RULE 8.1: MANDATORY INFORMATION PROGRAM IN THE SUPERIOR COURT OF JUSTICE IN TORONTO

APPLICATION OF RULE

8.1 (1) This rule applies to,

(a) divorce cases started in the Superior Court of Justice in Toronto after July 1, 1998 in which any claim, other than a divorce, costs and the incorporation of the terms of an agreement or prior court order, is made; and

(b) cases governed by Parts I, II and III of the Family Law Act and Part III of the Children’s Law Reform Act and started in the Superior Court of Justice in Toronto after July 1, 1998 in which any claim, other than costs, the incorporation of the terms of an agreement or prior court order and change of the terms of a final order, is made. O. Reg. 89/04, s. 3.

EXCEPTION

(2) Subrules (4) to (7) do not apply to,

(a) a person or agency referred to in subsection 33 (3) of the Family Law Act;

(b) the Director of the Family Responsibility Office. O. Reg. 89/04, s. 3.

CONTENT OF PROGRAM

(3) The program referred to in this rule shall provide parties to cases referred to in subrule (1) with information about separation and the legal process, and may include information on topics such as,

(a) the options available for resolving differences, including alternatives to going to court;

(b) the impact the separation of parents has on children; and

ATTENDANCE COMPULSORY

(4) Each party to a case shall attend the program no later than 45 days after the caseis started. O. Reg. 89/04, s. 3.

APPOINTMENTS TO ATTEND

(5) The applicant shall arrange his or her own appointment to attend the program, obtain an appointment for the respondent from the person who conducts the program, and serve notice of the respondent’s appointment with the application. O. Reg. 89/04, s. 3.

CERTIFICATE

(6) The person who conducts the program shall provide for each party who attends a certificate of attendance, which shall be filed as soon as possible, and in any event not later than 2 p.m. on the second day before the day of the case conference, if one is scheduled. O. Reg. 89/04, s. 3.

NO OTHER STEPS

(7) A party shall not take any step in the case before his or her certificate of attendance is filed, except that a respondent may serve and file an answer and a party may make an appointment for a case conference. O. Reg. 89/04, s. 3.

EXCEPTION

(8) The court may, on motion, order that any or all of subrules (4) to (7) do not apply to the party because of urgency or hardship or for some other reason in the interest of justice. O. Reg. 89/04, s. 3.

REVOCATION

(9) This rule is revoked on December 31, 2007. O. Reg. 89/04, s. 3.

See: O. Reg. 89/04, ss. 3, 18.

RULE 9: CONTINUING RECORD

HOW CONTINUING RECORD CREATED

9. (1) A person starting a case shall,

(a) prepare the continuing record of the case, to be the court’s permanent record of the case;

(b) serve it on all other parties; and

(c) before filing it, add to it the affidavits of service or other documents proving service of the continuing record under clause (b). O. Reg. 114/99, r. 9 (1).

DUTY TO KEEP UP CONTINUING RECORD

(2) Once the continuing record has been filed, the parties, under the clerk’s supervision, are responsible for adding to it all documents that are filed in the case. O. Reg. 114/99, r. 9 (2).

FORM AND COVER

(3) The continuing record shall have a red front cover and be in a form that allows documents to be added to it as this rule requires. O. Reg. 114/99, r. 9 (3).

THREE-HOLE FORMAT

(4) All documents in the continuing record shall be punched in standard three-hole format. O. Reg. 114/99, r. 9 (4).

CONTENTS

(5) The following requirements apply to the contents of the continuing record:

1. First, there shall be a section labelled “Contents”, containing a cumulative table of contents which shall be updated every time a document is filed. The cumulative table of contents shall list every document filed, indicating the tab or page number of the record where the document is found, the kind of document, which party filed it, the date of the document and the date it was filed. For an affidavit or transcript of evidence, the name of the person who gave the affidavit or the evidence shall also be shown.

2. After the first section, there shall be a section labelled “Endorsements” containing 10 blank sheets (or more if necessary), on which the judge dealing with any step in the case shall note the disposition of that step and the date. The court’s file copy of each order made in the case shall be put into the endorsement section after the endorsement pages. If the continuing record has more than one volume, the endorsement section shall be only in the first one.

3. Next there shall be a section labelled “Documents”, containing every document filed in the case arranged in order, with the most recent one at the back. The documents shall be numbered consecutively.

4. If 100 or more sheets have been put into the documents section of a volume of the continuing record, the person filing the next document shall create a new volume. The volume shall be numbered on its front cover and shall contain separate contents and documents sections as provided in paragraphs 1 and 3. O. Reg. 114/99, r. 9 (5); O. Reg. 544/99, s. 4 (1).

WRITTEN REASONS FOR ORDER

(6) If the court gives written reasons for making an order,

(a) they may be endorsed on the continuing record by hand, or the endorsement may be a short note saying that written reasons are being given separately;

(b) the clerk shall add a copy of the reasons to the endorsements section of the continuing record; and

(c) the clerk shall send a copy to the parties by mail, fax or electronic mail. O. Reg. 114/99, r. 9 (6); O. Reg. 544/99, s. 4 (2).

PARTY’S DUTY TO KEEP UP CONTINUING RECORD

(7) A party serving documents shall,

(a) serve and file any documents that are not already in the continuing record; and

(b) serve with the documents an updated cumulative table of contents that lists the documents being filed. O. Reg. 114/99, r. 9 (7).

NO SERVICE OR FILING OF DOCUMENTS ALREADY IN CONTINUING RECORD

(8) A party shall not serve or file any document that is already in the continuing record, despite any requirement in these rules that the document be served and filed. O. Reg. 114/99, r. 9 (8).

DOCUMENTS REFERRED TO BY NUMBER IN CONTINUING RECORD

(9) A party who is relying on a document in the continuing record shall refer to it by its tab or page number in the continuing record. O. Reg. 114/99, r. 9 (9).

DOCUMENTS NOT TO BE REMOVED FROM CONTINUING RECORD

(10) No document shall be removed from the continuing record, except by order. O. Reg. 114/99, r. 9 (10).

USE OF CONTINUING RECORD FOR MATTERS AFTER THE CASE ENDS

(11) If the court has made a final order, any existing continuing record for the case shall continue to be used,

(a) for an enforcement of the order, if the enforcement is started at the court office where the continuing record is kept;

(b) for a motion to change the order, if the motion is started at the court office where the continuing record is kept;

(c) for a status review of a child protection order, if the status review application is started at the court office where the continuing record is kept. O. Reg. 114/99, r. 9 (11).

APPEAL

(12) If a final order is appealed, only the notice of appeal and the order of the appeal court (and no other appeal document) shall be added to the continuing record. O. Reg. 114/99, r. 9 (12).

TRANSFER OF CONTINUING RECORD IF CASE TRANSFERRED

(13) If the court transfers a case to another municipality the clerk shall, on request, transfer the continuing record to the clerk at the court office in the other municipality, and the continuing record shall be used there as if the case had started in the other municipality. O. Reg. 114/99, r. 9 (13).

TRANSFER OF CONTINUING RECORD ON REQUEST

(14) If a person takes a step referred to in subrule (11) in another municipality, the clerk shall, on request, transfer the continuing record to the other municipality and then,

(a) the continuing record may be used as if the case had started in the other municipality; or

(b) a new continuing record may be started there. O. Reg. 114/99, r. 9 (14).

CONTINUING RECORD FOR CONFIRMATION OF SUPPORT ORDER

(15) When a provisional support order or a provisional change to a support order is sent to a court in Ontario for confirmation,

(a) if the provisional order or change was made in Ontario, the clerk shall send the continuing record to the court office where the confirmation is to take place and the respondent shall update it as this rule requires; and

(b) if the provisional order or change was not made in Ontario, the clerk shall prepare the continuing record and the respondent shall update it as this rule requires. O. Reg. 114/99, r. 9 (15).

TRANSITIONAL PROVISION

(16) This rule applies to cases started before these rules come into effect, in the following manner:

1. Any party may at any time prepare, serve and file the continuing record as described in subrule (1). This rule then applies to all documents filed afterward.

2. If neither party has filed the continuing record in accordance with paragraph 1, the first party who files a document after these rules come into effect shall start the continuing record as described in subrule (1). This rule then applies to all documents filed afterward.

3. Despite paragraph 2, the court may free a party from the obligation to start the continuing record, and give other directions about the form and contents of the record for the case. O. Reg. 114/99, r. 9 (16).

Note: On July 1, 2004, Rule 9 is revoked and the following substituted: