RULE 7: PARTIES

WHO ARE PARTIES — CASE

7. (1) A person who makes a claim in a case or against whom a claim is made in a case is a party to the case. O. Reg. 114/99, r. 7 (1).

WHO ARE PARTIES — MOTION

(2) For purposes of a motion only, a person who is affected by a motion is also a party, but this does not apply to a child affected by a motion relating to custody, access, child protection, adoption or child support. O. Reg. 114/99, r. 7 (2).

PERSONS WHO MUST BE NAMED AS PARTIES

(3) A person starting a case shall name,

(a) as an applicant, every person who makes a claim;

(b) as a respondent,

(i) every person against whom a claim is made, and

(ii) every other person who should be a party to enable the court to decide all the issues in the case. O. Reg. 114/99, r. 7 (3).

PARTIES IN CASES INVOLVING CHILDREN

(4) In any of the following cases, every parent or other person who has care and control of the child involved, except a foster parent under the Child and Family Services Act, shall be named as a party, unless the court orders otherwise:

1. A case about custody of or access to a child.

2. A child protection case.

3. A secure treatment case (Part VI of the Child and Family Services Act). O. Reg. 114/99, r. 7 (4).

PARTY ADDED BY COURT ORDER

(5) The court may order that any person who should be a party shall be added as a party, and may give directions for service on that person. O. Reg. 114/99, r. 7 (5).

PERMANENT CASE NAME AND COURT FILE NUMBER

(6) The court file number given to a case and the description of the parties as applicants and respondents in the case shall remain the same on a motion to change an order, a status review application, an enforcement or an appeal, no matter who starts it, with the following exceptions:

1. In an enforcement of a payment order, the parties may be described instead as payors, recipients and garnishees.

2. In an appeal, the parties shall also be described as appellants and respondents.

3. When a case is transferred to another municipality, it may be given a new court file number. O. Reg. 114/99, r. 7 (6).

RULE 8: STARTING A CASE

FILING AN APPLICATION

8. (1) To start a case, a person shall file an application (Form 8, 8A, 8B, 8C, 8D or 8D.1) and, if required, a summary of court cases (Form 8E). O. Reg. 114/99, r. 8 (1); O. Reg. 337/02, s. 1.

CHANGE TO ORDER OR AGREEMENT — BY MOTION

(2) A party who wants to ask the court to change an order or agreement shall do so only by a motion under rule 15 (except in a status review application under the Child and Family Services Act, to which that rule does not apply). O. Reg. 114/99, r. 8 (2).

CLAIMS IN APPLICATION

(3) An application may contain,

(a) a claim against more than one person; and

(b) more than one claim against the same person. O. Reg. 114/99, r. 8 (3).

COURT DATE SET WHEN APPLICATION FILED

(4) When an application is filed, the clerk shall,

(a) set a court date, except as provided by subrule 39 (7) (case management, standard track); and

(b) seal the application with the court seal. O. Reg. 114/99, r. 8 (4).

Note: On July 1, 2004, subrule (4) is amended by adding “and subrule 41 (4) (case management, clerk’s role)” after “subrule 39 (7) (case management, standard track)”. See: O. Reg. 89/04, ss. 2, 18.

SERVICE OF APPLICATION

(5) The application shall be served immediately on every other party, and special service shall be used unless the party is listed in subrule (6). O. Reg. 114/99, r. 8 (5).

SERVICE ON OFFICIALS, AGENCIES, ETC.

(6) The application may be served by regular service,

(a) on a foster parent, at the foster parent’s residence;

(b) on a representative of a band or native community, by serving the chief or other person who appears to be in charge of its management;

1. A Director appointed under section 5 of the Child and Family Services Act.

2. A local director appointed under section 16 of the Child and Family Services Act.

3. An administrator in charge of a secure treatment program under Part VI of the Child and Family Services Act.

4. A children’s aid society.

5. The Minister of Community and Social Services.

6. An agency referred to in subsection 33 (3) of the Family Law Act or subsection 20.1 (1) of the Divorce Act (Canada).

7. The Director of the Family Responsibility Office.

8. The Children’s Lawyer.

9. The Public Guardian and Trustee.

10. The Registrar General. O. Reg. 114/99, r. 8 (6).

SERVING PROTECTION APPLICATION ON CHILD

(7) In a child protection case in which the child is entitled to notice, the application shall be served on the child by special service. O. Reg. 114/99, r. 8 (7).

SERVING SECURE TREATMENT APPLICATION ON CHILD

(8) An application for secure treatment (Part VI of the Child and Family Services Act) shall be served on the child by special service. O. Reg. 114/99, r. 8 (8).

SERVING APPLICATION ON CHILD’S LAWYER

(9) If an order has been made for legal representation of a child under section 38 or subsection 114 (6) of the Child and Family Services Act or under subrule 4 (7), the applicant, or another party directed by the court, shall serve all documents in the continuing record and any status review application on the child’s lawyer by regular service. O. Reg. 114/99, r. 8 (9).

SERVING PROTECTION APPLICATION BEFORE START OF CASE

(10) If a child is brought to a place of safety (section 40, 42 or 43 of the Child and Family Services Act) or a homemaker remains or is placed on premises (subsection 78 (2) of that Act), an application may be served without being sealed by the clerk, if it is filed on or before the court date. O. Reg. 114/99, r. 8 (10).

APPLICATION NOT SERVED ON OR BEFORE COURT DATE

(11) If an application is not served on a respondent on or before the court date, at the applicant’s request the clerk shall set a new court date for that respondent and the applicant shall make the necessary change to the application and serve it immediately on that respondent. O. Reg. 114/99, r. 8 (11).

Note: On July 1, 2004, the Regulation is amended by adding the following rule: