Family Law Rules – Application of Procedural Rules PDF

Week 11: Family Law Rules - Application of Procedural Rules – Part 2 LAWS 221 – f2024 Centennial College Overview of This Week 1. Learning Objectives and Content for This Week 2. Important Tips and Questions re: Assignment 2 Learning Objectives 1. Apply substantive knowledge from t...

Week 11: Family Law Rules - Application of Procedural Rules – Part 2 LAWS 221 – f2024 Centennial College Overview of This Week 1. Learning Objectives and Content for This Week 2. Important Tips and Questions re: Assignment 2 Learning Objectives 1. Apply substantive knowledge from the course to various case scenarios 2. Discuss case management and steps in a family court case (fast and standard track) 3. Discuss procedure/documents used in a standard track case and case conference Rule 17 - Conferences Three Types of Conferences: 1. Case Conference 2. Settlement Conference 3. Trial Management Conference Rule 17 – Conference 17 (4.1) A party who asks for a conference shall serve and file a Form 17 - Conference Notice. Rule 17 – Conference 17 (13) Each party shall, within the times required under subrule (13.1), serve and file the following documents for the purposes of a conference: 1. For a case conference, a case conference brief (Form 17A or 17B). 2. For a settlement conference, a settlement conference brief (Form 17C or 17D). 3. For a trial management conference held in the Ontario Court of Justice, a trial management conference brief (Form 17E). Rule 17 – Conference 4. For a trial management conference held in the Superior Court of Justice or the Family Court of the Superior Court of Justice, the following documents, subject to paragraph 5: i. The trial scheduling endorsement form referred to in clause (8) (a.1), completed by the parties and endorsed by the court, if it has not already been filed. ii. An offer to settle all outstanding claims in the case. iii. An outline of the party’s opening statement. 5. For a trial management conference held in the Superior Court of Justice or the Family Court of the Superior Court of Justice in relation to a case to which subrule (11) does not apply by virtue of subrule (11.2), a trial management conference brief (Form 17E). Rule 17 – Conference 17(13.1) – Time for Service of Briefs Party requesting conference or Applicant – serve and file not later than 6 days before the conference Other party – serve and file not later than 4 days before the conference Rule 17 – Conference 17(14) – Parties to Confirm Attendance Give a copy of Form 17F (Confirmation of Conference) to every other party using mail, fax, email or any other method, except in a child protection case Give the clerk the Form 17F not later than 2 p.m. three days before the date scheduled for the conference by, (i) delivering it to the court office, or (ii) sending it by email, or (iii) submitting it through the Justice Services Online website referred to in subrule 1.1 (1). Rule 18 – Offers to Settle A party may serve an offer to settle on any other party An offer shall be signed personally by the party making it and also by the party’s lawyer, if any An offer can be withdrawn through a notice of withdrawal any time before the offer is accepted Confidential Cost consequences Rule 25 – Orders The party in whose favour an order is made is required to prepare a draft of the order Rule 1.1 – Electronic Filing and Issuance of Documents 1.1 (1) Except as otherwise provided by this rule, any document that may or must be filed under these rules may be filed electronically in accordance with this rule by use of the software authorized by the Ministry of the Attorney General for the purpose and available on the Internet through Justice Services Online, if the software provides for the electronic filing of the document. Rule 1.1 – Electronic Filing and Issuance of Documents How it works: You must complete, sign, date and commission the document as required Save each completed document individually as a PDF Rule 1.1 – Electronic Filing and Issuance of Documents How it works: Naming requirements – the document name must indicate the following information: Document type (including form number) Type of party submitting the document Name of the party submitting the document Date on which the document was created or signed (DD-MMM-YYYY) E.g. Financial Statement Form 13.1 – Applicant – K Ladha – 10-NOV-2021 Rule 1.1 – Electronic Filing and Issuance of Documents (3) Except as otherwise provided by this rule, any document that may or must be issued under these rules may be issued electronically by use of the software authorized by the Ministry of the Attorney General for the purpose, if the software provides for the electronic issuance of the document. Rule 1.1 – Electronic Filing and Issuance of Documents (4) Despite subrules (1) and (3), a document submitted to the authorized software for electronic filing or issuance is not filed or issued for the purposes of these rules unless the filing or issuance of the document is confirmed in writing by the authorized software or by the clerk, and is considered to have been filed or issued on the date indicated for the document in the confirmation. Procedural Rules – Exercise 3 Tiger and Alana were married on January 1, 2010. There are two children of this marriage. Alana gave up her modelling career shortly before the birth of their first child, and has been home since that time raising their children. Tiger and Alana live in Barrie, Ontario. After over 10 years of marriage, they decide to separate and Tiger moves to Europe, leaving Alana in Barrie with the children. Alana has retained a lawyer, and has informed her that she would like decision making responsibility and parenting time, child support, and spousal support. Procedural Rules – Exercise 3 1) Name the court in which the case is to proceed. 2) What document must Alana’s lawyer complete to START this court case. 3) What form of service must be used to serve these documents on Tiger? Provide two examples of this type of service. 4) Name the “track” that this case will proceed along in the court system. 5) What are the parties required to attend within 45 days after a case is started? What is the purpose of this session? 6) If Tiger would like to respond, what form must he serve on Alana and within how many days? Review of Procedural Rules – Lets Put it All Together Questions re: Assignment 2