TEXTS OF AMENDMENTS TO FAMILY LAW RULES

Transcription

1 TEXTS OF AMENDMENTS TO FAMILY LAW RULES EFFECTIVE July 1, 2018 Rule 3(4)1 Note: On July 1, 2018, paragraph 1 of subrule 3 (4) of the Regulation is revoked and the following substituted: (See: O. Reg. 298/18, s. 4 (1)) 31. Notice of a motion must be served not later than six days before the motion date (see subrule 14 (11)). Saturday and Sunday are not counted, because the notice period is less than seven days (see subrule (2)). Service on the day set out in the left column below is in time for the motion to be heard on the day set out in the right column below. Service on Monday Tuesday Wednesday Thursday Friday Saturday Sunday Motion may be heard on The second following Tuesday The second following Wednesday The second following Thursday The second following Friday The second following Monday The second following Tuesday The second following Tuesday WRITTEN CONSENT TO CHANGE TIME 3(6) The parties may, by consent in writing, change any time set out in these rules, except that they may not change a time set out in, (a) clause 14 (11) (c) (confirmation of motion); Note: On July 1, 2018, clause 3 (6) (a) of the Regulation is amended by striking out clause 14 (11) (c) and substituting clause 14 (11) (e). (See: O. Reg. 298/18, s. 4 (2)) (b) subrules 17 (14) and (14.1) (confirmation of conference, late briefs); Note: On July 1, 2018, clause 3 (6) (b) of the Regulation is revoked and the following substituted: (See: O. Reg. 298/18, s. 4 (3)) (b) clause 17 (14) (c) (confirmation of conference);

2 RULE 14 RESPONSE TO MOTION FORM 14(10.1) If a party uses a motion form (Form 14B) and no person served with the motion form serves and files a response within four days after being served, the motion shall be dealt with by the court as an unopposed motion. O. Reg. 383/11, s. 3 (2). Note: On July 1, 2018, subrule 14 (10.1) (above) of the Regulation is revoked. (See: O. Reg. 298/18, s. 10 (1)) WHERE NO REPLY PERMITTED 14(10.2) A party who uses a motion form (Form 14B) and who is served with a response to it may not serve or file a reply. O. Reg. 383/11, s. 3 (2). Note: On July 1, 2018, subrule 14 (10.2) (above) of the Regulation is revoked. (See: O. Reg. 298/18, s. 10 (1)) MOTION WITH NOTICE 14(11) A party making a motion with notice shall, (a) serve the documents mentioned in subrule (9) or (10) on all other parties, not later than four days before the motion date; (b) file the documents as soon as possible after service, but not later than two days before the motion date; and (c) file a confirmation (Form 14C) not later than 2 p.m. two days before the motion date. O. Reg. 114/99, r. 14 (11); O. Reg. 202/01, s. 4 (2). Note: On July 1, 2018, subrule 14 (11)(above) of the Regulation is revoked and the following substituted: (See: O. Reg. 298/18, s. 10 (2)) MOTION WITH NOTICE 14(11) A party making a motion with notice shall, (a) serve the documents mentioned in subrule (9) or (10) on all other parties, not later than six days before the motion date; (b) file the documents as soon as possible after service, but not later than four days before the motion date; (c) confer or attempt to confer orally or in writing with every other party about the issues that are in dispute in the motion, subject to a party being prohibited from such communication by court order; (d) before giving the clerk confirmation of the motion in Form 14C under clause (e), give a copy of the confirmation of motion to every other party using mail, fax, or any other method, except in a child protection case; and

3 (e) not later than 2 p.m. three days before the motion date, give the clerk the confirmation of motion (Form 14C) by, (i) delivering it to the court office, or (ii) if available in the court office, sending it by fax or by . O. Reg. 298/18, s. 10 (2). NO LATE DOCUMENTS 14(11.1) No documents for use on the motion may be served or filed after 2 p.m. two days before the motion date. O. Reg. 202/01. s. 4 (3). Note: On July 1, 2018, subrule 14 (11.1) (above) of the Regulation is revoked and the following substituted: (See: O. Reg. 298/18, s. 10 (2)) EFFECT OF FAILURE TO CONFIRM 14(11.1) Unless the court orders otherwise, a motion shall not be heard if confirmation of the motion is not given to the clerk in accordance with clause (11) (e). O. Reg. 298/18, s. 10 (2). PARTY TO UPDATE CONFIRMATION 14(11.2) If a party who has given a confirmation of motion determines at any time before the motion is heard that the confirmation is no longer correct, the party shall, if possible, immediately, (a) give a copy of the corrected confirmation of motion in Form 14C to every other party using a method listed in clause (11) (d) and subsequently give the clerk the corrected confirmation of motion by a method listed in clause (11) (e); or (b) in a child protection case, give the clerk a corrected confirmation of motion in Form 14C by a method listed in clause (11) (e). O. Reg. 298/18, s. 10 (2). RESPONSE TO NOTICE OF MOTION 14(11.3) A response by a person to a motion made using a notice of motion (Form 14) shall be served and filed not later than four days before the motion date. O. Reg. 298/18, s. 10 (2). RESPONSE TO MOTION FORM 14(11.4) A response by a person to a motion made using a motion form (Form 14B) shall be served and filed not later than four days after the motion form is served on the person. O. Reg. 298/18, s. 10 (2). REPLY TO RESPONSE PERMITTED, NOTICE OF MOTION 14(11.5) A party who uses a notice of motion (Form 14) and who is served with a response to it may serve and file a reply not later than 2 p.m. three days before the motion date. O. Reg. 298/18, s. 10 (2). REPLY TO RESPONSE NOT PERMITTED, MOTION FORM 14(11.6) A party who uses a motion form (Form 14B) and who is served with a response to it may not serve or file a reply. O. Reg. 298/18, s. 10 (2).

4 RULE 17 SETTLEMENT CONFERENCE BEFORE CASE SET FOR TRIAL 17(10) A case shall not be scheduled for trial unless, (a) a judge has conducted a settlement conference; or Note: On July 1, 2018, clause 17 (10) (a) (above) of the Regulation is revoked and the following substituted: (See: O. Reg. 298/18, s. 12 (1)) (a) a settlement conference has been conducted; or TIME FOR SERVICE OF BRIEFS 17(13.1) The party requesting the conference (or, if the conference is not requested by a party, the applicant or party making the motion) shall serve and file a brief not later than seven days before the date scheduled for the conference and the other party shall do so not later than four days before that date. O. Reg. 202/01, s. 5 (5); O. Reg. 69/15, s. 6 (2). Note: On July 1, 2018, subrule 17 (13.1) (above) of the Regulation is amended by striking out seven and substituting six. (See: O. Reg. 298/18, s. 12 (2)) PARTIES TO CONFIRM ATTENDANCE 17(14) Not later than 2 p.m. two days before the date scheduled for the conference, each party shall file a confirmation (Form 14C). O. Reg. 114/99, r. 17 (14); O. Reg. 202/01, s. 5 (6). Note: On July 1, 2018, subrule 17 (14) (above) of the Regulation is revoked and the following substituted: (See: O. Reg. 298/18, s. 12 (3)) PARTIES TO CONFIRM ATTENDANCE 17(14) Each party shall, (a) confer or attempt to confer orally or in writing with every other party about the issues that are in dispute, subject to a party being prohibited from such communication by court order; (b) before giving the clerk confirmation of the conference in Form 17F under clause (c), give a copy of the confirmation of conference to every other party using mail, fax, or any other method, except in a child protection case; and (c) not later than 2 p.m. three days before the conference date, give the clerk the confirmation of conference (Form 17F) by, (i) delivering it to the court office, or (ii) if available in the court office, sending it by fax or by . O. Reg. 298/18, s. 12 (3)

5 NO LATE BRIEFS 17(14.1) No brief or other document for use at the conference that is required to be served or filed may be served or filed after 2 p.m. two days before the date scheduled for the conference. O. Reg. 202/01, s. 5 (7); O. Reg. 69/15, s. 6 (3). Note: On July 1, 2018, subrule 17 (14.1) (above) of the Regulation is revoked and the following substituted: (See: O. Reg. 298/18, s. 12 (3)) EFFECT OF FAILURE TO CONFIRM 17(14.1) Unless the court orders otherwise, a conference shall not be held if confirmation of the conference is not given to the clerk in accordance with clause (14) (c). O. Reg. 298/18, s. 12 (3). PARTIES TO UPDATE CONFIRMATION 17(14.1.1) If a party who has given a confirmation of conference determines at any time before the conference is held that the confirmation is no longer correct, the party shall, if possible, immediately, (a) give a copy of the corrected confirmation of conference in Form 17F to every other party using a method listed in clause (14) (b) and subsequently give the clerk the corrected confirmation of conference by a method listed in clause (14) (c); or (b) in a child protection case, give the clerk a corrected confirmation of conference in Form 17F by a method listed in clause (14) (c). O. Reg. 298/18, s. 12 (3). RULE 24 DECIDING COSTS 24(10) Promptly after dealing with a step in the case, the court shall, (a) make a decision on costs in relation to that step; or (b) reserve the decision on costs for determination at a later stage in the case. O. Reg. 235/16, s. 4 (2). Note: On July 1, 2018, subrule 24 (10) of the Regulation is revoked and the following substituted: (See: O. Reg. 298/18, s. 14) DECIDING COSTS 24(10) Promptly after dealing with a step in a case, the court shall, in a summary manner, (a) determine who, if anyone, is entitled to costs in relation to that step and set the amount of any costs; or (b) expressly reserve the decision on costs for determination at a later stage in the case. O. Reg. 298/18, s. 14.

6 SAME 24(10.1) In making a decision on costs in relation to a step in a case, the court shall decide in a summary manner whether anyone is entitled to costs and, if so, determine who is entitled and set the amount of the costs. O. Reg. 235/16, s. 4 (2). Note: On July 1, 2018, subrule 24 (10.1) of the Regulation is revoked. (See: O. Reg. 298/18, s. 14) FACTORS IN COSTS 24(11) In setting the amount of costs, the court shall consider, (a) the importance, complexity or difficulty of the issues; (b) the reasonableness or unreasonableness of each party s behaviour in the case; (c) the lawyer s rates; (d) the time properly spent on the case, including conversations between the lawyer and the party or witnesses, drafting documents and correspondence, attempts to settle, preparation, hearing, argument, and preparation and signature of the order; (e) expenses properly paid or payable; and (f) any other relevant matter. O. Reg. 114/99, r. 24 (11); O. Reg. 235/16, s. 4 (3). Note: On July 1, 2018, subrule 24 (11) of the Regulation is revoked and the following substituted: (See: O. Reg. 298/18, s. 14) SAME (11) The failure of the court to act under subrule (10) in relation to a step in a case does not prevent the court from awarding costs in relation to the step at a later stage in the case. O. Reg. 298/18, s. 14. PAYMENT OF EXPENSES (12) The court may make an order that a party pay an amount of money to another party to cover part or all of the expenses of carrying on the case, including a lawyer s fees. O. Reg. 114/99, r. 24 (12). Note: On July 1, 2018, subrule 24 (12) of the Regulation is revoked and the following substituted: (See: O. Reg. 298/18, s. 14) SETTING COSTS AMOUNTS (12) In setting the amount of costs, the court shall consider, (a) the reasonableness and proportionality of each of the following factors as it relates to the importance and complexity of the issues:

7 (i) each party s behaviour, (ii) the time spent by each party, (iii) any written offers to settle, including offers that do not meet the requirements of rule 18, (iv) any legal fees, including the number of lawyers and their rates, (v) any expert witness fees, including the number of experts and their rates, (vi) any other expenses properly paid or payable; and (b) any other relevant matter. O. Reg. 298/18, s. 14. SUPPORTING MATERIALS (12.1) Any claim for costs respecting fees or expenses shall be supported by documentation satisfactory to the court. O. Reg. 298/18, s. 14. Note: On July 1, 2018, the Table of Forms to the Regulation is amended by striking out the rows for Forms 14 and 14C and substituting the following: (See: O. Reg. 298/18, s. 23 (3)) 14 Notice of motion 14C..... Confirmation of Motion Note: On July 1, 2018, the Table of Forms to the Regulation is amended by adding the following row: (See: O. Reg. 298/18, s. 23 (4)) 17F Confirmation of Conference