O. Reg. 322/13: FAMILY LAW RULES

Link to law: http://www.ontario.ca/laws/regulation/r13322
Published: 2013-12-12

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ONTARIO REGULATION 322/13

made under the

COURTS OF JUSTICE ACT

Made: December 11, 2013
Filed: December 12, 2013
Published on e-Laws: December 12, 2013
Printed in The Ontario Gazette: December 28, 2013


Amending O. Reg. 114/99

(FAMILY LAW RULES)

1. Subrule 1 (8) of Ontario Regulation 114/99 is revoked and the following substituted:

FAILURE TO OBEY ORDER

(8) If a person fails to obey an order in a case or a related case, the court may deal with the failure by making any order that it considers necessary for a just determination of the matter, including,

(a) an order for costs;

(b) an order dismissing a claim;

(c) an order striking out any application, answer, notice of motion, motion to change, response to motion to change, financial statement, affidavit, or any other document filed by a party;

(d) an order that all or part of a document that was required to be provided but was not, may not be used in the case;

(e) if the failure to obey was by a party, an order that the party is not entitled to any further order from the court unless the court orders otherwise;

(f) an order postponing the trial or any other step in the case; and

(g) on motion, a contempt order.

FAILURE TO FOLLOW RULES

(8.1) If a person fails to follow these rules, the court may deal with the failure by making any order described in subrule (8), other than a contempt order under clause (8) (g).

DOCUMENT THAT MAY DELAY OR IS INFLAMMATORY, ETC.

(8.2) The court may strike out all or part of any document that may delay or make it difficult to have a fair trial or that is inflammatory, a waste of time, a nuisance or an abuse of the court process.

POWER TO MAKE ORDER UNDER SUBRULE (8), (8.1) OR (8.2)

(8.3) For greater certainty, a court may make an order under subrule (8), (8.1) or (8.2) at any time during a case, and the power to make such an order exists unless these rules expressly provide otherwise.

CONSEQUENCES OF STRIKING OUT CERTAIN DOCUMENTS

(8.4) If an order is made striking out a party’s application, answer, motion to change or response to motion to change in a case, the following consequences apply unless a court orders otherwise:

1. The party is not entitled to any further notice of steps in the case, except as provided by subrule 25 (13) (service of order).

2. The party is not entitled to participate in the case in any way.

3. The court may deal with the case in the party’s absence.

4. A date may be set for an uncontested trial of the case.

2. (1) Rule 4 of the Regulation is amended by adding the following subrule:

DEFINITION

(0.1) In this rule,

“limited scope retainer” means the provision of legal services by a lawyer for part, but not all, of a party’s case by agreement between the lawyer and the party.

(2) Clause 4 (1) (a) of the Regulation is revoked and the following substituted:

(a) act in person;

(3) Rule 4 of the Regulation is amended by adding the following subrules:

INTERPRETATION, ACTING IN PERSON

(1.1) Where a party acts in person, anything these rules require or permit a lawyer or other representative to do shall be done by the party.

LIMITED SCOPE RETAINER

(1.2) Clause (1) (b) permits a party to be represented by a lawyer acting under a limited scope retainer.

INTERPRETATION, LIMITED SCOPE RETAINER

(1.3) A party who is represented by a lawyer acting under a limited scope retainer is considered for the purposes of these rules to be acting in person, unless the lawyer is acting as the party’s lawyer of record.

(4) Subrule 4 (9) of the Regulation is revoked and the following substituted:

CHOICE OF LAWYER

(9) A party who is acting in person may choose a lawyer by serving on every other party and filing a notice of change in representation (Form 4) containing the lawyer’s consent to act.

NON-APPLICATION

(9.1) Subrule (9) does not apply if the party chooses a lawyer acting under a limited scope retainer and that lawyer is not the lawyer of record for the party.

(5) Clause 4 (10) (b) of the Regulation is revoked and the following substituted:

(b) act in person.

3. Clause 5 (5) (c) of the Regulation is amended by striking out “consents” and substituting “so chooses”.

4. (1) The English version of subrule 6 (4) of the Regulation is amended by striking out “subclause” in the portion before paragraph 1 and substituting “clause”.

(2) Subrule 6 (15) of the Regulation is amended by striking out “on motion without notice” in the portion before clause (a).

(3) Rule 6 of the Regulation is amended by adding the following subrule:

SAME, NOTICE

(15.1) An order under subrule (15) may be obtained on motion without notice, except where the person to be served is a government agency.

5. Subrule 9 (6) of the Regulation is amended by striking out “July 1, 2006” and substituting “October 21, 2013”.

6. Subrule 10 (5) of the Regulation is revoked and the following substituted:

NO ANSWER

(5) The consequences set out in paragraphs 1 to 4 of subrule 1 (8.4) apply, with necessary modifications, if a respondent does not serve and file an answer.

7. Subrule 13 (17) of the Regulation is revoked.

8. (1) Clause 14 (6) (e) of the Regulation is revoked and the following substituted:

(e) to limit or stay a support order, the enforcement of arrears under a support order, or an alternative payment order under the Family Responsibility and Support Arrears Enforcement Act, 1996;

(2) Subrules 14 (22) and (23) of the Regulation are revoked.

9. (1) Subrule 15 (14) of the Regulation is revoked and the following substituted:

NO RESPONSE OR CONSENT

(14) The consequences set out in paragraphs 1 to 4 of subrule 1 (8.4) apply, with necessary modifications, if a party does not serve and file a response to motion to change (Form 15B) or return a consent motion to change (Form 15C) to the party making the motion as required under subrule (9).

(2) Subrule 15 (15) of the Regulation is amended by striking out “If subrule (14) applies” at the beginning and substituting “If a party does not serve and file a response to motion to change (Form 15B) or return a consent motion to change (Form 15C) to the party making the motion as required under subrule (9), or if the party’s response is struck out by an order”.

(3) Subrule 15 (27) of the Regulation is revoked and the following substituted:

APPLICATION OF SUBRULE 14 (21)

(27) Subrule 14 (21) applies with necessary modifications to a motion to change a final order or agreement.

10. Subclause 17 (8) (b) (ii) of the Regulation is amended by striking out “subrule 17 (9)” at the end and substituting “subrule (9)”.

11. Subrule 19 (10) of the Regulation is revoked and the following substituted:

FAILURE TO FOLLOW RULE 19 OR OBEY ORDER

(10) If a party does not follow this rule or obey an order made under this rule, the court may, in addition to any power to make an order under subrule 1 (8) or (8.1),

(a) order the party to give another party an affidavit, let the other party examine a document or supply the other party with a copy free of charge;

(b) order that a document favourable to the party’s case may not be used except with the court’s permission; or

(c) order that the party is not entitled to obtain disclosure under these rules until the party follows the rule or obeys the order.

12. (1) Clause 20 (3) (a) of the Regulation is amended by striking out “by a method of special service set out in clause 6 (3) (a)” and substituting “by special service in accordance with subrule 6 (4)”.

(2) Subrule 20 (9) of the Regulation is amended by striking out “(subrule 6 (3))” at the end and substituting “(subrules 6 (3) and (4))”.

13. Subrule 23 (3) of the Regulation is amended by adding “by special service in accordance with subrule 6 (4)” after “(Form 23)”.

14. Subrule 24 (16) of the Regulation is revoked and the following substituted:

FAILURE TO GIVE SECURITY

(16) If the party does not give the security as ordered and, as a result, a judge makes an order dismissing the party’s case or striking out the party’s answer or any other document filed by the party, then subrule (15) no longer applies.

15. Clause 25 (13) (a) of the Regulation is revoked and the following substituted:

(a) on every other party, including a party to whom paragraph 1 of subrule 1 (8.4) (no notice to party) applies;

16. (1) Subrule 27 (4) of the Regulation is amended by striking out “13 (17) (failure to file)”.

(2) Subrule 27 (12) of the Regulation is amended by striking out “(subrule 6 (3))” at the end and substituting “(subrules 6 (3) and (4))”.

17. Clause 29 (12) (a) of the Regulation is amended by striking out “subsection 4 (1) of the Creditors’ Relief Act” and substituting “subsection 2 (3) of the Creditors’ Relief Act, 2010”.

18. (1) Subrule 30 (2) of the Regulation is amended by striking out “by special service (subrule 6 (3))” and substituting “by special service in accordance with subrule 6 (4)”.

(2) Subrule 30 (9) of the Regulation is amended by striking out “with special service (subrule 6 (3))” and substituting “with special service in accordance with subrule 6 (4)”.

19. Subrule 31 (2) of the Regulation is amended by striking out “by special service as provided in clause 6 (3) (a)” and substituting “by special service in accordance with subrule 6 (4)”.

20. Subrule 39 (15) of the Regulation is revoked.

21. Subrule 40 (10) of the Regulation is revoked.

22. Subrule 41 (10) of the Regulation is revoked.

23. (1) Subclause 42 (5) (d) (iv) of the Regulation is amended by striking out “wilful”.

(2) Subrule 42 (7) of the Regulation is revoked and the following substituted:

MOTIONS UNDER RULE 14

(7) The Family Case Manager may hear motions under rule 14 relating to matters over which he or she has jurisdiction and, for the purpose, may exercise any power under that rule, other than a power under subrule 14 (21).

(3) Subrule 42 (8) of the Regulation is amended by adding the following paragraphs:

0.1 Subject to subclause (5) (d) (iv), an order under subrule 1 (8), other than a contempt order under clause 1 (8) (g), and an order under subrule 1 (8.1).

0.2 An order under subrule 1 (8.2).

0.3 An order under subrule 1 (8.4), if the Family Case Manager made the order striking out the document.

(4) Subrule 42 (19) of the Regulation is amended by striking out “July 1, 2014” and substituting “July 1, 2016”.

24. The Table of Forms to the Regulation is amended by striking out

4

Notice of change in representation

September 1, 2005


and substituting,

4

Notice of change in representation

October 21, 2013


Commencement

25. This Regulation comes into force on the later of January 1, 2014 and the day it is filed.

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