| Contents |
|---|
| Part 1 — Interpretation |
| Rule 1-1 — Interpretation |
| | (1) | Definitions |
| | (2) | Interpretation Act and Supreme Court Act |
| | (3) | Titles and headings |
| | (4) | Reference aids |
| Rule 1-2 — Citation and Application |
| | (1) | Citation |
| | (2) | Rules apply to all family law cases |
| | (3) | Waiver of rule by agreement |
| Rule 1-3 — Object of Rules |
| | (1) | Object |
| | (2) | Proportionality |
| Part 2 — Resolving Cases by Agreement |
| Rule 2-1 — Agreements |
| | (1) | Written agreements |
| | (2) | Filing agreements under the Family Law Act |
| | (3) | Enforcing agreements |
| Rule 2-1.1 — Determinations of Parenting Coordinators |
| | (1) | Determination may be filed |
| | (2) | Agreement must be filed |
| | (3) | Filing determinations under the Family Law Act |
| Rule 2-1.2 — Arbitration Awards |
| | (1) | Arbitration awards may be filed |
| | (2) | Filing arbitration awards |
| Rule 2-2 — Joint Family Law Case |
| | (1) | Joint family law case |
| | (2) | Notice of family claim in joint family law case |
| | (3) | Withdrawal from joint family law case |
| | (4) | Claiming additional relief |
| | (5) | Application of rules |
| Rule 2-2.1 — Civil Marriage Act (Canada) |
| | (1) | Application under Part 2 of the Civil Marriage Act (Canada) |
| | (2) | What to file |
| | (3) | Certificate |
| Part 3 — How to Start and Defend a Family Law Case |
| Rule 3-1 — Choosing the Correct Form of Proceeding |
| | (1) | Commencing family law cases by notice of family claim |
| | (2) | Repealed |
| | (2.1) | Joint family law case |
| | (2.2) | When petition must be used |
| | (2.3) | Order for declaration of parentage |
| | (2.4) | When petitions or applications must be used |
| | (3) | Petitions |
| | (4) | Applications and petitions |
| | (4.1) | Filing agreements under the Family Law Act |
| | (4.2) | Style of proceedings if filing of agreement starts family law case |
| | (4.3) | Filing determinations of parenting coordinators |
| | (4.4) | Filing a requisition to appoint a litigation representative |
| | (4.5) | Filing arbitration awards under the Family Law Act |
| | (4.6) | Style of proceedings if filing of arbitration award starts family law case |
| | (5) | Joining claims and parties |
| Part 4 — Family Law Cases Started by Filing a Notice of Family Claim |
| Rule 4-1 — Notice of Family Claim |
| | (1) | Notice of family claim |
| | (2) | Service |
| Rule 4-2 — Serving and Renewing the Notice of Family Claim |
| | (1) | Renewal of original notice of family claim |
| | (2) | Further renewal of notice of family claim |
| | (3) | When renewal period begins |
| | (4) | After renewal of notice of family claim |
| Rule 4-3 — Responding to a Notice of Family Claim |
| | (1) | Filing a response to family claim |
| | (2) | No notice of hearing if no response to family claim |
| Rule 4-4 — Counterclaim |
| | (1) | Counterclaim |
| | (2) | Form of counterclaim |
| | (3) | Counterclaim may include claims against persons other than the claimant |
| | (4) | Service required |
| | (5) | Parties against whom relief is sought must respond |
| | (6) | No notice of hearing if no response to counterclaim |
| | (7) | If family law case stayed or discontinued |
| | (7.1) | Separate trial of counterclaim |
| | (8) | Judgment |
| Rule 4-5 — Other Rules about Notice of Family Claim Cases |
| | (1) | Person allegedly involved in adultery |
| | (2) | Marriage certificate to be filed |
| | (3) | Withdrawal |
| Rule 4-6 — Pleadings Generally |
| | (1) | Inconsistent allegations |
| | (2) | Alternative allegations |
| | (3) | Order for particulars |
| | (4) | Demand for particulars |
| | (5) | Demand for particulars not a stay of proceedings |
| Part 5 — Financial Disclosure |
| Rule 5-1 — Financial Disclosure |
| | (1) | Interpretation |
| | (2) | Application of this rule |
| | (3) | Numbering applicable income documents |
| | (4) | Who must provide Part 1 of a Form F8 financial statement |
| | (5) | Who must provide Parts 2 and 3 of a Form F8 financial statement |
| | (6) | If special or extraordinary expenses are claimed |
| | (7) | If undue hardship is claimed |
| | (8) | Agreement avoids need for documents |
| | (9) | Who must provide income documents |
| | (10) | Who must provide Part 3 of a Form F8 financial statement |
| | (11) | When party must file and serve documents |
| | (12) | Assessment notice to be included |
| | (13) | Particulars may be demanded |
| | (14) | Court may order particulars |
| | (15) | Information must be kept current |
| | (16) | Additional documents |
| | (17) | If written statement or particulars provided |
| | (18) | Updated statements |
| | (19) | Production of documents |
| | (20) | Responding to demand |
| | (21) | Request to corporation, partnership or proprietorship |
| | (22) | Production required |
| | (23) | Application to court for directions |
| | (24) | Application to court for exemption |
| | (25) | Application by person authorized |
| | (26) | Court may order exemption |
| | (27) | Costs |
| | (28) | Relief |
| | (29) | Confidentiality |
| | (30) | Sealing of financial information |
| | (31) | Child support guidelines prevail |
| | (32) | No conflict |
| Part 6 — Service |
| Rule 6-1 — Address for Service |
| | (1) | Required addresses for service of party represented by lawyer |
| | (1.1) | Required addresses for service of unrepresented party |
| | (2) | Additional addresses for service |
| | (3) | Change of address for service |
| Rule 6-2 — Ordinary Service |
| | (1) | Documents normally to be served by ordinary service |
| | (2) | How to serve documents by ordinary service |
| | (3) | When service by delivery is deemed to be completed |
| | (4) | When service by mail is deemed to be completed |
| | (5) | When documents may be served by fax |
| | (6) | When service by fax or e-mail is deemed to be completed |
| | (7) | If no address for service given |
| | (8) | Request for copy of document served by e-mail |
| Rule 6-3 — Personal Service |
| | (1) | When documents must be served by personal service |
| | (2) | How to serve documents by personal service |
| | (3) | Service on Attorney General |
| | (4) | When personal service is deemed to be completed |
| | (5) | Date of deemed service |
| Rule 6-4 — Alternative Methods of Service |
| | (1) | Alternative service methods |
| | (2) | If an alternative service method is permitted |
| | (3) | Service by advertisement |
| Rule 6-5 — Service Outside British Columbia |
| | (1) | Service outside British Columbia without leave |
| | (2) | Application for leave to serve outside the jurisdiction |
| | (3) | Applications may be made without notice |
| | (4) | Service of order and related documents |
| | (5) | If service without leave valid |
| | (6) | Contract containing terms for service |
| | (7) | Contract does not invalidate effective service |
| | (8) | Definition |
| | (9) | Manner of service abroad |
| | (10) | Proof of service abroad |
| | (11) | Forms |
| | (12) | Certificate |
| Rule 6-6 — Proving Service |
| | (1) | Proof of service |
| | (2) | Proof of service by sheriff |
| | (3) | Service on member of Canadian Armed Forces |
| | (4) | Admissibility of other evidence of service |
| Rule 6-7 — Relief |
| | (1) | If service is alleged to be ineffective |
| Part 7 — Conferences |
| Rule 7-1 — Judicial Case Conference |
| | (1) | Requesting a judicial case conference |
| | (2) | Requirement to hold judicial case conference |
| | (3) | Applications that may be brought before a judicial case conference |
| | (4) | Court may relieve party from requirement of subrule (2) |
| | (5) | How to apply for relief |
| | (6) | Powers of the court |
| | (7) | How to request a judicial case conference |
| | (8) | What must be served if judicial case conference is requested |
| | (9) | Court may require a judicial case conference |
| | (10) | Form F8 financial statement must be filed before judicial case conference |
| | (11) | Other parties must file and serve Form F8 financial statement |
| | (12) | Judicial case conference must be conducted by judge or associate judge |
| | (13) | Who must attend the judicial case conference |
| | (13.1) | Application must be made by requisition |
| | (14) | Absent parties must be available and accessible by telephone or other means |
| | (15) | What happens at the judicial case conference |
| | (16) | Non-attendance at judicial case conference |
| | (17) | Judge or associate judge may be seized of further applications |
| | (18) | Other judges or associate judges may hear applications |
| | (19) | Proceedings must be recorded |
| Rule 7-2 — Settlement Conferences |
| | (1) | Settlement conference |
| | (2) | Proceedings must be recorded |
| | (3) | When judge must not preside |
| Part 7.1 — Case Planning |
| Rule 7.1-1 — Case Planning Conferences |
| | (1) | Case planning conference may be requested |
| | (2) | Case planning conference may be directed |
| | (3) | Time for service of notice |
| | (4) | Application must be made by requisition |
| | (5) | Case plan proposal required |
| | (6) | Contents of case plan proposal |
| Rule 7.1-2 — Conduct of Case Planning Conference |
| | (1) | Case planning conference must be conducted by judge or associate judge |
| | (2) | Who must attend |
| | (3) | Method of attendance |
| | (4) | Application must be made by requisition |
| | (5) | Considerations of the court |
| | (6) | Non-attendance at case planning conference |
| | (7) | Proceedings must be recorded |
| Rule 7.1-3 — Case Planning Conference Orders |
| | (1) | Orders |
| | (2) | Prohibited orders |
| | (3) | Case plan order required |
| | (4) | Case plan order |
| | (5) | When approval in writing by lawyer not required |
| | (6) | Consequences of non-compliance |
| | (7) | Application may be made at case planning conference |
| | (8) | Amendments to case plan orders |
| Part 8 — Amendment of Documents and Change of Parties |
| Rule 8-1 — Amendment of Pleadings |
| | (1) | When pleading may be amended |
| | (2) | How amendments made |
| | (3) | Identifying amendments |
| | (4) | Service of amended pleadings |
| | (5) | Response of a party to amended pleading |
| | (6) | Failure to serve amended responding pleading |
| | (7) | Responding to amended pleading |
| | (8) | Amendment at trial |
| Rule 8-2 — Change of Parties |
| | (1) | Party ceasing to exist |
| | (2) | Effect of death |
| | (3) | Assignment or conveyance of interest |
| | (4) | Change or transmission of interest or liability |
| | (5) | Prosecution of family law case if claimant or petitioner dies |
| | (6) | Costs on dismissal |
| | (7) | Adding, removing or substituting parties by order |
| | (8) | Procedure if person added, removed or substituted as named party by order |
| | (9) | Consent required |
| | (10) | Effect of order |
| | (11) | Application without notice |
| Part 9 — Procedures for Obtaining Information and Documents |
| Rule 9-1 — Discovery and Inspection of Documents |
| | (1) | List of documents |
| | (2) | Documents to be enumerated |
| | (3) | Claim for privilege |
| | (4) | Nature of privileged documents to be described |
| | (5) | Affidavit verifying list of documents |
| | (6) | Amending the list of documents |
| | (7) | Party may demand documents required under this rule |
| | (8) | Party may demand additional documents |
| | (9) | Response to demand for documents |
| | (10) | Application for production of documents |
| | (11) | Court may alter requirements |
| | (12) | Inspection of documents |
| | (13) | Copies of documents |
| | (14) | Order to produce document |
| | (15) | Documents not in possession of party |
| | (16) | Order by consent |
| | (17) | Inspection of document by court |
| | (18) | Party may not use document |
| | (19) | Determination of issue before discovery |
| Rule 9-2 — Examinations for Discovery |
| | (1) | Examination of parties |
| | (2) | Limitations |
| | (3) | Considerations of the court |
| | (4) | Oral examination on oath |
| | (5) | Examination of party that is not an individual |
| | (6) | Examination of person for whose benefit family law case brought |
| | (7) | Examination of guardian and infants |
| | (8) | Examination of mentally incompetent person |
| | (9) | Examination of bankrupt |
| | (10) | Place |
| | (11) | Examination before reporter |
| | (12) | Service of notice |
| | (13) | Person must attend examination |
| | (14) | Fees must not be attached |
| | (15) | Production of documents |
| | (16) | Examination and re-examination |
| | (17) | Scope of examination |
| | (18) | Person must inform self |
| | (19) | Response may be provided by letter |
| | (20) | If letter provided |
| | (21) | Objections |
| | (22) | How recorded |
| | (23) | Application to persons outside British Columbia |
| | (24) | Service of order and notice |
| Rule 9-3 — Discovery by Interrogatories |
| | (1) | Party may serve interrogatories by consent or with leave |
| | (2) | If a party is a body of persons |
| | (3) | Powers of court |
| | (4) | Timing of answer to interrogatories |
| | (5) | If more than one person to answer interrogatories |
| | (6) | Objection to answer interrogatory |
| | (7) | Insufficient answer to interrogatory |
| | (8) | Application to strike out interrogatory |
| | (9) | Service of interrogatories on lawyer |
| | (10) | Lawyer must inform |
| | (11) | Continuing obligation to answer |
| Rule 9-4 — Pre-Trial Examination of Witness |
| | (1) | Order for examination |
| | (2) | Expert |
| | (3) | Affidavit in support of application |
| | (4) | Application procedure |
| | (5) | Subpoena |
| | (6) | Identification of documents and objects |
| | (7) | Notice of examination |
| | (8) | Mode of examination |
| | (9) | Time for examination |
| | (10) | Application of examination for discovery rules |
| Rule 9-5 — Physical Examination and Inspection |
| | (1) | Order for medical examination |
| | (2) | Subsequent examinations |
| | (3) | Questions by examiner |
| | (4) | Order for inspection and preservation of property |
| | (5) | Entry on land or building |
| | (6) | Application to persons outside British Columbia |
| Rule 9-6 — Admissions |
| | (1) | Notice to admit |
| | (2) | Effect of notice to admit |
| | (3) | Copy of document to be attached |
| | (4) | Unreasonable refusal to admit |
| | (5) | Withdrawal of admission |
| | (6) | Application for order on admissions |
| Rule 9-7 — Depositions |
| | (1) | Examination of person |
| | (2) | Examination of person |
| | (3) | Grounds for order |
| | (4) | Time limits |
| | (5) | Subpoena |
| | (6) | Identification of documents and objects |
| | (7) | Place of examination |
| | (8) | Application of rule outside British Columbia |
| | (9) | If person willing to testify |
| | (10) | If person not willing to testify |
| | (11) | Letter of request |
| | (12) | Filing of undertaking |
| | (13) | Notice of examination |
| | (14) | Mode of examination |
| | (15) | Objection to question |
| | (16) | Recording of deposition evidence |
| | (17) | Preserving testimony |
| Part 10 — Obtaining Orders Other Than at Trial |
| | Division 1 — Procedure and Affidavits |
| Rule 10-1 — Choosing the Appropriate Procedure |
| | (1) | Application procedure |
| | (2) | Applications for final orders in undefended family law cases |
| | (3) | Applications for final orders in defended family law cases |
| Rule 10-2 — Place Application Is Heard |
| | (1) | Place of hearing of application |
| | (2) | If more than one place |
| | (3) | If place of hearing is a place other than that at which the family law case is being conducted |
| | (4) | Place of hearing of application with leave of registrar |
| | (5) | Notice of application must be endorsed to reflect grant of leave |
| | (6) | If place of hearing is a place chosen with leave of registrar |
| | (7)-(8) | Repealed |
| Rule 10-3 — Chambers Proceedings |
| | (1) | Definition |
| | (2) | Failure of party to attend |
| | (3) | Reconsideration of order |
| | (4) | Evidence on an application |
| | (5) | Hearing of application in public |
| | (6) | Adjournment of application if applications not heard on date set |
| | (7) | Power of the court |
| | (8) | Powers of court if notice not given |
| | (9) | Urgent chambers proceeding |
| | (10) | Adjournment |
| | (11) | Notes of applications |
| Rule 10-4 — Affidavits |
| | (1) | Affidavit to be filed |
| | (2) | Form and content of affidavit |
| | (3) | Identifying affidavits |
| | (4) | Making affidavit |
| | (5) | Statement to be signed |
| | (6) | Statement if person swearing or affirming the affidavit unable to read |
| | (6.1) | Swearing or affirming affidavit by video conference |
| | (7) | Interpretation to person swearing or affirming the affidavit who does not understand English |
| | (8) | Exhibit to be marked |
| | (9) | Exhibits referred to in affidavits |
| | (10) | Numbering exhibit pages |
| | (11) | Alterations to be initialled |
| | (12) | Limitation on contents of affidavit |
| | (13) | Exception |
| | (14) | Use of defective affidavit |
| | (15) | Affidavit made before proceeding started |
| | (16) | Affidavit of patient under the Patients Property Act |
| | Division 2 — Usual Application Procedure |
| Rule 10-5 — Application Procedure |
| | (1) | How applications are to be brought |
| | (2) | Applications brought under this Part |
| Rule 10-6 — Usual Application Procedure |
| | (1) | Definition |
| | (2) | Notice of application |
| | (3) | Contents of notice of application |
| | (4) | Date and time of hearing |
| | (5) | Date and time if hearing time more than 2 hours |
| | (6) | Service of application materials |
| | (7) | Service requirements |
| | (8) | Application response |
| | (8.1) | Time for filing and service |
| | (9) | Contents of application response |
| | (10) | Address for service |
| | (11) | Repealed |
| | (12) | Applicant may respond |
| | (13) | No additional affidavits |
| | (14) | Application record |
| | (14.1) | Additional copy of filed notice of application |
| | (14.2) | Application to be removed from hearing list |
| | (14.3) | Leave to permit late filing of application record |
| | (14.4) | Applicant may apply to reinstate application to hearing list |
| | (14.5) | Order for costs |
| | (14.6) | Form of application |
| | (15) | Service of application record index |
| | (16) | If application respondent's application is to be heard at the hearing |
| | (17) | Application record to be returned |
| | (18) | Application record to be returned to the registry |
| | (19) | Provision of amended application record |
| | (19.1) | Resetting adjourned applications |
| | (20) | Application respondent may apply for directions |
| Rule 10-7 — Consent Applications |
| | (1) | How consent applications are to be brought |
| | (1.1) | Consent applications under this Part |
| | (2) | Consent order |
| | (3) | Disposition of referred applications |
| Rule 10-8 — Applications of Which Notice Is Not Required |
| | (1) | Application of which notice is not required |
| | (2)-(3) | Repealed |
| Rule 10-9 — Urgent Applications |
| | (1) | Short notice |
| | (2) | How to make a short notice application |
| | (3) | Normal time and notice rules do not apply |
| | (4) | Powers of court on short notice application |
| | (5) | Effect of short notice order |
| | (6) | Orders without notice |
| | (7) | Service of orders required |
| | (8) | Setting aside orders made without notice |
| | Division 3 — Procedure for Applications for Final Orders |
| Rule 10-10 — Final Orders in Undefended Family Law Cases |
| | (1) | How to bring applications for judgment in undefended family law case |
| | (2) | How to bring applications by requisition |
| | (3) | When proof of service is not required |
| | (4) | Evidence in undefended family law case if divorce sought |
| | (5) | Powers of court on application |
| Rule 10-11 — Final Orders in Defended Family Law Cases |
| | (1) | Final orders in defended family law cases |
| Part 11 — Pre-Trial Resolution Procedures |
| Rule 11-1 — Offers to Settle |
| | (1) | Definition |
| | (2) | Offer not to be disclosed |
| | (3) | Offer not an admission |
| | (4) | Offer may be considered in relation to costs |
| | (5) | Cost options |
| | (6) | Considerations of court |
| | (7) | Counter offer |
| Rule 11-2 — Striking Documents |
| | (1) | Scandalous, frivolous or vexatious matters |
| | (2) | Admissibility of evidence |
| | (3) | Powers of registrar |
| | (4) | Reconsideration of order |
| Rule 11-3 — Summary Trial |
| | (1) | Definition |
| | (2) | Application |
| | (3) | When application must be heard |
| | (4) | Setting application for hearing |
| | (5) | Evidence on application |
| | (6) | Application of Rule 14-7 |
| | (7) | Application of Rules 13-6 and 13-7 |
| | (8) | Filings with application |
| | (9) | Notice of evidence to be used on application |
| | (10) | Giving notice |
| | (11) | Adjournment or dismissal |
| | (12) | Preliminary orders |
| | (13) | Ancillary or preliminary orders may be made at or before application |
| | (14) | Judge not seized of application |
| | (15) | Judgment |
| | (16) | No further application without leave |
| | (17) | Orders |
| | (18) | Right to vary or set aside order |
| Rule 11-4 — Discontinuance and Withdrawal |
| | (1) | Discontinuance before family law case set for trial |
| | (2) | Discontinuance after family law case set for trial |
| | (3) | Withdrawal by respondent |
| | (4) | Costs and default procedure on discontinuance or withdrawal |
| | (5) | Some costs remain recoverable |
| | (6) | Proceeding after response is withdrawn |
| | (7) | Discontinuance not a defence |
| | (8) | Application to counterclaim and petition |
| Part 12 — Property and Injunctions |
| Rule 12-1 — Detention, Preservation and Recovery of Property |
| | (1) | Property that is the subject matter of a family law case |
| | (2) | Fund that is the subject matter of a family law case |
| | (3) | Allowance of income from property |
| | (4) | Recovery of specific property |
| | (5) | Compensation for wrongful recovery |
| Rule 12-2 — Receivers |
| | (1) | Appointment of receiver |
| | (2) | Form of security |
| | (3) | Remuneration of receiver |
| | (4) | Accounts of receiver |
| Rule 12-3 — Interpleader |
| | (1) | Entitlement to relief by way of interpleader |
| | (2) | Claim to real or personal property taken by sheriff |
| | (3) | Sheriff to deliver notice |
| | (4) | If claim admitted |
| | (5) | Sheriff may apply for interpleader relief |
| | (6) | Mode of application |
| | (7) | Affidavit |
| | (8) | Application for interpleader relief |
| | (9) | Powers of court on hearing application |
| Rule 12-4 — Injunctions |
| | (1) | Applications for pre-trial injunctions |
| | (2) | Applications for pre-trial injunctions before family law case started |
| | (3) | Applications for interim injunctions without notice |
| | (4) | Injunction by court order |
| | (5) | Undertaking as to damages |
| | (6) | Application for injunction after judgment |
| Part 13 — Court Ordered Reports and Expert Witnesses |
| Rule 13-1 — Court Ordered Reports under Section 211 of the Family Law Act |
| | (1) | Report must include address for service |
| | (2) | Permission required to call person who prepares court-ordered report |
| Rule 13-2 — Duty of Expert Witnesses |
| | (1) | Duty of expert witness |
| | (2) | Advice and certification |
| Rule 13-3 — Appointing Joint Expert Witnesses |
| | (1) | Definition |
| | (2) | Joint appointment on financial issues |
| | (3) | Other appointments on non-financial issues |
| Rule 13-4 — Jointly Appointed Experts |
| | (1) | Matters to be settled prior to appointment |
| | (2) | Appointment agreement |
| | (3) | Application to court |
| | (4) | Order |
| | (5) | Role of expert appointed under this rule |
| | (6) | Notice of application |
| | (7) | Additional experts |
| | (8) | Considerations |
| | (9) | Cooperation required |
| | (10) | Cross-examination |
| Rule 13-5 — Appointment of Court's Own Expert |
| | (1) | Appointment of experts by court |
| | (2) | Materials required by court |
| | (3) | Court may name different expert |
| | (4) | Expert must consent |
| | (5) | What court may consider |
| | (6) | Previous report not a bar |
| | (7) | Consequences of court appointment |
| | (8) | Directions to expert |
| | (9) | Contents of order appointing expert |
| | (10) | Remuneration of expert |
| | (11) | Security for remuneration |
| | (12) | Report |
| | (13) | Report must be introduced as evidence |
| Rule 13-6 — Expert Reports |
| | (1) | Requirements for report |
| | (2) | Proof of qualifications |
| | (3) | Service of report |
| | (4) | Service of responding report |
| | (5) | Supplementary report of joint or court-appointed expert |
| | (6) | Supplementary report of own expert |
| | (7) | Requirements for supplementary report |
| | (8) | Production of documents |
| | (9) | Notice of trial date to expert |
| | (10) | Notice of objection to expert opinion evidence |
| | (11) | When objection not permitted |
| Rule 13-7 — Expert Opinion Evidence at Trial |
| | (1) | Admissibility |
| | (2) | When report stands as evidence |
| | (3) | Cross-examination of expert |
| | (4) | Costs of cross-examination |
| | (5) | Restrictions on calling expert as witness at trial |
| | (6) | When court may dispense with requirement of this Part |
| Part 14 — Trial Rules |
| | Division 1 — Application |
| Rule 14-1 — Application |
| | (1) | Application |
| | Division 2 — Setting a Family Law Case for Trial |
| Rule 14-2 — How to Set Trial for Hearing |
| | (1) | Notice of trial |
| | (2) | Content of notice of trial |
| | (3) | Registry |
| | (4) | Place of trial |
| | (5) | When notice of trial must be served |
| | (6) | If trial date unacceptable |
| | (7) | Time of trial |
| | (8) | Court may make orders respecting trial dates |
| | (9) | Duty to inform registry |
| Rule 14-2.1 — Trial Brief |
| | (1) | Claimant must file trial brief |
| | (2) | Other parties must file trial brief |
| | (3) | Claimant may file amended trial brief |
| | (4) | Failure to file or serve trial brief |
| | (5) | Trial removed from trial list |
| | (6) | Witness list must be amended |
| | (7) | Person named in witness list need not testify |
| | (8) | New trial briefs required if trial adjourned |
| Rule 14-3 — Trial Management Conference |
| | (1) | When trial management conference is required |
| | (1.1) | Date and place of trial management conference |
| | (2) | Trial management conference must be conducted by judge or associate judge |
| | (3) | Repealed |
| | (4) | Who must attend the trial management conference |
| | (5) | Non-attendance at trial management conference |
| | (6) | Absent parties must be available and accessible by telephone or other means |
| | (7) | Application must be made by requisition |
| | (8) | Proceedings must be recorded |
| | (9) | Orders at a trial management conference |
| | (10) | When approval in writing by lawyer not required |
| | (11) | Prohibited orders |
| Rule 14-4 — Trial Record |
| | (1) | Trial record for the court |
| | (2) | Powers of registrar respecting trial records |
| | (3) | Filing and service of trial record |
| | (4) | Amended trial record |
| | (5) | When certificate required |
| | (6) | Direction as to trial record |
| Rule 14-5 — Trial Certificate |
| | (1) | Trial certificate |
| | (2) | When trial certificate must be filed |
| | (3) | What trial certificate must contain |
| | (4) | Service |
| | (5) | Failure to file |
| | (6) | Applications prohibited |
| | Division 3 — Conduct of Trial |
| Rule 14-6 — Mode of Trial |
| | (1) | Trial without jury |
| | (2) | Trial of one question before others |
| Rule 14-7 — Evidence and Procedure at Trial |
| | (1) | Application |
| | (2) | Court may vary order |
| | (3) | Failure to prove a material fact |
| | (4) | No evidence application |
| | (5) | Respondent need not elect whether to call evidence |
| | (6) | Insufficient evidence application |
| | (7) | Respondent must elect not to call evidence |
| | (8) | Notice to produce |
| | (9) | Numbering exhibit pages |
| | (10) | Opportunity to inspect exhibit |
| | (11) | Registrar to take charge of exhibits |
| | (12) | Return of exhibits |
| | (13) | Other returns |
| | (14) | Disposal of exhibits after final disposition |
| | (15) | Notice respecting disposal of exhibits before final disposition |
| | (16) | Disposal of exhibits before final disposition |
| | (17) | If exhibit disposed of |
| | (18) | If exhibit destroyed |
| | (19) | "Adverse party" defined |
| | (20) | Adverse witness |
| | (21) | Notice to call adverse witness |
| | (22) | Exceptions |
| | (23) | Application to set notice aside |
| | (24) | Court may make order |
| | (25) | Refusal to comply with notice |
| | (26) | Adverse party as witness may be cross-examined |
| | (27) | Witness to testify orally |
| | (28) | Witness must be listed in witness list |
| | (29) | Examination of witnesses |
| | (30) | Any party may contradict testimony |
| | (31) | Party may prepare and serve subpoena |
| | (32) | Form of subpoena |
| | (33) | Subpoena not to be filed or sealed |
| | (34) | Service of subpoena |
| | (35) | Fees to accompany subpoena |
| | (36) | Production of documents and physical objects |
| | (37) | Order for attendance of witness in custody |
| | (38) | Failure of witness to attend or remain in attendance |
| | (39) | Order setting aside subpoena |
| | (40) | Use of deposition evidence |
| | (41) | Use of videotape or film |
| | (42) | Certified transcript |
| | (43) | Video recording of deposition evidence |
| | (44) | Video recording of evidence becomes exhibit |
| | (45) | Deposition to be given in full |
| | (46) | Persons against whom discovery evidence is admissible |
| | (47) | Notice required of evidence |
| | (48) | Attendance at trial may be required |
| | (49) | Court may consider whole examination |
| | (50) | Discovery evidence of person under disability |
| | (51) | Transcripts of discovery evidence |
| | (52) | Use of pre-trial examination of a witness |
| | (53) | Court may consider whole pre-trial examination |
| | (54) | Use of transcript of other proceedings |
| | (55) | Transcript for the court |
| | (56) | Objection to transcript evidence at trial |
| | (57) | Custody of transcripts |
| | (58) | Use of interrogatories at trial |
| | (59) | Affidavit evidence |
| | (60) | Copy of affidavit must be furnished |
| | (61) | Cross-examination |
| | (62) | Court may extend or abridge time to require witness attendance |
| | (63) | Contents |
| | (64) | Cross-examination not limited |
| | (65) | Costs where attendance unnecessary |
| | (66) | Trial with assessor |
| | (67) | Trial of one question before others |
| | (68) | Trial by different modes of trial |
| | (69) | Calculation of amount by officer of the court |
| | (70) | Use of recording device |
| | (71) | Evidence of particular facts |
| | (72) | Order of speeches |
| | (73) | Court may make order respecting submissions |
| | (74) | Clerk to note time of trial |
| | (75) | Failure of all parties to appear at trial |
| | (76) | Failure of one party to appear at trial |
| | (77) | Court may set aside judgment |
| Part 15 — Court Orders and Their Enforcement |
| Rule 15-1 — Orders |
| | (1) | Form of order |
| | (2) | Protection orders and restraining orders |
| | (2.1) | What happens if protection order is made |
| | (2.2) | Information for service |
| | (2.3) | Court to make new protection order |
| | (2.4) | What happens if protection order is terminated |
| | (3) | Drawing and approving orders |
| | (3.1) | Service of order drawn up by party and signing instructions |
| | (3.2) | Time limit for approving or objecting to order drawn up by party |
| | (3.3) | Approval not required after non-compliance |
| | (3.4) | Entry of order after non-compliance |
| | (4) | When approval in writing not required |
| | (5) | Endorsement of order on application sufficient in certain cases |
| | (6) | Order granted conditionally on document to be filed |
| | (7) | Waiver of order obtained on condition |
| | (8) | Order of judge or associate judge |
| | (9) | Date of order |
| | (10) | Approval of order |
| | (11) | Requirement of consent order |
| | (12) | Settlement of orders |
| | (13) | Appointment to settle |
| | (14) | Party failing to attend on appointment to settle |
| | (15) | Review of settlement |
| | (16) | Registrar may draw order |
| | (16.1) | Order must be drawn up by registrar |
| | (17) | Special directions for entry or service |
| | (18) | Correction of orders |
| | (19) | Opinions, advice and directions of the court |
| | (20) | Orders on terms and conditions |
| Rule 15-2 — Divorce Orders |
| | (0.1) | Civil Marriage Act (Canada) |
| | (1) | Ongoing prior proceedings |
| | (2) | Claim for divorce joined with other claims |
| | (3) | Form of certificate of divorce |
| | (4) | Service of divorce order |
| Rule 15-2.1 — Guardianship Orders |
| | (1) | Guardianship affidavit required |
| | (2) | Interim order may be made |
| | (3) | Duration of interim order |
| | (4) | Currency of information |
| | (5) | Materials required if hearing adjourned |
| Rule 15-2.2 — Orders for Corollary Relief in Divorce Proceedings |
| | (1) | Definition |
| | (2) | Party to corollary relief proceeding must provide information |
| | (3) | Duty to maintain accurate information |
| | (4) | Court not restricted if form not filed |
| Rule 15-2.3 — Orders Under Part 1 of the Family Orders and Agreements Enforcement Assistance Act (Canada) |
| | (1) | Materials required for application |
| | (2) | Court may consider specified matters |
| | (3) | Court may order that service or order not required |
| Rule 15-3 — Extra-Provincial Orders |
| | (1)-(3) | Repealed |
| | (4) | Registration of orders |
| | (5) | Exchange of orders between provinces |
| | (6) | Enforcement in Provincial Court |
| Rule 15-4 — Enforcement of Orders |
| | (1) | Order to pay money to a person |
| | (2) | Order to pay money into court |
| | (3) | Order for recovery or delivery of land |
| | (4) | Order for recovery or delivery of property other than land |
| | (5) | Appointment of receiver |
| | (6) | Execution by or against person not a party |
| | (7) | Remedy on non-compliance with mandatory order |
| | (8) | Issue of execution on conditional order |
| | (9) | Order when right to relief has arisen |
| | (10) | Issue of execution on change of parties |
| | (11) | Production of order before execution |
| | (12) | Endorsement of writ |
| | (13) | Issue of writ of sequestration, possession or delivery |
| | (14) | Issue of writ of execution if order to pay money within a period |
| | (15) | Issue of writ of execution |
| | (16) | When writ of execution is issued |
| | (17) | Copy of writ of execution must be left with registry |
| | (18) | Term of writ of execution |
| | (19) | Renewal of writ of execution |
| | (20) | Hearing of writ of execution |
| | (21) | Writ of execution to be endorsed |
| | (22) | Enforcement costs |
| | (23) | Registrar may fix amount |
| | (24) | Assessments and accounting |
| | (25) | Registrar may certify on accounting |
| | (26) | Certificate of same effect as order |
| | (27) | Separate writs for costs |
| | (28) | Judgment for recovery of property other than land |
| | (29) | Acknowledgment of payment |
| | (30) | Order that judgment has been paid |
| | (31) | Stay of execution |
| | (32) | Balance becomes payable if instalment not paid when due |
| | (33) | Application for relief |
| | (34) | Application for directions |
| | (35) | Enforcement of certificate |
| Rule 15-5 — Compelling a Debtor under the Family Maintenance Enforcement Act to Appear in Court |
| | (1) | Summons under the Family Maintenance Enforcement Act |
| | (2) | Committal summons under the Family Maintenance Enforcement Act |
| | (3) | Arrest warrants |
| Rule 15-6 — Subpoena to Debtor |
| | (1) | Subpoena to debtor |
| | (2) | To whom subpoena must be directed |
| | (3) | Service of subpoena |
| | (4) | Examination of debtor |
| | (5) | Examiner |
| | (6) | Examination |
| | (7) | Adjournment |
| | (8) | Debtor refusing to attend or respond |
| | (9) | Creditor failing to attend, etc. |
| | (10) | Debtor unreasonably refusing to pay |
| | (11) | Order for payment |
| | (12) | Notice of application for committal |
| | (13) | Order for committal |
| | (14) | Costs payable by debtor |
| | (15) | Form of order |
| | (16) | Term of order |
| | (17) | Payment to sheriff |
| | (18) | Maintenance money recoverable |
| | (19) | Debtor to be brought before court |
| | (20) | Application to set aside or vary order |
| | (21) | Payment of debt |
| | (22) | Receipt for payment |
| | (23) | Release from custody |
| | (24) | Payment to creditor |
| | (25) | Requisition for discharge |
| | (26) | Failure to pay sheriff |
| | (27) | Liability imposed by order |
| | (28) | Repealed |
| Rule 15-7 — Examinations in Aid of Execution |
| | (1) | Definitions |
| | (2) | Examination of judgment debtor |
| | (3) | Examination of corporate, partnership or firm judgment debtor |
| | (4) | Limitation |
| | (5) | Examination of person other than judgment debtor |
| | (6) | Order in certain cases |
| | (7) | Application of examination for discovery rules |
| | (8) | Use of examination |
| | (9) | Costs |
| Rule 15-8 — Sales by the Court |
| | (1) | Court may order sale |
| | (2) | Conduct of sale |
| | (3) | Directions for sale |
| | (4) | Application for directions |
| | (5) | Certificate of sale |
| | (6) | Vesting order |
| Part 16 — Costs |
| Rule 16-1 — Costs |
| | (1) | Tariff of costs |
| | (2) | Assessment of special costs |
| | (3) | Assessment officer |
| | (4) | Disbursements |
| | (5) | Directions |
| | (6) | Tax in respect of legal services and disbursements |
| | (7) | Costs to follow event |
| | (8) | Costs where party represented by an employee |
| | (9) | Costs of applications |
| | (10) | When costs payable |
| | (11) | Costs of hearing fees |
| | (12) | Obligation to pay unaffected |
| | (13) | Costs arising from improper act or omission |
| | (14) | Costs of whole or part of family law case |
| | (15) | Costs payable from estate or property |
| | (16) | Set-off of costs |
| | (17) | Costs of one respondent payable by another |
| | (18) | Unnecessary expense after judgment |
| | (19) | Form of bill of costs |
| | (20) | Appointment to assess costs |
| | (21) | Place for assessment |
| | (22) | Further particulars |
| | (23) | Assessment of sheriff's fees |
| | (24) | Service of appointment |
| | (25) | Certificate of costs or expenses |
| | (26) | Review of an assessment |
| | (27) | Form of bill in certain cases |
| | (28) | Description of services |
| | (29) | Evidence of lawyer |
| | (30) | Disallowance of fees and costs |
| | (31) | Costs may be ordered without assessment |
| | (32) | Notice |
| | (33) | Order to be served |
| | (34) | Limitation |
| | (35) | Refusal or neglect to procure assessment |
| | (36) | Referrals |
| Rule 16-2 — Assessment of Expenses |
| | (1) | Expenses to be assessed |
| | (2) | Assessment officer |
| | (3) | Directions |
| | (4) | Appointment to assess expenses |
| | (5) | Place for assessment |
| | (6) | Further particulars |
| | (7) | Certificate of costs or expenses |
| | (8) | Review of an assessment |
| | (9) | When expenses payable |
| | (10) | No costs if expenses ordered |
| Part 17 — Petition Proceedings |
| Rule 17-1 — Petitions |
| | (1) | Definitions |
| | (2) | Petitions |
| | (3) | Service |
| | (4) | Response to petition |
| | (5) | Contents of response to petition |
| | (6) | Petitioner may respond |
| | (6.1) | Expert opinion evidence |
| | (6.2) | Service of expert reports |
| | (6.3) | Application of Rule 13-6 |
| | (7) | No additional affidavits |
| | (8) | Setting application for hearing |
| | (9) | Date and time of hearing |
| | (10) | Date and time if hearing time more than 2 hours |
| | (11) | Petition record |
| | (11.1) | Additional copy of filed petition |
| | (11.2) | Petition to be removed from hearing list |
| | (12) | Service of petition record |
| | (13) | If petition respondent's application is to be heard at the hearing |
| | (14) | Petition record to be returned |
| | (15) | Petition record to be returned to registry |
| | (16) | Provision of amended petition record |
| | (16.1) | Resetting adjourned hearings |
| | (17) | Petition respondent may apply for directions |
| | (18) | Powers of court |
| | (19) | Amendment of petition |
| | (20) | Renewal of original petition |
| | (21) | Further renewal of petition |
| | (22) | When renewal period begins |
| | (23) | After renewal of petition |
| | (24) | Uncontested adoptions |
| | (25) | Referral by registrar |
| | (26) | Disposition of referred applications |
| Part 18 — Other Procedures |
| Rule 18-1 — Inquiries, Assessments and Accounts |
| | (1) | Direction for inquiries, assessments or accounts |
| | (2) | Certificate as to result |
| | (3) | Report and recommendation |
| | (4) | Application to vary or confirm recommendation |
| | (5) | Time and place of hearing |
| | (6) | Appointment |
| | (7) | Witnesses |
| | (8) | Certificate or recommendation to be filed and served |
| | (9) | Party may file certificate |
| | (10) | Opinion of the court |
| | (11) | Accounts of executor, trustee, etc. |
| | (12) | Special directions |
| | (13) | Court may appoint lawyer |
| | (14) | Varying directions |
| | (15) | Account to be verified by affidavit |
| | (16) | Form of account |
| | (17) | Particulars of errors in account |
| | (18) | Notice of order |
| | (19) | Person bound as if party |
| | (20) | Dispensing with service |
| | (21) | Person may apply to vary or rescind |
| | (22) | Person may file a notice of interest |
| Rule 18-2 — Jurisdictional Disputes |
| | (1) | Disputed jurisdiction |
| | (2) | Order declining jurisdiction may be sought |
| | (3) | Disputed pleading or service |
| | (4) | Powers of court pending resolution |
| | (5) | Party does not submit to jurisdiction |
| Rule 18-3 — Appeals |
| | (1) | Application |
| | (2) | Form |
| | (3) | Directions |
| | (4) | Conduct of appeal |
| | (5) | Application for directions |
| | (6) | Service of notice of appeal |
| | (7) | Powers of court |
| | (8) | Filing notice of interest |
| | (9) | Notice of hearing of appeal |
| | (10) | Notice of abandonment of appeal |
| Part 19 — Judgments from Other Courts |
| Rule 19-1 — Canadian Judgments |
| | (1) | Definition |
| | (2) | Registration requirements for Canadian judgments |
| Rule 19-2 — Foreign Judgments |
| | (1) | Definitions |
| | (2) | Application under Court Order Enforcement Act |
| | (3) | Affidavit in support |
| | (4) | Applications for reciprocal enforcement of judgment |
| | (5) | Form of order to register |
| | (6) | Notice of registration |
| | (7) | Setting aside registration of judgment under convention |
| | (8) | Stay of enforcement |
| | (9) | Stay of proceeding in family law case on foreign judgment |
| Part 20 — Special Rules for Certain Parties or Proceedings |
| Rule 20-1 — Partnerships |
| | (1) | Partners may sue or be sued in firm name |
| | (2) | Service on firm |
| | (3) | Responding pleading |
| | (4) | Affidavit naming partners |
| | (5) | Court may order service |
| | (6) | Execution against partnership property |
| | (7) | Execution against partners |
| | (8) | Execution against other persons |
| | (9) | Liability may be determined |
| | (10) | Family law case against person carrying on business in a name other than the person's own |
| Rule 20-2 — Minors |
| | (1) | Party who is a minor |
| | (1.1) | Rule 20-3 does not apply in certain circumstances |
| | (2) | Appointment of litigation guardian |
| Rule 20-3 — Persons under Disability |
| | (1) | Interpretation |
| | (2) | Start of family law case by person under disability |
| | (3) | Role of litigation guardian |
| | (4) | Lawyer must be involved |
| | (5) | Litigation guardian |
| | (6) | Committee as litigation guardian |
| | (7) | Consent of litigation guardian |
| | (8) | Certificate of fitness |
| | (9) | Certificate for a litigation guardian |
| | (10) | Party becoming incompetent |
| | (11) | Removal of litigation guardian |
| | (12) | Party attaining age of majority |
| | (13) | Effect of filing affidavit |
| | (14) | Step in default |
| | (15) | Service |
| | (16) | Litigation guardian must be appointed |
| | (17) | Compromise by person under disability |
| | (18) | Approval of compromise |
| Rule 20-4 — Declaratory Relief |
| | (1) | Declaratory order |
| Rule 20-5 — Persons Who Are Not Required to Pay Fees |
| | (1) | Court may order that no fees are payable |
| | (2) | Application of order |
| | (3) | How to apply |
| | (4) | Review, variation or rescission of order |
| | (5) | No fee payable |
| Rule 20-6 — Litigation Representatives |
| | (1) | Definition |
| | (2) | Application of rule |
| | (3) | Starting, conducting or defending a family law case on behalf of deceased's estate |
| | (4) | Notice of application required |
| | (5) | Procedure for application |
| | (6) | No authorization to distribute proceeds |
| | (7) | Substitution required |
| | (8) | When personal representative is appointed |
| Rule 20-7 — Divorce Act Proceedings |
| | (1) | Application |
| | (2) | French translation of forms |
| | (3) | Documents in either official language |
| | (4) | Official language selection in pleadings, petition or response to petition |
| | (5) | Change in selection of official language |
| | (6) | Confirmation before hearing or conference |
| | (7) | Interpretation of a French language affidavit into another language |
| | (8) | Time limits for service extended |
| | (9) | Transcripts |
| | (10) | Consolidation |
| Part 21 — General |
| Rule 21-1 — Forms and Documents |
| | (1) | Forms |
| | (2) | Documents |
| | (3) | Repealed |
| | (4) | Space for stamp |
| | (5) | Style of proceeding |
| Rule 21-2 — Time |
| | (1) | Computation of time |
| | (2) | Extending or shortening time |
| | (3) | Extending or shortening time respecting documents |
| | (4) | Notice of intention to proceed after delay of one year |
| | (5) | Want of prosecution |
| | (6) | Attendance |
| Rule 21-3 — Multiple Claims and Parties |
| | (1) | Multiple claims |
| | (2) | Multiple parties |
| | (3) | Joining persons jointly entitled to relief |
| | (4) | If persons are jointly liable |
| | (5) | Party need not be interested in all relief |
| | (6) | Separation |
| | (7) | Separating counterclaim |
| | (8) | Consolidation |
| | (8.1) | Consolidation of proceedings with Provincial Court proceedings |
| | (9) | Misjoinder or nonjoinder of parties |
| Rule 21-4 — Change of Lawyer |
| | (1) | Change of lawyer |
| | (2) | Order that lawyer has ceased to act |
| | (3) | Order on application of lawyer |
| | (4) | Notice of intention to withdraw |
| | (5) | Filing of objection |
| | (6) | Procedure if no objection filed |
| | (7) | Service of notice of withdrawal |
| | (8) | Service of documents after withdrawal |
| | (9) | Procedure if objection filed |
| | (10) | Substituted service |
| | (11) | Service of copy of order |
| Rule 21-5 — If Parties Fail to Comply with These Rules |
| | (1) | If party does not comply with the rules |
| | (2) | Non-compliance with rules |
| Rule 21-6 — If Parties Fail to Attend |
| | (1) | Failure of party to attend |
| | (2) | Failure of all parties to appear at trial |
| | (3) | Court may set aside judgment |
| Rule 21-7 — Contempt of Court |
| | (1) | Power of court to punish |
| | (2) | Corporation in contempt |
| | (3) | Security |
| | (4) | Certain acts as contempt |
| | (5) | If person may be guilty of contempt |
| | (6) | Power of court after apprehension |
| | (7) | If corporation may be guilty of contempt |
| | (8) | Power of court after apprehension |
| | (9) | Release of apprehended person |
| | (10) | Order for release |
| | (11) | Proceeding for contempt |
| | (12) | Affidavit |
| | (13) | Hearing |
| | (14) | Service of order not necessary |
| | (15) | Suspension of punishment |
| | (16) | Discharge of person |
| | (17) | Weekly review of person in custody |
| Rule 21-8 — Vexatious Litigants |
| | (1) | Leave to file pleading, application or other document |
| | (2) | Requisition need not be served |
| | (3) | Powers of the court |
| Part 22 — Court and Registry Matters |
| Rule 22-1 — Powers of Court |
| | (1) | Court may adjourn trial, hearing or conference |
| | (2) | Waiver or modification |
| | (3) | Attendance by telephone or other means |
| | (4) | Court may direct how attendance by telephone or other means is to be conducted |
| | (5) | Court may refer calculation of child support |
| | (6) | Security for costs |
| | (7) | No stay on appeal |
| | (8) | Same judge or associate judge |
| Rule 22-2 — Registry Operations |
| | (1) | Copy of document filed in registry |
| | (2) | When registry open |
| | (3) | Hours of registrar |
| | (4) | Lunch hours |
| | (5) | Use of seal |
| | (6) | Name of registry |
| | (7) | Signature of registrar |
| | (8) | Business not to be conducted out of office hours |
| | (9) | Request to registrar by requisition |
| | (10) | Incapacity of judge |
| | (11) | Powers of substituted judge |
| | (12) | Powers of presiding judge |
| | (13) | Transfers |
| Rule 22-3 — Fax Filing |
| | (1) | Application |
| | (2) | Document may be submitted for filing by fax |
| | (3) | Means of transmission |
| | (4) | Application of this rule |
| | (5) | When a document is filed |
| | (6) | Confirmation of filing |
| | (7) | Confirmation of filing |
| | (8) | Original of document may be required by court |
| Rule 22-4 — Electronic Filing |
| | (1) | Definitions |
| | (2) | This rule prevails in event of conflict |
| | (3) | Electronic services agreement |
| | (4) | Means of transmission |
| | (5) | Application of this rule |
| | (6) | Affidavits and other signed documents |
| | (7) | Retention of documents |
| | (8) | Conversion of documents |
| | (9) | Inspection of original documents |
| | (10) | Requisition |
| | (11) | Application of Rule 10-4 |
| | (12) | Electronic authentication deemed a signature |
| | (13) | Filing of documents |
| | (14) | Electronic acceptance |
| | (15) | Sealing of notice of family claim |
| | (16) | Public access to documents filed electronically |
| | (17) | Service of documents |
| | (18) | If document does not reach a person |
| Rule 22-5 — Money in Court |
| | (1) | Interpretation |
| | (2) | Deposit of funds |
| | (3) | Deposit of securities |
| | (4) | Transmission of securities |
| | (5) | Payment out of court |
| | (6) | Interest |
| | (7) | No other interest payable |
| | (8) | Calculation of interest |
| | (9) | Account |
| | (10) | Investments |
| | (11) | Direction for payment out |
| | (12) | Deposit of other money paid into court |
| | (13) | No interest on other funds |
| | (14) | Money for person under disability |
| | (15) | Payment out of money or security |
| | (16) | Payment in for infant |
| | (17) | Payment out of money held for infant |
| Rule 22-6 — Sittings and Hearings |
| | (1) | Under direction of Chief Justice |
| | (2) | Urgency |
| | (3) | Hearing by communication medium |
| | (4) | Court may direct method of attendance |
| | (4.1) | Registrar may direct method of attendance |
| | (5) | Application must be made by requisition |
| Rule 22-7 — Associate Judges, Registrars and Special Referees |
| | (1) | Powers of an associate judge |
| | (2) | Associate judge as registrar |
| | (3) | Powers of an associate judge in estates |
| | (3.1) | Hearing record |
| | (3.2) | Dealings with hearing record |
| | (4) | Registrar's powers at registrar's hearing |
| | (5) | Registrar's directions at pre-hearing conference |
| | (6) | Reference by associate judge to judge |
| | (7) | Reference by registrar to judge or associate judge |
| | (8) | Repealed |
| | (8.1) | Notice of appeal |
| | (8.2) | Service of notice of appeal and appellant's statement of argument |
| | (8.3) | Notice of interest |
| | (8.4) | Service of notice of interest and respondent's statement of argument |
| | (8.5) | Transcript of reasons for judgment or decision |
| | (8.6) | Transcript of oral evidence |
| | (8.7) | Date and time of hearing of appeal |
| | (8.8) | Appeal record |
| | (8.9) | Appeal record to be returned |
| | (8.10) | Abridgement or modification of timelines and documents required on appeal |
| | (9)-(10) | Repealed |
| | (11) | Appeal not to act as stay |
| Rule 22-8 — Searches |
| | (1) | Search of files |
| | (2) | Electronic court docket information available |
| | (3) | Access to information |
| | (4) | Limitation |
| | (5) | Search of exhibits |
| | (6) | Search of agreements |
| Part 22.1 — Method of Attendance and Application Record Pilot Projects |
| Rule 22.1-1 — Method of Attendance Pilot Project |
| | (1) | Method of attendance |
| | (2) | Directions may be different |
| | (3) | Application to change method of attendance |
| | (4) | Application must be made by requisition |
| | (5) | Directions apply |
| Rule 22.1-2 — Electronic Transmission of Application Record Pilot Project |
| | (1) | Electronic transmission of application record |
| | (2) | Directions may be different |
| | (3) | Application of other rules |
| Part 23 — Transition |
| Rule 23-1 — Transition |
| | (1) | Definitions |
| | (2) | These rules apply to transitional family law cases |
| | (3) | Pleadings deemed to be a notice of family claim |
| | (4) | Requisition deemed to be a notice of family claim |
| | (5) | Petition |
| | (6) | Appearance and statement of defence deemed to be a response to family claim |
| | (7) | Appearance deemed to be a response to petition |
| | (8) | Counterclaim and third party notice deemed to be counterclaim |
| | (9) | Response to counterclaim |
| | (10) | Unserved writ of summons |
| | (11) | Demand for amendment |
| | (12) | Party must amend |
| | (13) | Failure to amend |
| | (14) | No demand if final relief has been given |
| | (15) | Address for service |
| | (16) | Step in ongoing proceeding |
| | (17) | Trial management conference |
| | (18) | Court may decide |
| Rule 23-2 — Family Law Act Transitional Provisions |
| | (1) | Transitional references |
| | (2) | Documents filed before March 18, 2013 |
| | (3) | Reports prepared before March 18, 2013 |
| | (4) | References to non-final orders in documents filed before March 18, 2013 |
| | (5) | Court may decide |
| | (6) | Parental support |
| Appendix A — Forms |
| Appendix B — Costs |
| Appendix C — Fees |