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Hi All
In case someone did not notice like me (I am kind of retiring now
) there is number of changes to the FLR came into the affect this January.
NOTICE TO PROFESSION
CHANGES TO THE FAMILY LAW RULES
IN FORCE JANUARY 1, 2014
Please note that O. Reg. 322/13 will come into force on January 1, 2014. In summary, these regulations make the following changes to the Family Law Rules:
• Rules 1, 10, 13, 15, 19, 24, 25 and 27 have been amended in order to consolidate the rules relating to the power of the court to enforce the rules or court orders. Most of these powers have now been consolidated in Rule 1 including the consequences of failing to obey a court order, or failing to obey the rules of court as well as the consequences of striking out certain documents.
• Rule 4 has been amended to provide subrules regarding limited scope retainers.
• Rules 5, 6, 9, 14, 23, 27, 29 30 and 31 have been amended to clarify and streamline the procedure regarding enforcement proceedings by the Family Responsibility Office and the obligations in relation to that office.
• Rule 42 has been amended to clarify the powers of the Ottawa Family Case Manager for failure to obey the rules or a court order made by the Manager and to provide for an extension of the term for the Family Case Manager.
• Form 4 – Notice of Change in Representation has been updated
A further explanation of the changes is set out below. Please note that this explanation is not intended to be a substitute for reading the Family Law Rules and these amendments in their entirety.
Rules 1, 10, 13, 14, 15, 19 and 24, 25 and 27
• The powers of the court to enforce orders, which were found throughout the Family Law Rules, have now largely been consolidated into amended subrule 1(8), and new subrules 1(8.1), (8.2), (8.3) and (8.4).
o Subrule 8 provides a more detailed set of rules for a party’s failure to obey an order.
o Subrule 8.1 provides that the remedial powers of the court set out in subrule 8 shall also apply in the event that a party fails to follow the rules except that a court may not make a contempt order in this circumstance.
o Subrule 8.2 sets out the courts power to strike documents that may delay proceedings or are inflammatory, a waste of time, a nuisance or an abuse of process.
o Subrule 8.3 provides that a court may make an order under 8, 8.1 or 8.2 at any time in the proceedings unless the rules expressly provide otherwise.
o Subrule 8.4 sets out the consequences of striking out a party’s application, answer, motion to change or response to motion to change.
• Rules 10, 13, 14, 15, 19, 24, 25 and 27 have been amended such that the provisions which have been made redundant as a result of the changes to Rule 1 have been revoked and some of the provisions have been revised so that reference is made to the powers of the court under Rule 1.
Rule 4
• Rule 4 has been amended to provide rules governing limited scope retainers. Rule 4 sets out a definition of limited scope retainers and affirms that a party may be represented by a lawyer under a limited scope retainer. It further provides that a party who is represented by a lawyer under a limited scope retainer is considered to be acting in person unless the lawyer is acting as the party’s lawyer of record.
• Consequently Form 4 is amended to create a category of acting in person.
• Subrule 31(2) has been amended so that a notice of contempt motion is to be served in accordance with subrule 6(4).
Rule 42
• Subrule 42(8) has been amended to provide that a Family Case Manager has, subject to subclause 42(5)(d)(iv), the powers set out in revised subrules 1(8) (other than a contempt order), 1(8.1), 1(8.2) and 1(8.4).
• Subrule 42(19) has been amended to extend the term for the Family Case Manager for a further two years, until June 2016.
Rules 5, 6, 14, 23, 27, 29, 30 and 31
• Clause (c) of subrule 5(5) has been amended to provide that the person enforcing can choose to have the enforcement hearing in the municipality where the payor resides.
• Subrule 6(15) has been amended to provide that motions for substituted service against a government agency must be made on notice.
• Clause (e) of subrule 14(6) has been amended to expand the class of cases under the Family Responsibility and Support Arrears Enforcement Act, 1996 which do not require a case conference before the scheduling of a motion to include the enforcement of arrears under a support order, or an alternative payment order.
• Subrule 23(3) has been amended to provide that a summons to a witness must be served by special service in accordance with subrule 6(4).
• Subrule 27(12) has been amended to clarify that a summons to attend a financial examination being served on someone other than the payor must be served in accordance with subrule 6(4).
• Subrule 29(12) has been amended to reflect an amendment to provisions of the Creditor’s Relief Act which is referred to therein.
• Subrule 30(2) has been amended so that service of a notice of default hearing and motion materials in support of an order for the issuance of a Warrant of Committal is to be served by special service in accordance with subrule 6(4).
Hope that helps. I like new 1.8 Rule. It;s going to be handy in coming motion...
Regards,
WD
In case someone did not notice like me (I am kind of retiring now
) there is number of changes to the FLR came into the affect this January.NOTICE TO PROFESSION
CHANGES TO THE FAMILY LAW RULES
IN FORCE JANUARY 1, 2014
Please note that O. Reg. 322/13 will come into force on January 1, 2014. In summary, these regulations make the following changes to the Family Law Rules:
• Rules 1, 10, 13, 15, 19, 24, 25 and 27 have been amended in order to consolidate the rules relating to the power of the court to enforce the rules or court orders. Most of these powers have now been consolidated in Rule 1 including the consequences of failing to obey a court order, or failing to obey the rules of court as well as the consequences of striking out certain documents.
• Rule 4 has been amended to provide subrules regarding limited scope retainers.
• Rules 5, 6, 9, 14, 23, 27, 29 30 and 31 have been amended to clarify and streamline the procedure regarding enforcement proceedings by the Family Responsibility Office and the obligations in relation to that office.
• Rule 42 has been amended to clarify the powers of the Ottawa Family Case Manager for failure to obey the rules or a court order made by the Manager and to provide for an extension of the term for the Family Case Manager.
• Form 4 – Notice of Change in Representation has been updated
A further explanation of the changes is set out below. Please note that this explanation is not intended to be a substitute for reading the Family Law Rules and these amendments in their entirety.
Rules 1, 10, 13, 14, 15, 19 and 24, 25 and 27
• The powers of the court to enforce orders, which were found throughout the Family Law Rules, have now largely been consolidated into amended subrule 1(8), and new subrules 1(8.1), (8.2), (8.3) and (8.4).
o Subrule 8 provides a more detailed set of rules for a party’s failure to obey an order.
o Subrule 8.1 provides that the remedial powers of the court set out in subrule 8 shall also apply in the event that a party fails to follow the rules except that a court may not make a contempt order in this circumstance.
o Subrule 8.2 sets out the courts power to strike documents that may delay proceedings or are inflammatory, a waste of time, a nuisance or an abuse of process.
o Subrule 8.3 provides that a court may make an order under 8, 8.1 or 8.2 at any time in the proceedings unless the rules expressly provide otherwise.
o Subrule 8.4 sets out the consequences of striking out a party’s application, answer, motion to change or response to motion to change.
• Rules 10, 13, 14, 15, 19, 24, 25 and 27 have been amended such that the provisions which have been made redundant as a result of the changes to Rule 1 have been revoked and some of the provisions have been revised so that reference is made to the powers of the court under Rule 1.
Rule 4
• Rule 4 has been amended to provide rules governing limited scope retainers. Rule 4 sets out a definition of limited scope retainers and affirms that a party may be represented by a lawyer under a limited scope retainer. It further provides that a party who is represented by a lawyer under a limited scope retainer is considered to be acting in person unless the lawyer is acting as the party’s lawyer of record.
• Consequently Form 4 is amended to create a category of acting in person.
• Subrule 31(2) has been amended so that a notice of contempt motion is to be served in accordance with subrule 6(4).
Rule 42
• Subrule 42(8) has been amended to provide that a Family Case Manager has, subject to subclause 42(5)(d)(iv), the powers set out in revised subrules 1(8) (other than a contempt order), 1(8.1), 1(8.2) and 1(8.4).
• Subrule 42(19) has been amended to extend the term for the Family Case Manager for a further two years, until June 2016.
Rules 5, 6, 14, 23, 27, 29, 30 and 31
• Clause (c) of subrule 5(5) has been amended to provide that the person enforcing can choose to have the enforcement hearing in the municipality where the payor resides.
• Subrule 6(15) has been amended to provide that motions for substituted service against a government agency must be made on notice.
• Clause (e) of subrule 14(6) has been amended to expand the class of cases under the Family Responsibility and Support Arrears Enforcement Act, 1996 which do not require a case conference before the scheduling of a motion to include the enforcement of arrears under a support order, or an alternative payment order.
• Subrule 23(3) has been amended to provide that a summons to a witness must be served by special service in accordance with subrule 6(4).
• Subrule 27(12) has been amended to clarify that a summons to attend a financial examination being served on someone other than the payor must be served in accordance with subrule 6(4).
• Subrule 29(12) has been amended to reflect an amendment to provisions of the Creditor’s Relief Act which is referred to therein.
• Subrule 30(2) has been amended so that service of a notice of default hearing and motion materials in support of an order for the issuance of a Warrant of Committal is to be served by special service in accordance with subrule 6(4).
Hope that helps. I like new 1.8 Rule. It;s going to be handy in coming motion...
Regards,
WD