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: