MEANING 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 and [...]
TRIAL 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 statements and [...]
CONSENT ORDER
25. (1) If the parties agree, the court may make an order under these rules or an Act without having the parties or their lawyers come to court. O. Reg. 114/99, r. 25 (1).
SUCCESSFUL PARTY PREPARES DRAFT ORDER
(2) The party in whose favour an order is made shall prepare a draft [...]
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 [...]
COUNTING DAYS
3. (1) In these rules or an order, the number of days between two events is counted as follows:
1. The first day is the day after the first event.
2. The last day is the day of the second event. O. Reg. 114/99, r. 3 (1).
COUNTING DAYS — SHORT PERIODS
(2) If a [...]
WHO ARE PARTIES — CASE
7. (1) A person who makes a claim in a case or against whom a claim is made in a case is a party to the case. O. Reg. 114/99, r. 7 (1).
WHO ARE PARTIES — MOTION
(2) For purposes of a motion only, a person who is affected [...]
REPRESENTATION FOR A PARTY
4. (1) A party may,
(a) appear without a lawyer or other representative;
(b) be represented by a lawyer; or
(c) be represented by a person who is not a lawyer, but only if the court gives permission in advance. O. Reg. 114/99, r. 4 (1).
PRIVATE REPRESENTATION OF SPECIAL PARTY
(2) The court [...]
QUESTIONING — PROCEDURE
20. (1) Questioning under this rule shall take place orally under oath or affirmation. O. Reg. 114/99, r. 20 (1).
CROSS-EXAMINATION
(2) The right to question a person includes the right to cross-examine. O. Reg. 114/99, r. 20 (2).
CHILD PROTECTION CASE — AVAILABLE AS OF RIGHT
(3) In a child protection case, [...]
WHERE TO ENFORCE AN ORDER
26. (1) The place for enforcement of an order is governed by subrules 5 (5) and (6) (place for starting enforcement). O. Reg. 114/99, r. 26 (1).
HOW TO ENFORCE AN ORDER
(2) An order that has not been obeyed may, in addition to any other method of enforcement provided [...]
DEFINITIONS
2. (1) In these rules,
“address” means a person’s street or municipal address, mailing address, telephone number, fax number and electronic mail address; (“adresse”)
“appellant” means a person who starts an appeal; (“appelant”)
“applicant” means a person who starts an application; (“requérant”)
“application” means, as the context requires, the document that starts a case or the procedure [...]
FINANCIAL STATEMENT WITH APPLICATION, ANSWER OR MOTION
13. (1) If an application, answer or motion contains a claim for support, a property claim, or a claim for exclusive possession of the matrimonial home and its contents,
(a) the party making the claim shall serve and file a financial statement (Form 13 or 13.1) with the [...]
ISSUE OF WRIT OF SEIZURE AND SALE
28. (1) The clerk shall issue a writ of seizure and sale (Form 28) if a recipient files,
(a) a request for a writ of seizure and sale (Form 28A); and
(b) a statement of money owed (subrules 26 (5) and (6)). O. Reg. 114/99, r. 28 (1); O. [...]
WHERE CASE STARTS
5. (1) Subject to sections 21.8 and 21.11 of the Courts of Justice Act (territorial jurisdiction — Family Court), a case shall be started,
(a) in the municipality where a party resides;
(b) if the case deals with custody of or access to a child, in the municipality where the child ordinarily resides, [...]
METHODS OF SERVICE
6. (1) Service of a document under these rules may be carried out by regular service or by special service in accordance with this rule, unless an Act, rule or order provides otherwise. O. Reg. 114/99, r. 6 (1).
AGE RESTRICTION
(1.1) No person shall serve a document under these rules unless [...]
FILING AN APPLICATION
8. (1) To start a case, a person shall file an application (Form 8, 8A, 8B, 8B.1, 8B.2, 8C, 8D, 8D.1, 34L or 34N). O. Reg. 519/06, s. 2.
CHANGE TO FINAL ORDER OR AGREEMENT
(2) Subject to subrule 25 (19) (changing order — fraud, mistake, lack of notice), a party who [...]
CONTINUING RECORD CREATED
9. (1) A person starting a case shall,
(a) prepare a single continuing record of the case, to be the court’s permanent record of the case; and
(b) serve it on all other parties and file it, along with the affidavits of service or other documents proving that the continuing record was served. [...]
SERVING AND FILING ANSWER
10. (1) A person against whom an application is made shall serve an answer (Form 10, 33B, 33B.1 or 33B.2) on every other party and file it within 30 days after being served with the application. O. Reg. 114/99, r. 10 (1); O. Reg. 91/03, s. 2; O. Reg. 519/06, [...]
AMENDING APPLICATION WITHOUT COURT’S PERMISSION
11. (1) An applicant may amend the application without the court’s permission as follows:
1. If no answer has been filed, by serving and filing an amended application in the manner set out in rule 8 (starting a case).
2. If an answer has been filed, by serving and filing an [...]
WITHDRAWING APPLICATION, ANSWER OR REPLY
12. (1) A party who does not want to continue with all or part of a case may withdraw all or part of the application, answer or reply by serving a notice of withdrawal (Form 12) on every other party and filing it. O. Reg. 114/99, r. 12 (1).
WITHDRAWAL [...]
WHEN TO MAKE MOTION
14. (1) A person who wants any of the following may make a motion:
1. A temporary order for a claim made in an application.
2. Directions on how to carry on the case.
3. A change in a temporary order. O. Reg. 114/99, r. 14 (1); O. Reg. 544/99, s. 6; O. [...]