PARTICULAR PROCEEDINGS RULES 69 - 71
RULE 69 DIVORCE ACTIONS
APPLICATION OF RULES OF CIVIL PROCEDURE
69.01 All the Rules of Civil Procedure that apply in an action apply in a divorce action, with necessary modifications, except where rules 69.03 to 69.27 provide otherwise.
(2) They do not apply to proceedings in the Family Court of the Superior Court of Justice, which are governed by Ontario Regulation 114/99 (Family Law Rules), except as provided by those rules.
DEFINITIONS
69.02 In Rules 69.02 to 69.26,
"Act" means the Divorce Act, 1985 (Canada);
"child of the marriage" has the same meaning as in section 2 of the Act.
PETITION
General
69.03 (1) The originating process for the commencement of a divorce action is a petition for divorce (Form 69A or 69B), except as provided by subrule 69.09(6) (counterpetition against person not already a party (Form 69G)).
(2) A certificate of the marriage or of the registration of the marriage shall be filed before a petition is issued, unless the petition states that it is impossible to obtain the certificate, or that the certificate will be filed before the action is set down for trial or a motion is made for judgment.
69.03 (3) The party commencing the action is called the petitioner and the opposite party is called the respondent.
Person Alleged to Have Been Involved in Adultery
(4) In a petition in which it is alleged that the respondent spouse has committed adultery, it is not necessary to set out the name of the other person alleged to have been involved.
Joint Petition for Divorce
(5) Spouses may commence a divorce action jointly without a respondent.
(6) A joint petition for divorce shall not contain a claim for any relief other than a divorce and, if applicable, an order on consent.
Claim for Relief
(7) A petition that contains a claim for support or division of property shall set out the nature and amount of relief claimed and, if support is claimed, the amount for each dependant.
SERVICE OF PETITION
Manner of Service
69.04 (1) A petition shall be served on the respondent personally or in accordance with subrules 16.03(2) to (4) (acceptance of service by solicitor, service by mail with acknowledgment of receipt card), unless the court makes an order under rule 16.04 for substituted service or dispensing with service.
(2) A person who effects personal service of a petition shall ask the respondent to complete and sign the acknowledgment of service on the back of the petition and shall sign as witness to the respondent's signature, or record the fact that the respondent declined to sign the acknowledgment of service, as the case may be.
Person Alleged to Have Been Involved in Adultery
(3) If a petition sets out the name of a person alleged to have been involved in adultery with the respondent, it shall be served on the person, unless the court orders otherwise, by any method authorized by Rule 16 for service of an originating process, or by mailing a copy of the petition to the person at his or her last known address.
Petitioner not to Effect Personal Service
(4) A petition that is served personally shall be served by someone other than the petitioner.
Service Outside Ontario
(5) A petition may be served outside Ontario without a court order.
Substituted Service by Advertisement
(6) Where substituted service of a petition by advertisement in a newspaper is ordered by the court, the advertisement shall be in Form (69C).
TIME FOR SERVICE OF PETITION
69.05 A petition shall be served within six months after it is issued.
69.05.1 Mandatory Information Program
Application of rule
(1) This rule applies to a divorce action commenced at Toronto after July 1, 1998 in which any relief, other than a divorce, costs and the incorporation of the terms of a separation agreement or prior court order, is sought.
Contents of Program
(2) The program referred to in this rule shall provide parties to divorce proceedings 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 a court proceeding;
(b) the impact the separation of parents has on children; and
(c) resources available to deal with problems arising from separation.
Attendance Compulsory
(3) Each party to a proceeding described in subrule (1) shall attend the program no later than 45 days after the proceeding is commenced.
Appointments to Attend
(4) The petitioner 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 petition.
Certificate
(5) 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 the time set out in subrule (10).
No Other Steps
(6) A party shall not take any step in the proceeding 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 under subrule (8).
Exception
(7) The court may, on a party's motion, order that any or all of subrules (3) to (6) and (8) do not apply to the party, because of urgency or hardship or for some other reason in the interest of justice.
Case Conference
(8) Before any motion for interlocutory relief is heard, the parties shall attend a case conference with a judge.
(9) The purposes of the case conference include,
(a) identifying the issues that are in dispute and those that are not in dispute;
(b) exploring ways to resolve the issues that are in dispute, including alternatives to a court proceeding;
(c) if possible, obtaining the parties' agreement to a specific timetable for the steps to be taken in the case before it comes to trial; and
(d) organizing or, if appropriate, holding a settlement conference.
Steps Required Before Case Conference
(10) The parties shall take the following steps by 2 p.m. on the second day before the day of the case conference:
(11) This rule is revoked on December 31, 2007.
1. Each party shall file a confirmation of his or her intention to attend.
2. The petitioner shall serve, and file with proof of service, a case conference brief.
3. The respondent shall serve, and file with proof of service,
i. a case conference brief, or
ii. a brief stating any points of difference from the petitioner's case conference brief.
Revocation
(11) This rule is revoked on December 31, 2003.
PLEADINGS
69.06 (1) In a divorce action, pleadings shall consist of the petition (Form 69A or 69B), answer (Form 69D) and reply (Form 69E), if any.
(2) In a counterpetition, pleadings shall consist of the counterpetition (Form 69F or 69G), answer to counterpetition (Form 69H) and reply to answer to counterpetition (Form 691), if any.
ANSWER
Time for Delivery of Answer
69.07 (1) Except as provided in subrule (3), 19.01(5) (late delivery of defence or 69.10(2) (counterclaim against petitioner and non-party), a respondent who wishes to oppose a claim made in the petition shall deliver an answer,
(a) within twenty days after service of the petition, where the respondent is served in Ontario;
(b) within forty days after service of the petition, where the respondent is served elsewhere in Canada or in the United States of America; or
(c) within sixty days after service of the petition, where the respondent is served anywhere else, except as provided in subrule (3), 19.01(5) (late delivery of defence) or 69.10(2) (counterpetition against petitioner and non-party).
Notice of Intent to Defend
(2) A respondent served with a petition who intends to defend the action may deliver a notice of intent to defend (Form 69J) within the time prescribed for delivery of the answer.
(3) A respondent who delivers a notice of intent to defend within the prescribed time is entitled to ten days, in addition to the time prescribed by subrule (1), within which to deliver an answer.
REPLY
69.08 A reply, if any, shall be delivered within ten days after service of the answer.
COUNTERPETITION
Where Available
69.09 (1) A respondent who claims any relief against the petitioner, other than dismissal of the action and costs, shall do so by way of counterpetition.
(2) A respondent who counterpetitions against the petitioner may join as a respondent to the counterpetition any other person, whether a party to the main action or not, who is a necessary or proper party to the counterpetition.
Person Alleged to Have Been Involved in Adultery
(3) Subrules 69.03(4) and 69.04(3) (naming and service of person alleged to have been involved in adultery) apply, with necessary modifications, to a counterpetition.
Counterpetition to be in Same Document as Answer
(4) A respondent shall include the counterpetition (Form 69F or 69G) and the answer in a single document entitled an answer and counterpetition.
Claim for Relief
(5) A counterpetition that contains a claim for support or division of property shall set out the nature and amount of relief claimed and, if support is claimed, the amount for each dependant.
Counterpetition to be Issued where Respondent to Counterpetition not Already Party to Main
Action
(6) Where a person who is not already a party to the main action is made a respondent to the counterpetition, the answer and counterpetition,
(i) within the time prescribed by rule 69.07 for the delivery of an answer in the main action, or at any time before the respondent is noted in default, or
(ii) subsequently with leave of the court; and
(b) shall contain a second title of proceeding showing who is petitioner by counterpetition and who are respondents to the counterpetition.
Service Outside Ontario
(7) A counterpetition may be served outside Ontario without a court order.
TIME FOR DELIVERY OR SERVICE OF ANSWER AND COUNTERPETITION
Where all Parties are Parties to the Main Action
69.10 (1) Where a counterpetition is only against the petitioner, or only against the petitioner and another person who is already a party to the main action, the answer and .counterpetition shall be delivered within the time prescribed by rule 69.07 for the delivery of the answer in the main action, or at any time before the respondent has been noted in default.
Where New Party is Brought In
(2) Where a counterpetition is against the petitioner and a respondent to the counterpetition who is not already a party to the main action, the answer and counterpetition shall be served, after it has been issued, on the parties to the main action and, together with all the pleadings previously delivered in the main action, on the respondent to the counterpetition who is not already a party to the main action, and shall be filed with proof of service,
(a) within thirty days after the answer and counterpetition is issued or at any time before the respondent is noted in default; or
(b) subsequently with leave of the court.
(3) An answer and counterpetition need not be served personally on any person who is a party to the main action, except where a respondent to the counterpetition is also a respondent in the main action and has failed to deliver a notice of intent to defend or an answer in the main action, in which case the respondent shall be served in the manner prescribed by subrule 69.04(1),
whether or not the respondent has been noted in default in the main action.
AMENDING ANSWER TO ADD COUNTERPETITION
69.11 (1) A respondent who has delivered an answer that does not contain a counterpetition and who wishes to counterpetition only against the petitioner, or only against the petitioner and another person who is already a party to the main action, may amend the answer in accordance with rules 26.02 and 26.03 in order to add the counterpetition, and rule 26.05 (responding to amended pleading) applies to the amended answer and counterpetition.
(2) A respondent referred to in subrule (1) who wishes to counterpetition against the petitioner and another person who is not already a party to the main action may, with leave of the court, have the registrar issue an amended answer and counterpetition, and rule 26.05 (responding to amended pleading) applies to the amended answer and counterpetition.
ANSWER TO COUNTERPETITION
By Petitioner and Other Party to Main Action
69.12 (1) The petitioner and any other respondent to a counterpetition who is already a party to the main action shall deliver an answer to counterpetition (Form 69H) within twenty days after service of the counterpetition.
(2) Where the petitioner delivers a reply in the main action, the answer to
counterpetition and the reply shall be included in a single document entitled a reply and answer to counterpetition.
By Respondent added by Counterpetition
(3) Except as provided in subrule (5) or 19.01(5) (late delivery of defence) a respondent to a counterpetition who is not already a party to the main action shall deliver an answer to counterpetition (Form 69H),
(a) within twenty days after service of the answer and counterpetition, where the respondent to the counterpetition is served in Ontario;
(b) within forty days after service of the answer and counterpetition, where the respondent to the counterpetition is served elsewhere in Canada or in the United States of America; or
(c) within sixty days after service of the answer and counterpetition, where the respondent to the counterpetition is served anywhere else.
(4) Where a respondent to a counterpetition who is not already a party to the main action is served with a counterpetition and intends to defend the action, he or she may deliver a notice of intent to defend (Form 69J) within the time prescribed for delivery of the answer to counterpetition.
(5) A respondent to a counterpetition who delivers a notice of intent to defend within the prescribed time is entitled to ten days, in addition to the time prescribed by subrule (3), within which to deliver an answer to counterpetition.
REPLY TO ANSWER TO COUNTERPETITION
69.13 A reply to answer to counterpetition (Form 691), if any, shall be delivered within ten days after service of the answer to counterpetition.
FINANCIAL STATEMENTS
Where Required
69.14 (1) Where a petition contains a claim for support or division of property, the petitioner shall file and serve a financial statement (Form 69K) with the petition and the respondent spouse shall deliver a financial statement with the answer.
(2) Where no claim for support or division of property is made in the petition, but such a claim is made in the counterpetition, the respondent spouse shall deliver a financial statement with the answer and counterpetition and the petitioner shall deliver a financial statement with the answer to counterpetition.
Waiver of Financial Statements
(3) Subrules (1) and (2) do not apply in respect of a claim for support under the Act if both spouses have filed a waiver of financial statements (Form 69L), but the spouses may not waive the obligation to deliver financial statements in respect of a claim under the Family Law Act, 1986.
Registrar to Refuse Documents Unless Accompanied by Financial Statements
(4) Where a financial statement is required to be filed or delivered with a petition or counterpetition, or an answer to it, the registrar shall not accept the petition, counterpetition or answer for issuing or filing without the financial statement.
Respondent must File Even When Not Defending
(5) A respondent spouse who does not intend to defend a claim for support or division of property shall nevertheless deliver a financial statement within the time prescribed for delivery of an answer or answer to counterpetition, but the failure of the respondent spouse to do so does not prevent the petitioner from setting the action down for trial or moving for judgment.
Order to Require Delivery
(6) Where a respondent spouse fails to deliver a financial statement within the time prescribed for delivery of the answer or answer to counterpetition, the court may, on motion without notice, make an order requiring the delivery of a financial statement within a specified time.
(7) If a claim is made in the action for custody of a child, the court may order the parties to deliver financial statements (short form) (Form 69M) within a specified time.
Particulars of Financial Statement
(8) Where a financial statement lacks particularity, a spouse may demand particulars and if the other spouse fails to supply them within seven days the court may, on such terms as are just,
(a) order particulars to be delivered within a specified time; or
(b) strike out the financial statement and order that a new financial statement be delivered within a specified time.
Sanctions for Failure to Deliver Financial Statement or to Give Particulars
(9) Where a spouse fails to comply with an order to deliver a financial statement, a new financial statement or particulars,
(a) the court may dismiss the spouse's action or strike out his or her answer; and
(b) a judge may make a contempt order against the spouse.
Cross-examination on Financial Statement
(10) A spouse may cross-examine the other spouse on his or her financial statement.
(11) A cross-examination on a financial statement may be used,
(a) on a motion for interim relief; and
(b) at trial, in the same manner as an examination for discovery.
(12) A spouse who has set the action down for trial or who has consented to the action being placed on a trial list may not cross-examine before trial on the other spouse's financial statement without leave of the court, but is not relieved of the obligation imposed by subrules (13) to (15).
Duty to Correct Financial Statement and Answers on Cross-examination
(13) A spouse who has delivered a financial statement and subsequently discovers,
(a) that any information in the financial statement or answer on cross-examination on it was incorrect or incomplete when made; or
(b) that there has been a material change in any information contained in it,
shall forthwith provide information concerning the change or correction in writing to the other spouse, and subrules 31.09(2) and (3) (correcting answers and sanctions for failure to correct) apply, with necessary modifications.
(14) A spouse who has delivered a financial statement shall deliver a fresh financial statement at least seven days before the commencement of the trial of the action, but may not be cross-examined before trial on the fresh financial statement except with leave of the court.
Net Family Property Statement
(15) In an action in which a claim is made for a division of property, each spouse shall deliver a net family property statement (Form 69N) at least seven days before each of the following:
1. A pre-trial conference.
2. A motion for judgment.
3. The trial.
INTERIM RELIEF
Notice of Motion
69.15 (1) A notice of motion for interim relief shall set out the precise relief sought, including the amount of support claimed for each dependant.
Pre-motion Conference
(2) At the hearing of the motion, the court may direct a pre-motion conference to consider the possibility of settling any or all the issues raised by the motion or the action.
(3) The costs of a pre-motion conference shall be assessed as part of the costs of the action, unless a judge or master who conducts the conference orders otherwise.
(4) A judge or officer who conducts a pre-motion conference under subrule (2) shall not preside at a motion for interim relief, the trial, a reference in the action or a motion for judgment, except that where the pre-trial conference has resolved all the issues in the action, a judge who conducted it may preside at a motion for judgment on consent of the parties.
Written Proposal for Settlement and Costs of Interim Motion
(5) In exercising his or her discretion concerning costs, the judge or officer who hears a motion for interim relief shall take into account any written proposal for settlement of the motion or the failure to make such a proposal.
Failure to Comply with Interim Order
(6) Where a party fails to comply with an order for interim relief and the court is
satisfied that the party is able to comply with the order, the court may postpone the trial of the action or strike out any pleading or affidavit of the party in default.
CHILDREN'S LAWYER'S REPORT
Notice of Intention to Investigate and Report
69.16 (1) Where the Children's Lawyer intends to investigate and report to the court concerning custody of or access to a child, he or she shall serve notice of that intention (Form 69O) on the parties and shall file a copy of the notice with proof of service.
(2) Service of the notice on a party who has been noted in default shall be effected by mail addressed to the party at his or her last known address, unless the court orders otherwise.
Service of Documents on Children's Lawyer
(3) Where the Children's Lawyer has served notice, a party who subsequently serves an answer, reply or notice of motion or any other document that relates to custody of or access to the child or relates to the child's support or education shall also serve it on the Children's Lawyer within the time prescribed for service on the parties.
Discovery by Children's Lawyer
(4) Where the Children's Lawyer has served notice, he or she has the right to discovery in respect of any matter that relates to custody of or access to the child or relates to the child's support or education.
Service of Report
(5) The Children's Lawyer shall serve his or her report on the parties interested in custody of or access to the child or in the child's support or education, within sixty days after serving notice under subrule (1), and shall then forthwith file a copy of the report and supporting affidavit, if any, with proof of service.
(6) Subrule (2) applies, with necessary modifications, to service of the report.
Dispute of Report
(7) A party on whom the report is served may dispute a statement in it or in any supporting affidavit by serving a concise statement of the nature of the dispute on every other party interested in custody of or access to the child or in the child's support or education, and on the Children's Lawyer, and filing the statement, with proof of service, within fifteen days after service of the report.
(8) Where the Children's Lawyer has served notice under subrule (1), the action shall not be tried and no motion for judgment shall be heard until,
(a) all disputes have been filed or the time for filing disputes has expired; or
(b) every party interested in custody of or access to the child or in the child's support or education has filed a waiver (Form 69P) of the right to dispute the report.
Application of Former Rule
(9) Rule 70.16 as it read on February 2, 1987 continues to apply to divorce actions commenced on or before that date.
NAMING PLACE OF TRIAL AND TRIAL JUDGE
Place of Trial
69.17 (1) The petitioner shall name in the petition as the place of trial a place where the court normally sits in the county in which the petitioner proposes that the action be tried.
(2) A petitioner who makes a claim for custody of or access to a child who ordinarily resides in Ontario shall name in the petition as the place of trial a place where the court normally sits in the county in which the child ordinarily resides.
(3) The trial shall be held at the place named in the petition unless an order is made to change the place of trial under rule 46.03.
MARRIAGE CERTIFICATE AND CERTIFICATE RESPECTING PRIOR PENDING
PROCEEDINGS
69.18 No divorce action shall be tried and no motion for judgment in a divorce action shall be heard until the registrar has received and attached to the trial or motion record,
(a) a certificate of the marriage or of the registration of the marriage, unless the petition states that it is impossible to obtain a certificate; and
(b) a certificate or report with respect to prior pending proceedings commenced by either spouse, issued under the Divorce Regulations (Canada) after the petition was filed.
MOTION FOR JUDGMENT
Requisition and Notice of Motion
69.19 (1) A requisition to note the respondent in default and a notice of motion for judgment in a divorce action under subrule 19.05(1) (motion for default judgment) shall be combined in Form 69Q.
Petitioner's Affidavit
(2) The affidavit of the petitioner in support of the motion (Form 69R) shall,
(a) contain sufficient information for the court to satisfy itself that there is no possibility of the reconciliation of the spouses, or that the circumstances of the case are of such a nature that it would clearly not be appropriate to do so;
(b) confirm that all the information in the petition is correct, except as specified in the affidavit;
(c) if the certificate of marriage or of registration of marriage filed in the action is not signed and sealed by the Registrar General of Ontario, refer to the certificate by its title, date and place of issue and the name and office of the person who issued it and state that it contains the correct particulars of the marriage;
(d) if no certificate of marriage or of registration of marriage has been filed in the action, state,
(i) what efforts have been made to obtain a certificate and why it is impossible to obtain one,
(ii) the date and place of marriage, and
(iii) sufficient particulars to prove the marriage;
(e) set out particulars of the grounds for divorce;
(f) state that there has been no agreement, conspiracy, understanding or arrangement to which the petitioner is either directly or indirectly a party for the purpose of subverting the administration of justice, fabricating or suppressing evidence or deceiving the court;
(g) if the petitioner is relying on the respondent's adultery or cruelty, state that the petitioner has not condoned or connived at the act or conduct complained of, or if there has been condonation or connivance, set out the circumstances that indicate that the public interest would be better served by granting the divorce;
(h) provide particulars of the present and proposed custody and access arrangements in respect of each child of the marriage, if different from those set out in the petition;
(i) if the petitioner claims support, provide particulars of his or her and the children's needs and of the respondent's means, with reference to the financial statements filed in the action, and set out particulars of any change in circumstances since the financial statements were filed;
(j) if the petitioner does not claim a division of property, confirm that he or she does not wish to claim a division of property at this time and state that he or she is aware that a claim for a division of property may be barred after the divorce;
(k) if the petitioner wishes to include in the judgment provisions of a consent, settlement, separation agreement or previous court order, refer to the document as an exhibit and refer to the specific provisions to be included;
(l) if the petitioner claims costs, set out sufficient facts to enable the court to determine whether costs should be awarded;
(m) if the petitioner seeks to have the divorce take effect earlier than thirty-one days after it is granted, set out the special circumstances that justify the earlier effective date, state that the spouses have agreed that no appeal will be taken from the judgment and refer to the agreement as an exhibit; and
(n) provide the respondent spouse's last known address and state the means by which the address is known.
Respondent's Affidavit
(3) An affidavit made by a respondent spouse in support of the motion (Form 69S) shall,
(a) state that the respondent is the petitioner's spouse;
(b) provide the respondent's address for service of the judgment;
(c) if the petitioner is relying on the respondent's adultery and the respondent is prepared to admit the adultery, state that the respondent is aware that he or she is not obliged to give evidence that he or she has committed adultery, but that he or she is willing to give that evidence;
(d) contain the matters referred to in clauses (2)(a), (b), (f), (g), (h) and (i); and
(e) if the respondent does not claim a division of property, confirm that he or she does not wish to claim a division of property at this time and state that he or she is aware that a claim for a division of property may be barred after the divorce.
Where Counterpetitioner Moves for Judgment
(4) If the motion for judgment is made by the counterpetitioner, subrules (2) and (3) (petitioner's and respondent's affidavits) apply and references to the petition and petitioner shall be deemed to be references to the counterpetition and counterpetitioner.
Affidavit of Person Involved in Adultery
(5) Where a person with whom a respondent spouse is alleged to have committed adultery is prepared to admit the adultery and files an affidavit in support of the motion, the affidavit shall state that the person is aware that he or she is not obliged to give evidence that the respondent spouse committed adultery with him or her, but that he or she is willing to give that evidence.
Oral Evidence at Heating of Motion
(6) Instead of or in addition to filing an affidavit in support of the motion, the petitioner or counterpetitioner may examine witnesses at the hearing of the motion and subrule 39.03(4) (leave to examine witness at hearing) does not apply.
Draft Judgment
(7) The moving party shall file with the notice of motion four copies of the draft divorce judgment (Form 69T), a stamped envelope addressed to each of the parties and, where the Children's Lawyer has prepared a report in the action, a stamped envelope addressed to the Children's Lawyer.
(8) If a draft judgment provides for the payment of support, the moving party shall file with the notice of motion a fifth copy for filing by the registrar in the office of the Director of the Family Responsibility Office.
Registrar to Present Motion to Judge
(9) The registrar shall present the notice of motion and the evidence filed in support to a judge.
(10) Before presenting the motion to a judge, the registrar shall examine the notice of motion, the evidence filed in support and the draft divorce judgment and shall complete a registrar's certificate (Form 69U).
Judgment
(11) If judgment is granted on the motion in accordance with the draft filed, the registrar shall forthwith sign and enter judgment and mail a copy of it in each envelope provided under subrule (7).
(12) If judgment is to be granted on the motion, but not in accordance with the draft filed, the judge shall hear submissions on behalf of the moving party or adjourn the motion for that purpose.
ADJOURNMENT OF TRIAL
Resumption after Adjournment
69.20 (1) Where a judge grants an adjournment of the trial under subsection 10(2) of the Act before hearing any evidence, a motion for resumption of the trial under subsection 10(3) of the Act may be made to any judge.
(2) Where a judge grants an adjournment of the trial under subsection 10(2) of the Act after commencing the hearing of evidence, a motion for resumption of the trial under subsection 10(3) of the Act may be made only to the same judge.
Notice to Attorney General
(3) The judge trying a divorce action may adjourn the trial for any reason to such time and place as are just and, in a proper case, may direct that the registrar forthwith give notice to the Attorney General of the proceeding, its state and the reasons of the judge for directing that notice be given.
(4) Where notice is given, the Attorney General may appear by counsel on the
adjourned trial and make submissions and otherwise participate in the proceeding to the extent that the judge allows.
REFERENCE TO A FAMILY LAW COMMISSIONER
69.21 Revoked
CERTIFICATE OF DIVORCE
69.22 The registrar in the office where a divorce action was commenced shall issue a certificate of divorce (Form 69V) when,
(a) the divorce has taken effect;
(b) a requisition has been filed with the registrar, accompanied by an affidavit sworn after the divorce took effect and stating that,
(i) no appeal from the divorce is pending, or any such appeal has been abandoned or dismissed, and
(ii) no order has been made extending the time for appealing from the divorce, or if any such order has been made, the extended time has expired without an appeal being taken; and
(c) the registrar has searched the court records and ascertained that there is no indication that the affidavit is incorrect.
REGISTRAR TO NOTIFY LOCAL REGISTRAR OF APPEAL
69.23 On the filing of a notice of appeal from a divorce or the making of an order extending the time for such an appeal, the Registrar of the Court of Appeal shall forthwith notify the registrar in the office where the action was commenced.
VARIATION OF FINAL ORDER FOR COROLLARY RELIEF
By Application
69.24 (1) A person who wishes to vary, suspend or rescind a final order for support, custody or access under section 17 of the Act or to obtain such an order after a divorce shall do so by notice of application.
Filing of Financial Statements
(2) If an application under subrule (1) is in respect of support, the applicant shall file and serve a financial statement (short form) (Form 69M) and a notice to file financial statement (Form 69W) with the notice of application, and the respondent shall deliver a financial statement (short form) (Form 69M) with the notice of appearance.
(3) A respondent who does not intend to defend the application shall nevertheless deliver a financial statement (short form) (Form 69M) within the time prescribed for delivery of a notice of appearance, but a respondent's failure to do so does not prevent the applicant from bringing the application on for hearing.
(4) Where a respondent fails to comply with a notice to file financial statement, the applicant may move without notice for an order requiring the delivery of a financial statement within a specified time.
(5) Where a financial statement is required to be filed or delivered under subrule (2) or (3), the registrar shall not accept the notice of application or notice of appearance for issuing or filing without the financial statement.
(6) In an application in which a claim is made in relation to custody of a child, the court may order the parties to deliver financial statements within a specified time.
Assigned Support Order
(6.1) In an application under sub rule (1) in respect of a support order that
has at any time been assigned in accordance with subsection 20.1(1) or its predecessor of the Act,
(a) the applicant shall also serve the assignee of the support order with the applicant's notice of application, affidavit in support and financial statement; and
(b) the respondent shall also serve the assignee with the respondent's notice of appearance, responding affidavit and financial statement.
(6.2) On delivering a notice of appearance, the assignee becomes a respondent to the extent of its financial interest.
(6.3) The assignee is not required to serve a financial statement.
(6.4) If the applicant does not serve the assignee as required by subrule
(6.1), the court may at any time, on motion by the assignee on notice to the parties to the application, set aside an order made in the application so far as it deals with an issue in which the assignee has a financial interest.
(6.5) On a motion referred to in subrule (6.4), the burden of proving that the order should not be set aside is on the party who asked for the variation order.
(6.6) If the order made in the application is set aside, the assignee of the support order is entitled to substantial indemnity costs of the motion to set aside, unless the court orders otherwise.
Contents of Affidavit in Support
(7) An affidavit in support of the application shall set out,
(a) the place of ordinary residence of the parties and the children of the marriage;
(b) the current marital status of the parties;
(c) particulars of the change in circumstances relied on;
(d) particulars of current custody and access arrangements and of any proposed change;
(e) particulars of current support arrangements and any proposed change;
(f) particulars of any arrears of support under an order or agreement;
(f.1) in an application to vary a support order, whether the support order was assigned and any particulars of the assignment known to the applicant; and
(g) particulars of any efforts made to mediate the matters in issue or of any assessment made in relation to custody or access.
Interprovincial Variation
(8) Evidence given by a person in Ontario in an application referred to in subsection 18(2) of the Act (provisional order) shall be given by affidavit, unless the court orders otherwise.
(9) The registrar shall serve a notice of confirmation hearing (Form 69X) under
subsection 19(2) of the Act and the other documents referred to in that subsection,
(a) on the respondent, in the same manner as an originating process; and
(b) on the applicant, by mail.
(10) A respondent in an application referred to in subsection 18(2) of the Act shall serve and file a financial statement (short form) (Form 69M) within ten days after service of the notice of confirmation hearing.
(11) Where a court outside Ontario remits a variation proceeding to a court in Ontario for further evidence, the registrar shall serve a notice requiring further evidence (Form 69Y) on the parties by mail.
(12) Where a court in Ontario receives further evidence from a court outside Ontario under subsection 18(6) or 19(6) of the Act, the registrar shall serve a notice of resumption of hearing (Form 69Z) on the parties by mail.
(13) The registrar shall perform the duties imposed on the court or an officer of the court by subsections 18(3) and (6) and 19(3) and (12) of the Act (transmission and filing of documents).
MOTION TO VARY CHILD SUPPORT ORDER
Where Available
69.24.1 (1) This rule applies where a person asks to vary only a provision
of an interim or final order that deals with child support and asks only for one or more of the following in the variation order:
1. An order that child support be paid, whether in accordance with the Child Support Guidelines or not, or an order that child support be terminated.
2. An order suspending, reducing or rescinding child support arrears.
3. An order setting a payment schedule for child support arrears.
4. Costs.
Procedure by Motion
(2) Despite subrule 69.24(1) (variation by application), a person who asks for a variation order described in subrule (1) shall do so by motion.
(3) Subrules 69.24(6.1) to (6.6) (assigned orders), (8), (9) and (11) to (13) (interprovincial variations) apply, with necessary modifications, to motions under this rule.
Place for Motion
(4) Despite rule 37.03 (place of hearing for motions), the notice of motion and other material required by this rule shall be filed and the motion shall be heard,
(a) in the county where any party resides; or
(b) in a county chosen by all parties, but only with the court's permission given in advance in that county.
Service
(5) The notice of motion and other material required by this rule shall be served in accordance with Rule 16 as if the notice of motion were an originating process.
Financial Statements
(6) The party asking for the variation order shall serve and file, with proof of service, a financial statement (short form) (Form 69M) and a notice to file financial statement (Form 69W) with the notice of motion.
(7) The other party shall serve and file, with proof of service, a financial statement (short form) within the time for serving and filing responding material, whether or not the other party intends to defend the motion.
(8) Where the other party does not comply with a notice to file financial statement, the party asking for the variation order may make a motion without notice for an order requiring the other party to serve and file a financial statement within a specified time.
(9) Where a financial statement is required to be served and filed under subrules (6) to (8), the registrar shall not accept the notice of motion or the responding material for filing without the financial statement.
(10) Despite subrules (6) to (9), the parties do not have to serve or file financial statements where they file an agreement in writing that financial statements are not required.
Consent Variation - Materials to be Filed
(11) Where the parties have agreed on the terms of a variation order and the terms include only the matters referred to in subrule (1), they shall file a variation information form (Form 69Z.1), a consent (Form 69Z.2), five copies of a draft variation order, a stamped envelope addressed to each of the parties, a support deduction order information form prescribed by the regulations under the Family Responsibility and Support Arrears Enforcement Act, 1996 and a draft support deduction order, but the parties do not need to serve or file a notice of motion.
(12) The variation information form shall have attached to it as exhibits,
(a) a copy of any existing interim or final order or agreement that deals with child support;
(b) a copy of every personal incomes tax return filed by the payor for the three most recent taxation years and every notice of assessment or reassessment of the returns;
(c) where the payor is an employee, proof of the current year's earnings from the payor's employer as provided in clause 21(1)(c) of the Child Support Guidelines; and
(d) where the payor is self-employed, is a partner in a partnership, controls a corporation or is a beneficiary under a trust, the material referred to in clauses 21(1)(d) to (g) of the Child Support Guidelines.
(13) Where,
(a) the variation order asked for is for an amount other than only the table amount under the Child Support Guidelines;
(b) the variation order asked for relates to a child over the age of 18 years, a child for whom the payor stands in the place of a parent or a child in respect of whom the payor has access or physical custody not less than 40 per cent of the time over the course of a year;
(c) each party has custody of one or more children; or
(d) the payor's annual income as determined under the Child Support Guidelines is greater than $150,000;
the variation information form shall also have attached to it as exhibits the following documents:
1. A copy of every personal income tax return filed by the recipient for the three most recent taxation years and every notice of assessment or reassessment of the returns.
2. Where the recipient is an employee, proof of the current year's earnings from the recipient's employer as provided in clause 21(1)(c) of the Child Support Guidelines.
3. Any other material referred to in clauses 21(1)(d) to (g) of the Child Support Guidelines.
(14) Where the parties agree that the court should make an order not in accordance with the Child Support Guidelines because special provisions in an order or agreement directly or indirectly benefit a child or because reasonable arrangements have been made on consent for child support, the parties shall provide evidence to satisfy the court that it should make the order asked for.
Consent Variation - Parties not to Appear
(15) Where the parties file the material required by subrules (11) to (14), they shall not appear in court and the registrar shall present the material to a judge.
(16) The judge may grant the order sought or may require one or both of the parties to me further material or to appear in court.
Variation not on Consent - Minimum Notice Period
(17) Where the parties have not agreed on the terms of a variation order, notice of a variation motion shall be served, despite subrule 37.07(6) (minimum notice period),
(a) at least 30 days before the date on which the motion is to be heard,
where the responding party resides in Canada or the United States of
America; or
(b) at least 60 days before the date on which the motion is to be heard, where the responding party resides elsewhere.
Variation not on Consent-Materials to be Served
(18) Where the parties have not agreed on the terms of a variation order, the party asking for the variation order shall serve and me, with proof of service, a notice of motion and either a variation information form or an affidavit that sets out,
(a) the municipality and province where the parties and the children for whom support is payable or for whom support is asked ordinarily reside;
(b) the name and birth date of each child for whom support is payable or is asked;
(c) the current marital status of the parties;
(d) particulars of current custody and access arrangements;
(e) particulars of current child and spousal support arrangements, and a copy of any existing final order or agreement that deals with child support shall be attached as an exhibit to the affidavit;
(f) particulars of any arrears of child or spousal support under an order or agreement;
(g) whether the support order was assigned in accordance with subsection 20.1(1) or its predecessor of the Act, and any particulars of the assignment known to the party asking for the variation order;
(h) particulars of the change asked for in child support, including any special or extraordinary expenses and where applicable, any contribution that the support recipient or the child could make;
(i) particulars of the change in circumstances relied on and the reason for the change asked for in child support;
(j) particulars of the support payor's annual income and the Child Support Guidelines table amount for that income;
(k) particulars of the support recipient's annual income where,
(i) the variation order asked for is for an amount other than only the table amount under the Child Support Guidelines,
(ii) the variation order asked for relates to a child over the age of 18 years,
(iii) the variation order asked for relates to a child for whom the payor stands in the place of a parent,
(iv) the variation order asked for relates to a child in respect of whom the payor has access or physical custody not less than 40 per cent of the time over the course of a year,
(v) each party has custody of one or more children, or
(vi) the party claims that support in accordance with the Child Support Guidelines would cause undue hardship;
(l) where the party claims that support in accordance with the Child Support Guidelines would cause undue hardship, the evidence required under subsection 10(3) of the Child Support Guidelines; and
(m) where the party claims that the court should make an order for support not in accordance with the Child Support Guidelines because of special provisions in an order or agreement that directly or indirectly benefit a child, the evidence necessary to satisfy the court that it should make the order asked for.
(19) The party responding to the motion shall serve and file, with proof of service, an affidavit that,
(a) sets out any disagreement with the contents of the variation information form or affidavit served under subrule (18) and corrects any errors in it;
(b) where the party claims that support in accordance with the Child Support Guidelines would cause undue hardship, sets out the evidence required under subsection 10(3) of the Child Support Guidelines; and
(c) where the party claims that the court should make an order for support not in accordance with the Child Support Guidelines because of special provisions in an order or agreement that directly or indirectly benefit a child, the evidence necessary to satisfy the court that it should make the order asked for.
(20) The payor shall attach as exhibits to the variation information form or affidavit required by subrule (18) or (19),
(a) a copy of every personal income tax return filed by the payor for the three most recent taxation years and every notice of assessment or reassessment of the returns;
(b) where the payor is an employee, proof of the current year's earnings from the payor's employer as provided in clause 21(1)(c) of the Child Support Guidelines; and
(c) where the payor is self-employed, is a partner in a partnership, controls a corporation or is a beneficiary under a trust, the material referred to in clauses 21(1)(d) to (g) of the Child Support Guidelines.
(21) Where,
(a) the variation order asked for is for an amount other than only the table amount under the Child Support Guidelines.
(b) the variation order asked for relates to a child over the age of 18 years;
(c) the variation order asked for relates to a child for whom the payor stands in the place of a parent;
(d) the variation order asked for relates to a child in respect of whom the payor has access or physical custody not less than 40 per cent of the time over the course of a year;
(e) each party has custody of one or more children; or
(f) either party claims that support in accordance with the Child Support Guidelines would cause undue hardship,
the recipient shall attach the following documents as exhibits to the variation information form or affidavit required by sub rule (18) or (19):
1. A copy of every personal income tax return filed by the recipient for the three most recent taxation years and every notice of assessment or reassessment of the returns.
2. Where the recipient is an employee, proof of the current year's earnings from the recipient's employer as provided in clause 21(1)(c) of the Child Support Guidelines.
3. Any other material referred to in clauses 21(1)(d) to (g) of the Child Support Guidelines.
Powers of Court
(22) Where the court is of the opinion that a variation motion, whether or lot on consent, can not be properly determined because of the material filed, because of the matters in dispute between the parties or for any other reason, :he court may give directions accordingly, including an order under clause
REGISTRATION OF ORDERS FOR COROLLARY RELIEF FROM OTHER
PROVINCES
69.25 (1) An order under section 15 or 16 of the Act that was made by a court outside Ontario may be registered under paragraph 20(3)(a) of the Act by filing a certified copy with the local registrar at Toronto, and the order shall then be entered as an order of the Court.
(2) The certified copy of the order may be filed with the local registrar at Toronto by forwarding it to him or her by ordinary mail, accompanied by a written request that it be registered under paragraph 20(3)(a) of the Act.
COSTS
69.26 The costs of a divorce action shall be assessed in accordance with Tariff B, unless a judge orders otherwise.
SUPPORT ORDER ENFORCEMENT
69.27 Rule 70.10.1 (support order enforcement) applies, with necessary modifications, to a divorce action and to a support order made in a divorce action.
RULE 70 FAMILY LAW PROCEEDINGS
APPLICATION OF THE RULE
70.01 Rules 70.02 to 70.14 apply to proceedings under,
(a) Parts I, II and III of the Family Law Act;
(b) Part III of the Children's Law Reform Act;
c) the Interjurisdictional Support Orders Act, 2002;
(d) section 11 of the Change of Name Act; and
(e) the Family Responsibility and Support Arrears Enforcement Act, 1996.
(2) They do not apply to proceedings in the Family Court of the Superior Court of Justice, which are governed by Ontario Regulation 114/99 (Family Law Rules), except as provided by those rules.
DEFINITIONS
70.02 In rules 70.03 to 70.14,
"applicant" includes a plaintiff;
"respondent" includes a defendant; and
"responding document" means a statement of defence, defence to counterclaim or affidavit in opposition to an application.
ORIGINATING PROCESS
Claim for Relief
70.03 (1) An originating process that contains a claim for support or division of property shall set out the nature and amount of relief claimed and, if support is claimed, the amount for each dependant.
Application by Government Agency
(2) Where the Ministry of Community and Social Services, a municipality, a district welfare administration board or a band is an applicant for an order for the support of a dependant under subsection 33(3) of the Family Law Act, 1986, it shall serve the originating process on the dependant.
70.03.1 Mandatory Information Program
Application of rule 69.05.1
(1) Rule 69.05.1 applies, with necessary modifications, to proceedings governed by this Rule that are commenced at Toronto after July 1, 1998 and in which any relief, other than costs, the incorporation of the terms of a separation agreement or prior court order and variation of the terms of a final order, is sought.
Exceptions
(2) Despite subrule (1), rule 69.05.1 does not apply to proceedings under,
(a) the Change of Name Act;
(b) the Family Responsibility and Support Arrears Enforcement Act, 1996; or
(c) the Interjurisdictional Support Orders Act, 2002.
Exception
(3) Subrules 69.05.1 (3) to (6) 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.
Revocation
4) This rule is revoked on December 31, 2007.
FINANCIAL STATEMENTS
Applicant's Financial Statement
70.04 (1) Where an order is sought under section 7 (division of property), 33 (support) or 37 (variation of support) of the Family Law Act, a financial statement (Form 69K) shall be filed and served with the originating process, together with a notice to file financial statement (Form 69W).
(2) Where the originating process is a notice of action, the financial statement shall be delivered with the statement of claim.
Respondent's Financial Statement
(3) A respondent served with the applicant's financial statement shall deliver a financial statement with his or her responding document.
(4) A respondent who does not intend to defend the proceeding shall nevertheless deliver a financial statement within the time prescribed for the delivery of his or her responding document, but a respondent's failure to do so does not prevent the applicant from bringing the proceeding on for hearing or moving for judgment.
Registrar to Refuse Documents Unless Accompanied by Financial Statements
(5) Where a financial statement is required to be filed or delivered with an originating process, statement of claim or responding document, the registrar shall not accept the originating process, statement of claim or responding document for issuing or filing without the financial statement.
Order for Delivery
(6) Where a respondent fails to comply with a notice to file financial statement, the applicant may move without notice for an order requiring the delivery of a financial statement within a specified time.
(7) In a proceeding in which a claim is made for custody of a child, the court may order the parties to deliver financial statements (short form) (Form 69M) within a specified time.
Subrules 69.14(8) to (14) Apply
(8) Subrules 69.14(8) to (14) (particulars, failure to deliver, cross-examination, duty to correct) apply, with necessary modifications, to financial statements referred to in subrules (1) to (7).
Net Family Property Statement
(9) In a proceeding in which a claim is made for a division of property, each spouse shall deliver a net family property statement (Form 69N) at least seven days before each of the following:
1. A pre-trial conference.
2. A motion for judgment.
3. The hearing.
Divorce Action
(10) Where a claim under the Family Law Act or the Children's Law Reform Act is made in a divorce action, the obligations of the spouses respecting financial statements are governed by rule 69.14.
PLACE OF HEARING
70.05 (1) An applicant who makes a claim for custody of or access to a child who ordinarily resides in Ontario shall name in the originating process as the place of hearing a place where the court normally sits in the county in which the child ordinarily resides.
(2) Where a claim referred to in subrule (1) is made in a divorce action, the place of trial is governed by rule 69.17.
(3) The hearing shall be held at the place named in the originating process unless an order is made under rule 46.03 to change the place of hearing, and for the purpose of changing the place of hearing an application shall be treated as an action.
CHILDREN"S LAWYER'S REPORT
70.06 Subrules 69.16(1) to (8) (Children's Lawyer's report) apply, with necessary modifications, to proceedings under Part III of the Children's Law Reform Act.
REFERENCE TO A FAMILY LAW COMMISSIONER
70.07 Revoked O. Reg. 288/99, s.26
INTERIM RELIEF
70.08 Rule 69.15 (interim relief) applies, with necessary modifications, to a motion for interim relief in a proceeding under the Family Law Act or the Children's Law Reform Act.
VARIATION APPLICATION
70.08.1 (1) Rule 69.24 (variation of final order) applies, with necessary modifications, in respect of a support order made under the Family Law Act or a custody or access order made under the Children's Law Reform Act.
(2) Rule 37 of the Family Law Rules (Ontario Regulation 114/99) applies, with necessary modifications, to a support order made under the Interjurisdictional Support Orders Act, 2002.
MOTION TO VARY CHILD SUPPORT ORDER
70.08.2 Motion to Vary Child Support Order — (1) Rule 69.24.1 (motion to vary child support) applies, with necessary modifications, in respect of a support order made under the Family Law Act.
(2) Rule 37 of the Family Law Rules (Ontario Regulation 114/99) applies, with necessary modifications, to a support order made under the Interjurisdictional Support Orders Act, 2002.
PROCEEDING TRANSFERRED FROM ONTARIO COURT (PROVINCIAL
DIVISION)
70.09 (1) Where a proceeding is transferred from the Ontario Court (Provincial Division) to the Superior Court of Justice under subsection 2(2) of the Family Law Act or section 67 of the Children's Law Reform Act, the proceeding shall continue without duplication of any steps taken before the transfer unless the court to which the proceeding is transferred directs otherwise.
(2) The court to which a proceeding is transferred may, on motion, give directions for the conduct of the proceeding.
APPEAL FROM ONTARIO COURT (PROVINCIAL DIVISION)
Commencement of Appeal
70.10 Revoked O. Reg. 288/99, s. 26.
SUPPORT ORDER ENFORCEMENT
Support deduction information form
70.10.1(1) In a proceeding where support or a variation of support is claimed, the parties shall file with the court, with the material for the hearing of a motion for judgment or for interim support with the material for the trial or the hearing of the application, the support deduction order information form prescribed by the regulations under the Family Responsibility and Support Arrears Enforcement Act, 1996. (Form 70A.1).
(2) The court may proceed in the absence of complete information on the information form about the payor's address or income sources.
Form of support deduction order or suspension order
(3) Subrule 59.03(1) (approval of draft order) does not apply to a support deduction order or suspension order under the Family Responsibility and Support Arrears Enforcement Act, 1996.
Terminology in enforcement
(4) In any document in relation to the enforcement of a support order, "recipient" shall be used instead of "creditor" and "payor" shall be used instead of "debtor."
(5) Despite subrule (4), a document served, filed or issued before the lst of January 1993 is not incorrect for the reason that it uses "creditor" or "debtor".
Place of hearing
(6) A hearing in relation to the enforcement of a support order, including the hearing of a motion for a suspension order, shall be held, despite subrule 37.03(2) (place of hearing of motion made on notice),
(a) in the county where the recipient under the order resides;
(b) where the recipient does not reside in Ontario, in the county where the support order is filed for enforcement with a sheriff or with the Director of the Family Responsibility Office;
(c) on consent of the person enforcing the order, in the county where the payor under the order resides; or
(d) in the case of a motion made under subsection 3.3(18) of the Family Responsibility and Support Arrears Enforcement Act, 1996t, in the county where the income source resides.
Garnishment by Director of Family Support Plan
(7) A notice of garnishment issued on requisition by the Director of the Family Responsibility Office shall be in form 70A.2, and subrules 60.08(15) to (19) (liability, payment, dispute, enforcement) apply with necessary modifications, as if the Director were a sheriff.
Statutory declaration indexing garnishment
(8) Subrules (9) and (10) apply where a notice of garnishment is issued to enforce a support order, domestic contract or paternity agreement that provides for indexation of periodic payments on account for inflation.
(9) The person enforcing the order, contract or agreement may serve on the garnishee and the payor, by ordinary mail, personal service or an alternative to personal service under rule 16.03, a statutory declaration (Form 70A.3) setting out the new amount to be paid under the order, contract or agreement as a result of indexation, and may file the declaration with the court with proof of service.
(10) The garnishee is liable from the date of service on the garnishee to pay the new amount set out in the declaration as if that amount were set out in the notice of garnishment, and subrules 60.08(15) to (19) (dispute, enforcement, payment) apply, with necessary modifications.
WARRANT FOR ARREST
70.11 A warrant for the arrest of a debtor or respondent referred to in section 43 of the Family Law Act or section 13 of the Family Responsibility and Support Arrears Enforcement Act, 1996 shall be in (Form B).
RECOGNIZANCE
70.12 A recognizance required by an order made under subsection 46(1) of the Family Law Act or section 35 of the Children's Law Reform Act shall be in Form 70C and shall be entered into before the registrar or such other officer as a judge directs.
RECIPROCAL ENFORCEMENT OF MAINTENANCE ORDERS
70.13 Revoked O. Reg. 54/03. s. 5
REQUEST BY EXTRA-PROVINCIAL TRIBUNAL FOR EVIDENCE IN CUSTODY CASES
Issuing Summons to Give Evidence
70.14 (1) Where the Attorney General refers a request of an extra-provincial tribunal to the court under section 33 of the Children's Law Reform Act, the registrar shall issue a summons in Form 70D requiring the person named in the request to produce or give evidence in accordance with the request.
Service of Summons
(2) The summons and a copy of the request of the extra-provincial tribunal and any supporting material that accompanied the request shall be served on the person named in the request, personally and not by an alternative to personal service, at least five days before he or she is required to produce or give evidence.
(3) Where the person named in the request is not a party to the proceeding before the extra-provincial tribunal and the summons requires the person to give oral evidence, attendance money calculated in accordance with Tariff A shall be paid or tendered to the person when the summons is served.
(4) A copy of the summons shall be served on the Attorney General within the time prescribed by subrule (2).
Affidavit Evidence
(5) Where the summons does not require the person to give oral evidence, the person may file with the registrar the evidence required, verified by the person's affidavit.
Oral Evidence
(6) Where the summons requires the person to give oral evidence, the person shall attend before a judge or officer of the court, as set out in the summons, to be examined in accordance with the summons.
Evidence to be Sent to Extra-Provincial Tribunal
(7) The registrar shall send to the extra-provincial tribunal a certified copy of evidence produced or given under this rule.
Sanctions for Disobeying Summons
(8) Subrules 53.04(7) and (8) apply, with necessary modifications, to a person who after having been served in accordance with subrules (2) and (3) fails to comply with the summons.
RULE 71 CHILD AND FAMILY SERVICES ACT APPEALS
71.01 Revoked O. Reg. 288/99. s. 26