15. In sections 15.1 to 16, “spouse” has the meaning assigned by subsection 2(1) (see “spouse” means either of two persons who are married to each other;), and includes a former spouse.
R.S., 1985, c. 3 (2nd Supp.), s. 15; 1997, c. 1, s. 2.
Statutes
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 [...]
Spousal support order
15.2 (1) A court of competent jurisdiction may, on application by either or both spouses, make an order requiring a spouse to secure or pay, or to secure and pay, such lump sum or periodic sums, or such lump sum and periodic sums, as the court thinks reasonable for the support of the [...]
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 [...]
Definitions
29. In this Part,
“dependant” means a person to whom another has an obligation to provide support under this Part; (“personne à charge”)
“spouse” means a spouse as defined in subsection 1 (1), and in addition includes either of two persons who are not married to each other and have cohabited,
(a) continuously for a period of [...]
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 [...]
Definitions
1. (1) In this Act,
“child” includes a person whom a parent has demonstrated a settled intention to treat as a child of his or her family, except under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody; (“enfant”)
“child support guidelines” means [...]
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 [...]
“age of majority”
majeur
“age of majority”, in respect of a child, means the age of majority as determined by the laws of the province where the child ordinarily resides, or, if the child ordinarily resides outside of Canada, eighteen years of age;
“appellate court”
cour d’appel
“appellate court”, in respect of an appeal from a court, means the [...]
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, [...]
Order for variation, rescission or suspension
17. (1) A court of competent jurisdiction may make an order varying, rescinding or suspending, prospectively or retroactively,
(a) a support order or any provision thereof on application by either or both former spouses; or
(b) a custody order or any provision thereof on application by either or both former spouses or [...]
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 [...]