FAMILY LAW RULES, O. Reg. 114/99

• Jurisdiction: Ontario

Courts of Justice Act

ONTARIO REGULATION 114/99

FAMILY LAW RULES

Consolidation Period: From January 15, 2024 to the e-Laws currency date.

Last amendment: 349/23.

This is the English version of a bilingual regulation.

RULE 1: GENERAL

General

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 of Justice,

(a) under,

(i) the Change of Name Act,

(ii) Parts V, VII and VIII of the Child, Youth and Family Services Act, 2017,

(iii) the Children’s Law Reform Act, except sections 59 and 60,

(iii.1) the Civil Marriage Act (Canada),

(iv) the Divorce Act (Canada),

(iv.1) the Family Homes on Reserves and Matrimonial Interests or Rights Act (Canada),

(v) the Family Law Act, except Part V,

(vi) the Family Responsibility and Support Arrears Enforcement Act, 1996,

(vii) section 6 of the Marriage Act, and

(viii) the Interjurisdictional Support Orders Act, 2002;

(b) for the interpretation, enforcement or variation of a marriage contract, cohabitation agreement, separation agreement, paternity agreement, family arbitration agreement or family arbitration award;

(c) for a constructive or resulting trust or a monetary award as compensation for unjust enrichment between persons who have cohabited;

(d) for annulment of a marriage or a declaration of validity or invalidity of a marriage;

(e) for appeals of family arbitration awards under the Arbitration Act, 1991; and

(f) for proceedings under First Nation laws made under,

(i) the Family Homes on Reserves and Matrimonial Interests or Rights Act (Canada), or

(ii) the First Nations Land Management Act (Canada), with respect to the effect of relationship breakdown on matrimonial real property. O. Reg. 441/99, s. 1 (2); O. Reg. 56/03, s. 1; O. Reg. 89/04, s. 1 (1); O. Reg. 388/12, s. 1; O. Reg. 226/17, s. 1; O. Reg. 385/18, s. 1.

(2.1) Revoked: O. Reg. 89/04, s. 1 (2).

Case management in Family Court of superior Court of Justice

(3) Despite subrule (2), rule 39 (case management in the Family Court of the Superior Court of Justice) applies only to cases in the Family Court of the Superior Court of Justice, which has jurisdiction in the following municipalities:

1. Regional Municipality of Durham.

2. County of Elgin.

3. County of Frontenac.

4. Regional Municipality of Haldimand-Norfolk.

5. County of Haliburton.

6. City of Hamilton.

7. County of Hastings.

8. City of Kawartha Lakes.

9. County of Lanark.

10. United Counties of Leeds and Grenville.

11. County of Lennox and Addington.

12. County of Middlesex.

13. Territorial District of Muskoka.

14. Regional Municipality of Niagara.

15. County of Northumberland.

16. City of Ottawa.

17. County of Peterborough.

18. United Counties of Prescott and Russell.

19. County of Prince Edward.

20. County of Renfrew.

21. County of Simcoe.

22. United Counties of Stormont, Dundas and Glengarry.

23. Regional Municipality of Waterloo.

24. Regional Municipality of York.

O. Reg. 93/19, s. 1 (1).

Case management in Ontario Court of Justice

(4) Despite subrule (2), rule 40 (case management in the Ontario Court of Justice) applies only to cases in the Ontario Court of Justice. O. Reg. 114/99, r. 1 (4).

Case management in the Superior Court of Justice

(4.1) Despite subrule (2), rule 41 (case management in the Superior Court of Justice, other than the Family Court of the Superior Court of Justice) applies only to cases in the Superior Court of Justice that are not in the Family Court of the Superior Court of Justice. O. Reg. 89/04, s. 1 (3).

Family law case combined with other matter

(5) If a case in the court combines a family law case to which these rules apply with another matter to which these rules would not otherwise apply, the parties may agree or the court on motion may order that these rules apply to the combined case or part of it. O. Reg. 114/99, r. 1 (5).

Conditions and directions

(6) When making an order, the court may impose conditions and give directions as appropriate. O. Reg. 114/99, r. 1 (6).

Matters not covered in rules

(7) If these rules do not cover a matter adequately, the court may give directions, and the practice shall be decided by analogy to these rules, by reference to the Courts of Justice Act and the Act governing the case and, if the court considers it appropriate, by reference to the Rules of Civil Procedure. O. Reg. 114/99, r. 1 (7).

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. O. Reg. 69/15, s. 1 (1).

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) subject to subrule (7.3), that a party or witness give any or all of their evidence by affidavit or by another method not requiring attendance in person;

(i.1) subject to subrule (7.3.1), that all or any part of a case be heard using telephone or video technology;

(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. O. Reg. 69/15, s. 1 (1); O. Reg. 152/21, s. 1 (1).

Giving of evidence

(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. O. Reg. 69/15, s. 1 (1).

Use of telephone or video technology

(7.3.1) In making an order under clause (7.2) (i.1) that telephone or video technology be used in a case, the court shall consider,

(a) the availability of telephone or video technology and the access of the parties, witnesses and lawyers to it;

(b) the impact of delay in not using telephone or video technology, including on any applicable timelines, particularly if the case involves a child;

(c) the effect of using telephone or video technology on the court’s ability to make findings, including determinations about the credibility of witnesses;

(d) whether a party, witness or lawyer is unable to attend in person; and

(e) any other relevant matter. O. Reg. 152/21, s. 1 (2).

Effect of order at trial

(7.4) An order made under subrule (7.2) respecting how a trial is to proceed applies unless the trial judge orders otherwise. O. Reg. 69/15, s. 1 (1).

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. O. Reg. 322/13, s. 1.

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). O. Reg. 322/13, s. 1.

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...