Chat with us, powered by LiveChat

Family Law Rules – Rule 11 – Amending an Application, Answer or Reply

Angela Princewill

November 14, 2015

RULE 11:  AMENDING AN APPLICATION, ANSWER OR REPLY

AMENDING APPLICATION WITHOUT COURT’S PERMISSION

11. (1) An applicant may amend the application without the court’s permission as follows:

1. If no answer has been filed, by serving and filing an amended application in the manner set out in rule 8 (starting a case).

2. If an answer has been filed, by serving and filing an amended application in the manner set out in rule 8 and also filing the consent of all parties to the amendment.  O. Reg. 114/99, r. 11 (1).

AMENDING ANSWER WITHOUT COURT’S PERMISSION

(2) A respondent may amend the answer without the court’s permission as follows:

1. If the application has been amended, by serving and filing an amended answer within 14 days after being served with the amended application.

2. If the application has not been amended, by serving and filing an amended answer and also filing the consent of all parties to the amendment.  O. Reg. 114/99, r. 11 (2).

CHILD PROTECTION, AMENDMENTS WITHOUT COURT’S PERMISSION

(2.1) In a child protection case, if a significant change relating to the child happens after the original document is filed,

(a) the applicant may serve and file an amended application, an amended plan of care or both; and

(b) the respondent may serve and file an amended answer and plan of care.  O. Reg. 91/03, s. 3.

AMENDING APPLICATION OR ANSWER WITH COURT’S PERMISSION

(3) On motion, the court shall give permission to a party to amend an application, answer or reply, unless the amendment would disadvantage another party in a way for which costs or an adjournment could not compensate.  O. Reg. 114/99, r. 11 (3).

CLAIM FOR CUSTODY OR ACCESS

(3.1) If an application or answer is amended to include a claim for custody of or access to a child that was not in the original application or answer, the amended application or amended answer shall be accompanied by the applicable documents referred to in rule 35.1.  O. Reg. 6/10, s. 4.

HOW AMENDMENT IS SHOWN

(4) An amendment shall be clearly shown by underlining all changes, and the rule or order permitting the amendment and the date of the amendment shall be noted in the margin of each amended page.  O. Reg. 114/99, r. 11 (4).

Share With