|
|
Kristy Maurina, Partner
MacDonald & Partners LLP
It’s time for some amendments!
On January 22, 2025, the most recent round of amendments to the Family Law Rules came into force.
For family lawyers, our Family Law Rules cover proceedings in the Family Court of the Superior Court of Justice, the Superior Court of Justice and the Ontario Court of Justice and are the backbone of proceedings. They cover everything from (in a nowhere near exhaustive list) how to start and respond to a proceeding (Rules 8 and 10), who the parties are (Rule 7), financial and document disclosure (Rules 13 and 19), motions (Rule 14), conferences (Rule 17), offers to settle (Rule 18), evidence and trial (Rule 23), costs (Rule 24), the primary objective (Rule 2), and the ever so popular Rule 1(8), that deals with failure to obey a court order.
The most recent amendments deal with the following:
Amendments to Rules 18 (offers) and 24 (costs). Notably, Rules 18(14) – cost consequences of a failure to accept and offer, (15) – cost consequences – burden of proof, and (16) – costs – discretion of court, have been revoked and relocated to Rule 24 with some changes, solidifying further the ultimate discretion of judges to deal with the issue of costs. On this same theme, Rule 24 has been amended and includes additions such as requiring parties to confer about costs before each step in a case and requirements for costs submissions.
A new Rule 43 has been added dealing entirely with binding judicial dispute resolution (“JDR”). The purpose of the Rule is to establish a binding JDR process in order to:
(a) Allow parties to choose a summary process as an alternative to a trial; and,
(b) Permit a judge in a single hearing to (i) assist parties in resolving issues on a final basis and consent, and (ii) finally determine, in a summary manner, any issues that are not resolved.
There are preconditions to requesting a JDR hearing and a party cannot withdraw their consent to the JDR process once ordered, except with the written consent of all parties or a court order.
Rule 42 has been amended to remove the restriction of the Rule to the Family Court of the Superior Court of Justice, Ottawa.
This article is authored by Kristy Maurina, Partner, MacDonald & Partners LLP. The content featured, including information and opinions provided by the author, is that of the author and does not represent or embody any official position of, or statement by, the Law Society of Ontario, except where specifically indicated, nor should it be understood as providing definitive practice standards, legal advice, or any other professional advice. The Law Society of Ontario does not warrant the current or future accuracy of the content and expressly disclaims responsibility for any errors and omissions, including inaccuracies that may result due to developments in law or in any other area of professional practice and standards.
Copyright in the CPD Chronicles Newsletter, in the format provided and as a compilation, is owned by the Law Society of Ontario. Copyright in this article, as an individual work, is owned by its author(s). No user of this article may sell, republish, copy, reproduce, modify, or distribute the article or any portion thereof without the prior written permission of the Law Society of Ontario and other applicable copyright holder(s).
© 2025 All Rights Reserved
