RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN FAMILY LAW PROCEEDINGS, R.R.O. 1990, Reg. 199

JurisdictionOntario

Courts of Justice Act
Loi sur les tribunaux judiciaires

REGULATION 199

Amended to O. Reg. 114/99

RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN FAMILY LAW PROCEEDINGS

Note: This Regulation was revoked On September 15, 1999. See O. Reg. 114/99, ss. 42, 43.

This Regulation is made in English only.

PART I
GENERAL

1. In these rules,

“clerk” means a clerk of the court;

“county” includes a regional, district or metropolitan municipality;

“court” means the Ontario Court (Provincial Division);

“file” means file in the office of the clerk;

“party” means a party to a proceeding and includes a person who is entitled to notice of a proceeding, but does not include a foster parent;

“prescribed” means prescribed in these rules;

“proceeding” means a proceeding in the court. R.R.O. 1990, Reg. 199, r. 1.

2. These rules apply to all proceedings respecting family matters in the court. R.R.O. 1990, Reg. 199, r. 2.

3. The forms authorized by these rules shall be used where applicable and with such variations as the circumstances require. R.R.O. 1990, Reg. 199, r. 3.

4. These rules shall be construed liberally so as to secure an inexpensive and expeditious conclusion of every proceeding consistent with a just determination of the proceeding. R.R.O. 1990, Reg. 199, r. 4.

5. In any matter not provided for by these rules, the practice of the court shall be regulated by analogy to these rules and to the Act governing the proceeding and the court on motion without notice may give directions. R.R.O. 1990, Reg. 199, r. 5.

6. (1) Where a party fails to comply with these rules, the court, upon such terms as the court considers proper, may grant such relief from the non-compliance as the court considers necessary to secure the just determination of the matter in dispute. R.R.O. 1990, Reg. 199, r. 6.

(2) At any stage of a proceeding, the court may by order correct the name of a party incorrectly named on such terms as are just, unless prejudice would result that could not be compensated for by costs or an adjournment. O. Reg. 71/92, s. 1.

7. In the computation of time under these rules or an order of the court, where there is a reference to a number of days between two events, they shall be counted by excluding the day on which the first event happens and including the day on which the second event happens, and where the time for doing an act under these rules expires on a day on which the court office is closed, the act may be done on the next day on which the court office is open. R.R.O. 1990, Reg. 199, r. 7.

8. The court, at any time, may lengthen or shorten a period of time prescribed by these rules or by an order of the court, upon such terms as the court considers proper in the circumstances.R.R.O. 1990, Reg. 199, r. 8.

9. A party may be represented in a proceeding by any of the following:

1. A barrister and solicitor.

2. A student-at-law while under articles, unless the court orders otherwise.

3. With the permission of the court, a law student who is enrolled in a university approved by The Law Society of Upper Canada and who is engaged in a legal clinic program under the supervision of a barrister and solicitor.

4. With the permission of the court, any other person.R.R.O. 1990, Reg. 199, r. 9.

10. (1) Subject to section 38 of the Child and Family Services Act, where the court is satisfied that a party,

(a) is a minor or is under a mental disability; and

(b) requires representation in the proceeding by reason of that fact,

the court shall give such directions for the representation of the party as it considers appropriate.

(2) Directions for representations under subrule (1) shall be given only on motion on notice to the party and to such persons as the court requires. R.R.O. 1990, Reg. 199, r. 10.

11. The court may order that any person whose presence as a party is necessary to determine the matters in issue shall be added as a party. R.R.O. 1990, Reg. 199, r. 11.

11.1 (1) Where a party dies after the commencement of a proceeding, the court, on motion without notice, may by order substitute the deceased party’s legal representative as a party in his or her place.

(2) Where it appears to the court that there is no legal representative of the deceased party, the court, on motion without notice to any person other than the person to be appointed, may by order appoint a person to act as the deceased party’s representative in the proceeding. O. Reg. 71/92, s. 2.

12. A proceeding shall be commenced by filing an application in the prescribed form. R.R.O. 1990, Reg. 199, r. 12.

13. Upon the commencement of a proceeding, the clerk shall set a day for hearing, issue a notice of hearing in the prescribed form and seal the notice of hearing and the application with the seal of the court. R.R.O. 1990, Reg. 199, r. 13.

14. (1) Subject to subrules (3) and (4), service of a document in a proceeding may be made in or out of Ontario,

(a) by leaving a copy of the document with the person to be served;

(b) by leaving a copy of the document with a person apparently sixteen years of age or over at the place where the person to be served is residing;

(c) by sending a copy of the document together with a prepaid return postcard in Form 1 by ordinary mail in an envelope, bearing the return address of the sender and addressed to the person to be served, but service under this clause is not valid unless the return postcard signed by the person to be served is received by the clerk;

(d) by leaving a copy of the document at the address for service shown on the latest document filed by the person to be served in the same or any other proceeding in the court;

(e) by sending a copy of the document by ordinary mail addressed to the person to be served at the person’s address for service shown on the latest document filed by the person in the same or any other proceeding in the court;

(f) by delivering or sending by ordinary mail a copy of the document to the person acting in the proceeding for the person to be served; or

(g) by telephone transmission of a facsimile of the document, in accordance with subrule (11). R.R.O. 1990, Reg. 199, r. 14 (1); O. Reg. 705/91, s. 1 (1).

(2) In addition to the methods set out in subrule (1), service of a document in a proceeding under the Child and Family Services Act on a Director or foster parent within the meaning of that Act or a children’s aid society may be made by sending a copy of the document by ordinary mail addressed to the person to be served at the person’s place of business or, in the case of a foster parent, at his or her residence.

(3) In an application for an order under the Child and Family Services Act finding a child to be a child in need of protection, service of the application and notice of hearing on the child, a parent as defined by that Act or a person having actual custody of the child shall be made by leaving a copy with the person to be served unless the court orders otherwise.

(4) Service of a notice of motion to find a person in contempt of court shall be made by leaving a copy of the document with the person to be served.

(5) Where a person who is to be served with a document is mentally incompetent, the document shall not be served on the person but shall be served in accordance with subrules (1) to (4) on the committee of the person’s estate or, where there is none, on the Public Trustee.

(6) Service of a document in a proceeding, other than a notice of motion to issue a warrant for arrest or to find a person in contempt of court, is not required where a solicitor accepts service and undertakes to act on behalf of the person to be served.

(7) Where service of a document on a corporation is to be made by leaving a copy of the document with the corporation, the copy of the document may be left with an officer, director or agent of the corporation.

(8) Where a copy of a document has been mailed, it shall be deemed to have been served on the fifth day following the day on which it was mailed, unless the contrary is shown.

(9) Although a document in a proceeding has been served under subrule (1) or (2), the court at any time may order that the document be served by leaving a copy of the document with the person to be served.

(10) Proof of service or of efforts to make service may be given by affidavit, in the absence of an admission of service. R.R.O. 1990, Reg. 199, r. 14 (2-10).

(11) A document served by telephone transmission shall include a cover page indicating,

(a) the sender’s name, address and telephone number;

(b) the name of the solicitor or person to be served;

(c) the date and time of the transmission;

(d) the number of pages transmitted, including the cover page;

(e) the telephone number from which the document is transmitted; and

(f) the name and telephone number of a person to contact if there are transmission problems. O. Reg. 705/91, s. 1 (2).

15. (1) Where on motion without notice the court is satisfied that reasonable efforts have been made, without success, to serve a document or that such reasonable efforts would not be successful, the court may order substituted service of the document in such manner as the court directs or may dispense with service upon such terms as the court considers proper in the circumstances.

(2) Where the court orders service by advertisement, the advertisement shall be in Form 2. R.R.O. 1990, Reg. 199, r. 15.

16. Where an application has not been served before the day set for hearing, upon the request of the applicant the clerk shall set a new day for hearing and issue a new notice of hearing under the seal of the court. R.R.O. 1990, Reg. 199, r. 16.

17. (1) A motion within a proceeding shall be commenced by serving and filing a notice of motion and an affidavit in the prescribed form, together with any other evidence on the motion, where practicable, but where all parties are present or represented or have been served with notice of the hearing at which a motion is to be made...

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