Table of Cases... ix Introduction...1 Part I: Procedure...3 1. 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...4 2. Procedural Issues Prior to and after Court...7 3. Disclosure...9 Importance of Disclosure under the Family Law Rules...10 Importance of Disclosure in Domestic Contracts...11 Disclosure Obligations of a Litigant...12 4. Affidavits...15 Introduction to Affidavits... 13 What an Affidavit Can Contain...16 Who May Swear an Affidavit...17 5. Questioning...19 Introduction to Questioning...23 Practice and Procedure...23 Client Preparation...25 Undertakings and Refusals...25 Practice Tips...25 6. Offers to Settle...27 Purpose of Offers to Settle...29 Offers to Settle: Formal Requirements... 29 Offers to Settle: Offers that Do Not Meet the Formal Requirements... 29 Severable or Bifurcated Offers to Settle...29 Offers to Settle as Standard Practice...30 7. Conferences...31 Introduction to Conferences...37 Case Conferences...34 Settlement Conferences...37 Trial Management Conferences...35 Orders...39 iii
Agreements... 36 Costs...40 8. Motions...41 Introduction to Motions Two Kinds of Motions... 51 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... 57 9. 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...66 10. 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... 84 Appendix B : Office of the Children s Lawyer Policy Statement Role of Child s Counsel...86 11. 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...92 12. Experts...103 Introduction to Experts...105 Is an Expert Needed?... 105 Quantum of Experts...106 Qualifications of an Expert...106 Meeting the Threshold of Admissibility...106 iv
Disclosure...107 Other Concerns/Considerations...108 Amendments to the Rules of Civil Procedure...109 13. Trial Considerations...111 Introduction to Trial Considerations...112 Document Disclosure Rule 19 & 20... 112 Expert Report Rule 23... 113 Offers to Settle Rule 18... 113 Request to Admit Rule 22... 114 Trial Record Rule 23... 114 Witnesses Rule 23...115 Financial Statements Rule 13...115 Net Family Property Statements Rule 13... 115 Other Points to Remember...115 14. Costs...109 Introduction to Costs...117 Purpose of Costs Award...120 Successful Party Presumed to be Entitled to Costs...121 Costs at Each Step in a Case...121 Bad Faith...122 Factors to Consider in Setting the Amount of Costs...124 Costs for Conduct Affecting Proceedings...125 Costs Against a Party Who Has Failed to Attend Court...126 Costs Enforced as Support...126 Costs Against Self-Represented Litigants...126 Costs Against Government Agencies...128 Obligations of Counsel to Advise about Costs...129 Interim Disbursements...130 15. Appeals...131 Introduction to Appellate Review...132 Standard of Review...132 Fresh/New Evidence...133 16. Solicitor s Liens...135 Introduction to Solicitor s Liens...136 General Retaining Lien...137 Particular Lien or Special Lien on the Fruits of the Action...139 Charging Orders: Section 34(1) of the Solicitor s Act... 139 Can a Lien or Charging Order be Obtained Against Future Proceeds of Litigation?...140 v
Part II: Regional Information...141 1. Superior Court of Justice All Regions...141 Rule 39 and 41: Case Management...141 Consolidated Provincial Practice Direction...147 Part I: Family Proceedings in the Superior Court of Justice... 147 Part II: Proceedings Under the Class Proceedings Act, 1992... 152 Part III: Civil and Family Motions Procedure... 154 Part IV: Judicial Management of all Civil Proceedings not governed by Rule 77 of the Rules of Civil Procedure...155 Part V: General Practice Directions Applicable to all Proceedings... 156 Publication Ban Requests in the Superior Court of Justice...162 Superior Court of Justice Video Conferencing Pilot Project...162 2. Superior Court of Justice Central East Region...175 Consolidated Practice Direction Concerning Family Cases in Central East Region...176 Part 1: Confirmations... 177 Part 2: Adjournments... 177 Part 3: First Appearance... 178 Part 4: Conferences... 178 Part 5: Motions...180 Part 6: Trials and Trial Records... 182 Part 7: Uncontested Trials... 182 Regional Calendar...184 3. Superior Court of Justice Central South...187 Consolidated Practice Direction for the Central South Region...188 Part I: General... 189 Part II: Family Proceedings... 189 Part III: Criminal Proceedings... 196 Regional Calendar...223 4. Superior Court of Justice Central West...213 Consolidated Practice Direction for the Central West Region...215 Part I: Family Proceedings... 215 Part II: Civil Proceedings... 219 Part III: Criminal Proceedings... 222 Regional Calendar...223 5. Superior Court of Justice East...227 Rule 42: Appointment of Family Case Manager in Ottawa...227 Consolidated Practice Direction for the East Region...234 Part I: Family Proceedings... 235 Part II: Civil Proceedings... 235 vi
Part III: Criminal Proceedings... 235 Practice Direction Regarding Family Cases in the Superior Court of Justice East Region...236 Regional Calendar...240 6. Superior Court of Justice Northeast...245 Consolidated Practice Direction for the Northeast Region...246 Part I: Family Proceedings... 247 Part II: Criminal Proceedings... 247 Part III: Civil Proceedings... 247 Consolidated Practice Direction Concerning Family Cases in the Northeast Region...248 Regional Calendar...250 7. Superior Court of Justice Northwest...255 Consolidated Practice Direction for the Northwest Region...255 Part I: All Proceedings...256 Part II: Family Proceedings... 257 Part III: Criminal Proceedings... 257 Consolidated Practice Direction Concerning Family Cases in the Northwest Region...257 Regional Calendar...262 8. Superior Court of Justice Southwest...265 Consolidated Practice Direction for the Southwest Region...267 Part I: Civil Proceedings... 267 Part II: Family Proceedings... 269 Part III: Additional Provisions Regarding the Unified Family Court London...271 Part IV: Commercial Proceedings in London... 272 Part V: Additional Provisions Regarding Contested Estate Matters including a Contested Passing of Accounts...273 Part VI: Forms... 274 Regional Calendar...275 9. Superior Court of Justice Toronto...283 Dispute Resolution Officers...284 Consolidated Practice Direction Concerning Family Cases in the Toronto Region...285 Part I: Confirmations... 286 Part II: Motions...286 Regional Calendar...288 Practice Directions of Justice Paisley...290 10. Superior Court of Justice Divisional Court...295 Sitting Dates...295 vii
Consolidated Practice Direction for Divisional Court Proceedings...296 Part I: Proceedings to be heard by a Single Judge...296 Part II: Factums in the Divisional Court...297 Part III: Books of Authorities... 297 Part IV: Filing Electronic Versions of Documents in Civil Appeals and Judicial Review Applications...298 Part V: Judges Book of Authorities... 301 Part VI: Regional Centres for Divisional Court Filings... 224 11. Ontario Court of Justice...305 Rule 40: Case Management... 305 Practice Direction regarding the Integrated Domestic Violence Court at 311 Jarvis Street, Toronto... 307 12. Court of Appeal...309 Practice Direction Concerning Civil Appeals in the Court of Appeal...309 Contact Information...331 Part III: Substantive Law...333 1. Child Support Tables and Schedules...333 2. Reference Guide to the Spousal Support Advisory Guidelines...363 Index...371 viii