulation is revoked.

(8) Subrule 13 (7) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

Requirements for filing

(7) The clerk shall not accept the financial statement of a party making or responding to a claim for support unless the following are attached to the form:

. . . . .

(9) Subrules 13 (7.1) and (8) of the Regulation are revoked and the following substituted:

Documents that are not required to be filed

(7.1) The following documents are not required to be filed in the continuing record unless the court orders otherwise:

1. Income tax returns, except in the case of a filing under subrule (5.1).

2. Any other document referred to in subrule (3.1), (3.3), (3.4) or (5.0.1), unless these rules provide otherwise.


No Financial Disclosure by consent - spousal support in divorce

(8) Parties to a claim for spousal support under the Divorce Act (Canada) do not need to serve and file financial statements or provide additional financial disclosure under this rule if they file a consent,

(a) agreeing to not serve and file financial statements or provide additional financial disclosure under this rule; or

(b) agreeing to a specified amount of support, or to no support.

(10) Subrule 13 (11) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

Insufficient Financial Information

(11) If a party believes that the financial disclosure provided by another party under this rule, whether in a financial statement or otherwise, does not provide enough information for a full understanding of the other party’s financial circumstances,

. . . . .

(11) Rule 13 of the Regulation is amended by adding the following subrules:

Same

(11.1) For greater certainty, a motion form (Form 14B) may be used if making a motion for an order under subrule (3.1), (3.3), (3.4) or (5.0.1) or an order under clause (11) (b).

. . . . .

Updating Certificate of financial disclosure

(13.1) Before any settlement conference or trial management conference, a party who has served a corrected, updated or new version of a document referred to in subrule (3.1), (3.3), (3.4) or (5.0.1) in accordance with subrule (15), or additional documents in accordance with subrule (16), shall serve and file an updated certificate of financial disclosure (Form 13A), no later than,

(a) seven days before the conference, in the case of the party requesting the conference or, if the conference is not requested by a party, the applicant or the party making the motion, as the case may be; and

(b) four days before the conference, in the case of the other party.

(12) Clause 13 (14) (a) of the Regulation is amended by striking out “seven” and substituting “30”.

(13) Rule 13 of the Regulation is amended by adding the following subrules:

Comparison of Net Family Properties, Joint

(14.2) Parties who have served and filed net family property statements in accordance with subrule (14) shall file a joint comparison of net family property statements (Form 13C) no later than seven days before a settlement conference, subject to subrule (14.3).

Comparison of Net Family Properties, Separate

(14.3) If the parties fail to agree on a joint comparison of net family properties, each party shall serve and file his or her own comparison of net family property statements (Form 13C) no later than,

(a) seven days before a settlement conference, in the case of the party requesting the conference or, if the settlement conference is not requested by a party, the applicant or the party making the motion, as the case may be; and

(b) four days before the settlement conference, in the case of the other party.

(14) Subrules 13 (15) and (16) of the Regulation are revoked and the following substituted:

Duty to Correct, update documents

(15) As soon as a party discovers that a document that he or she has served under this rule is incorrect, incomplete or out of date, the party shall serve on the other party and, if applicable, file, a corrected, updated or new document, as the circumstances require.

Duty to address omissions in Financial Disclosure

(16) As soon as a party discovers that he or she failed to serve a document required to be served under subrule (3.1), (3.3), (3.4) or (5.0.1), the party shall serve the document on the other party.

Order, if document not provided

(17) If a party has not served or filed a document in accordance with the requirements of this rule or an Act or regulation, the court may on motion order the party to serve or file the document and, if the court makes that order, it shall also order the party to pay costs.

Other obligations continue to apply

(18) The duty to provide information under this rule does not affect any other duty set out in any other Act or regulation for the party to provide information to the other party in relation to a claim to which this rule applies.

4. (1) Paragraph 7 of subrule 15 (21) of the Regulation is amended by adding “subject to subrule (21.1)” at the end.

(2) Rule 15 of the Regulation is amended by adding the following subrule:

Financial Disclosure

(21.1) Subrule (21) does not require that any documents already served on the other party under subrule 13 (5.0.1) be served again, but any such documents are required to be filed.

5. (1) Rule 16 of the Regulation is amended by adding the following subrules:

Powers

(6.1) In determining whether there is a genuine issue requiring a trial, the court shall consider the evidence submitted by the parties, and the court may exercise any of the following powers for the purpose, unless it is in the interest of justice for such powers to be exercised only at a trial:

1. Weighing the evidence.

2. Evaluating the credibility of a deponent.

3. Drawing any reasonable inference from the evidence.

Oral Evidence (Mini-trial)

(6.2) The court may, for the purposes of exercising any of the powers set out in subrule (6.1), order that oral evidence be presented by one or more parties, with or without time limits on its presentation.

(2) Subrule 16 (9) of the Regulation is amended by striking out “the court may also” in the portion before clause (a) and substituting “the court may, in addition to exercising a power listed in subrule 1 (7.2)”.

(3) Clause 16 (9) (a) of the Regulation is amended by striking out “to prevent injustice”.

(4) Subrules 16 (10) and (11) of the Regulation are revoked.

6. (1) Clause 17 (8) (a.1) of the Regulation is revoked and the following substituted:

(a.1) make an order requiring the parties to file a trial management endorsement or trial scheduling endorsement in a form determined by the court;

(2) Subrule 17 (13.1) of the Regulation is amended by adding “or party making the motion” after “the applicant”.

(3) Subrule 17 (14.1) of the Regulation is amended by adding “that is required to be served or filed” after “or other document for use at the conference”.

(4) Rule 17 of the Regulation is amended by adding the following subrule:

Requirement to bring documents to settlement conference

(14.2) The following documents shall be brought to a settlement conference:

1. Any document that supports a party’s position in respect of a dispute regarding the value of property or regarding the amount of a debt, in the case of a property claim under Part I of the Family Law Act.



2. Any document required to be served under rule 13 (financial disclosure), if there is a dispute as to whether it was served.

7. (1) Subrule 19 (1.1) of the Regulation is revoked and the following substituted:

Exceptions

(1.1) Subrule (1) does not apply,

(a) to the Office of the Children’s Lawyer or to children’s aid societies; and

(b) in respect of documents required to be served under rule 13 (financial disclosure).

(2) Subrule 19 (3) of the Regulation is revoked and the following substituted:

Access to documents mentioned in court papers

(3) Subrule (2) also applies, with necessary changes, to a document mentioned in a party’s application, answer, reply, notice of motion or affidavit.

(3) Subrule 19 (6) of the Regulation is amended by adding “despite clause 1 (7.2) (a)” after “on motion” in the portion before clause (a).

(4) Subrule 19 (6.1) of the Regulation is amended by adding “despite clause 1 (7.2) (a)” after “on motion” in the portion before clause (a).

8. (1) Subrule 20 (18) of the Regulation is amended by adding “Unless the court orders otherwise” at the beginning.

(2) Subrule 20 (24) of the Regulation is amended by striking out “rule 13 (financial statements)” and substituting “rule 13 (financial disclosure)”.

9. (1) Subrule 23 (1) of the Regulation is amended by adding the following paragraph:

8. Any evidence that is the subject of an order made under clause 1 (7.2) (g).

(2) Subrules 23 (20) and (20.1) of the Regulation are revoked and the following substituted:

Evidence by Affidavit, other method

(20) A party may request that the court make an order under clause 1 (7.2) (i) permitting the evidence of a witness to be heard by affidavit or another method not requiring the witness to attend in person.

(3) Subrule 23 (21) of the Regulation is amended by striking out “or electronic recording” in the portion before clause (a) and substituting “or another method not requiring a witness to attend in person”.

(4) Clause 23 (21) (a) of the Regulation is amended by striking out “under subrule (20)” and substituting “under clause 1 (7.2) (i)”.

(5) Subrule 23 (22) of the Regulation is amended by striking out “under subrule (20)” and substituting “under clause 1 (7.2) (i)”.

10. Subrule 27 (4) of the Regulation is amended by striking out “13 (11) (additional information)” and substituting “13 (11) (insufficient financial information)”.

11. Subrule 32.1 (9) of the Regulation is amended by adding “form” after “motion”.

12. Subrule 37 (8) of the Regulation is amended by adding “form” after “motion”.

13. Subrule 37.1 (8) of the Regulation is amended by adding “form” after “motion”.

14. Subrule 38 (30) of the Regulation is amended by striking out “a procedural motion” in the portion after clause (b) and substituting “a motion form”.

15. (1) The Table of Forms to the Regulation is amended by striking out,

 


13


Financial statement (support claims)


February 1, 2010




13.1


Financial statement (property and support claims)


February 1, 2010




 

and substituting the following:

 


13


Financial statement (support claims)


January 6, 2015




13.1


Financial statement (property and support claims)


January 6, 2015




 

(2) The Table of Forms to the Regulation is amended by adding the following:

 


13A


Certificate of financial disclosure


January 6, 2015



 

. . . . .

 


13C


Comparison of net family property statements


January 6, 2015



 

Commencement

16. This Regulation comes into force one month after the day it is filed.

Made by:
Pris par :

Family Rules Committee:
le Comité des règles en matière de droit de la famille :

Melanie Chalmers

Counsel, Family Rules Committee

Date made: March 3, 2015.
Pris le : 3 mars 2015.

I approve this Regulation.
J’approuve le présent règlement.

La procureure générale,

Madeleine Meilleur

Attorney General

Date approved: April 1, 2015.
Approuvé le : 1er avril 2015.

 

 

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