TABLE OF CONTENTS. iii

Transcription

1 Table of Cases... ix Introduction...1 Part I: Procedure Introduction and Objectives of the Family Law Rules...3 Application of the Family Law Rules...3 Matters Not Covered in the Family Law Rules...3 Primary Objective of the Family Law Rules Procedural Issues Prior to and after Court Disclosure...9 Importance of Disclosure under the Family Law Rules...10 Importance of Disclosure in Domestic Contracts...11 Disclosure Obligations of a Litigant Affidavits...15 Introduction to Affidavits What an Affidavit Can Contain...16 Who May Swear an Affidavit Questioning...19 Introduction to Questioning...23 Practice and Procedure...23 Client Preparation...25 Undertakings and Refusals...25 Practice Tips Offers to Settle...27 Purpose of Offers to Settle...29 Offers to Settle: Formal Requirements Offers to Settle: Offers that Do Not Meet the Formal Requirements Severable or Bifurcated Offers to Settle...29 Offers to Settle as Standard Practice Conferences...31 Introduction to Conferences...37 Case Conferences...34 Settlement Conferences...37 Trial Management Conferences...35 Orders...39 iii

2 Agreements Costs Motions...41 Introduction to Motions Two Kinds of Motions No Motion Before Case Conference Held...52 Court Documents Required on a Motion...53 Typical Motion...54 Motion Without Notice...55 Procedural, Uncomplicated or Unopposed Matters 14B Motion Assessments...59 Introduction to Assessments...64 Authority to Order an Assessment...64 The Need for a Clinical Issue?...64 Appointing an Assessor...65 Costs of an Assessment...65 Procedure for an Assessment...65 Assessment Report and Assessor Testimony...66 Assessments in Child Protection Proceedings Office of the Children s Lawyer...69 Representing Children and Custody and Access Proceedings in Ontario...70 The Role of Child s Counsel Generally...71 The Independent Role of Child s Counsel...75 Children s Evidence...77 Conclusion...82 Appendix A : Order: Children s Lawyer Appendix B : Office of the Children s Lawyer Policy Statement Role of Child s Counsel Child Protection Proceedings...89 Introduction to Child Protection Proceedings...91 What is a Children s Aid Society?...91 What does a Children s Aid Society do? The Statutory Framework of Child Welfare Proceedings...91 The Legal Tests and Principles for Some of the Most Common Steps and Issues Within a Child Protection Proceeding Experts Introduction to Experts Is an Expert Needed? Quantum of Experts Qualifications of an Expert Meeting the Threshold of Admissibility iv

3 Disclosure Other Concerns/Considerations Amendments to the Rules of Civil Procedure Trial Considerations Introduction to Trial Considerations Document Disclosure Rule 19 & Expert Report Rule Offers to Settle Rule Request to Admit Rule Trial Record Rule Witnesses Rule Financial Statements Rule Net Family Property Statements Rule Other Points to Remember Costs Introduction to Costs Purpose of Costs Award Successful Party Presumed to be Entitled to Costs Costs at Each Step in a Case Bad Faith Factors to Consider in Setting the Amount of Costs Costs for Conduct Affecting Proceedings Costs Against a Party Who Has Failed to Attend Court Costs Enforced as Support Costs Against Self-Represented Litigants Costs Against Government Agencies Obligations of Counsel to Advise about Costs Interim Disbursements Appeals Introduction to Appellate Review Standard of Review Fresh/New Evidence Solicitor s Liens Introduction to Solicitor s Liens General Retaining Lien Particular Lien or Special Lien on the Fruits of the Action Charging Orders: Section 34(1) of the Solicitor s Act Can a Lien or Charging Order be Obtained Against Future Proceeds of Litigation? v

4 Part II: Regional Information Superior Court of Justice All Regions Rule 39 and 41: Case Management Consolidated Provincial Practice Direction Part I: Family Proceedings in the Superior Court of Justice Part II: Proceedings Under the Class Proceedings Act, Part III: Civil and Family Motions Procedure Part IV: Judicial Management of all Civil Proceedings not governed by Rule 77 of the Rules of Civil Procedure Part V: General Practice Directions Applicable to all Proceedings Publication Ban Requests in the Superior Court of Justice Superior Court of Justice Video Conferencing Pilot Project Superior Court of Justice Central East Region Consolidated Practice Direction Concerning Family Cases in Central East Region Part 1: Confirmations Part 2: Adjournments Part 3: First Appearance Part 4: Conferences Part 5: Motions Part 6: Trials and Trial Records Part 7: Uncontested Trials Regional Calendar Superior Court of Justice Central South Consolidated Practice Direction for the Central South Region Part I: General Part II: Family Proceedings Part III: Criminal Proceedings Regional Calendar Superior Court of Justice Central West Consolidated Practice Direction for the Central West Region Part I: Family Proceedings Part II: Civil Proceedings Part III: Criminal Proceedings Regional Calendar Superior Court of Justice East Rule 42: Appointment of Family Case Manager in Ottawa Consolidated Practice Direction for the East Region Part I: Family Proceedings Part II: Civil Proceedings vi

5 Part III: Criminal Proceedings Practice Direction Regarding Family Cases in the Superior Court of Justice East Region Regional Calendar Superior Court of Justice Northeast Consolidated Practice Direction for the Northeast Region Part I: Family Proceedings Part II: Criminal Proceedings Part III: Civil Proceedings Consolidated Practice Direction Concerning Family Cases in the Northeast Region Regional Calendar Superior Court of Justice Northwest Consolidated Practice Direction for the Northwest Region Part I: All Proceedings Part II: Family Proceedings Part III: Criminal Proceedings Consolidated Practice Direction Concerning Family Cases in the Northwest Region Regional Calendar Superior Court of Justice Southwest Consolidated Practice Direction for the Southwest Region Part I: Civil Proceedings Part II: Family Proceedings Part III: Additional Provisions Regarding the Unified Family Court London Part IV: Commercial Proceedings in London Part V: Additional Provisions Regarding Contested Estate Matters including a Contested Passing of Accounts Part VI: Forms Regional Calendar Superior Court of Justice Toronto Dispute Resolution Officers Consolidated Practice Direction Concerning Family Cases in the Toronto Region Part I: Confirmations Part II: Motions Regional Calendar Practice Directions of Justice Paisley Superior Court of Justice Divisional Court Sitting Dates vii

6 Consolidated Practice Direction for Divisional Court Proceedings Part I: Proceedings to be heard by a Single Judge Part II: Factums in the Divisional Court Part III: Books of Authorities Part IV: Filing Electronic Versions of Documents in Civil Appeals and Judicial Review Applications Part V: Judges Book of Authorities Part VI: Regional Centres for Divisional Court Filings Ontario Court of Justice Rule 40: Case Management Practice Direction regarding the Integrated Domestic Violence Court at 311 Jarvis Street, Toronto Court of Appeal Practice Direction Concerning Civil Appeals in the Court of Appeal Contact Information Part III: Substantive Law Child Support Tables and Schedules Reference Guide to the Spousal Support Advisory Guidelines Index viii