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Family Law Rules – Rule 25: Orders

Angela Princewill

November 21, 2015

RULE 25:  ORDERS

CONSENT ORDER

25. (1) If the parties agree, the court may make an order under these rules or an Act without having the parties or their lawyers come to court.  O. Reg. 114/99, r. 25 (1).

SUCCESSFUL PARTY PREPARES DRAFT ORDER

(2) The party in whose favour an order is made shall prepare a draft of the order (Form 25, 25A, 25B, 25C or 25D), unless the court orders otherwise.  O. Reg. 114/99, r. 25 (2).

OTHER PARTY MAY PREPARE DRAFT ORDER

(3) If the party in whose favour an order is made does not have a lawyer or does not prepare a draft order within 10 days after the order is made, any other party may prepare the draft order, unless the court orders otherwise.  O. Reg. 114/99, r. 25 (3).

APPROVAL OF DRAFT ORDER

(4) A party who prepares an order shall serve a draft, for approval of its form and content, on every other party who was in court or was represented when the order was made (including a child who has a lawyer).  O. Reg. 114/99, r. 25 (4).

SETTLING CONTENTS OF DISPUTED ORDER

(5) Unless the court orders otherwise, a party who disagrees with the form or content of a draft order shall serve, on every party who was served under subrule (4) and on the party who served the draft order,

(a) a notice disputing approval (Form 25E);

(b) a copy of the order, redrafted as proposed; and

(c) notice of a time and date at which the clerk will settle the order by telephone conference.  O. Reg. 114/99, r. 25 (5).

TIME AND DATE

(6) The time and date shall be set by the clerk and shall be within five days after service of the notice disputing approval.  O. Reg. 114/99, r. 25 (6).

DISPUTED ORDER — SETTLEMENT BY JUDGE

(7) If unable to settle the order at the telephone conference, the clerk shall, as soon as possible, refer the order to the judge who made it, to be settled at a further telephone conference, unless the judge orders the parties to come to court for settlement of the order.  O. Reg. 114/99, r. 25 (7).

NO APPROVAL REQUIRED IF NO RESPONSE FROM OTHER PARTY

(8) If no approval or notice disputing approval (Form 25E) is served within 10 days after the draft order is served for approval, it may be signed without approval.  O. Reg. 114/99, r. 25 (8).

NO APPROVAL REQUIRED FOR CERTAIN ORDERS

(9) If an order dismisses a motion, case or appeal, without costs, or is prepared by the clerk under subrule (11), it may be signed without approval.  O. Reg. 114/99, r. 25 (9).

NO APPROVAL REQUIRED IN EMERGENCIES

(10) If the delay involved in getting an order approved would have serious consequences, the judge who made it may sign it without approval.  O. Reg. 114/99, r. 25 (10).

WHEN CLERK PREPARES ORDER

(11) The clerk shall prepare the order for signature,

(a) within 10 days after it is made, if no party has a lawyer;

(b) as soon as it is made,

(i) if it is a support deduction order or alternative payment order under the Family Responsibility and Support Arrears Enforcement Act, 1996 or an order under the Interjurisdictional Support Orders Act, 2002,

(i.1) if it is a restraining order under section 35 of the Children’s Law Reform Act or section 46 of the Family Law Act,

(i.2) if it is an order terminating a restraining order referred to in subclause (i.1), or

(ii) if the judge directs the clerk to do so.  O. Reg. 56/03, s. 3; O. Reg. 76/06, s. 6; O. Reg. 386/09, s. 1 (1).

RESTRAINING ORDERS

(11.1) A restraining order referred to in subclause 11 (b) (i.1) shall be in Form 25F or 25G.  O. Reg. 386/09, s. 1 (2).

(11.2) An order terminating a restraining order referred to in subclause 11 (b) (i.1) shall be in Form 25H.  O. Reg. 386/09, s. 1 (2).

WHO SIGNS ORDER

(12) An order may be signed by the judge who made it or by the clerk.  O. Reg. 114/99, r. 25 (12).

SERVICE OF ORDER

(13) Unless the court orders otherwise, the person who prepared an order shall serve it,

(a) on every other party, including a party to whom paragraph 1 of subrule 1 (8.4) (no notice to party) applies;

(b) if a child involved in the case has a lawyer, on the lawyer; and

(c) on any other person named by the court.  O. Reg. 114/99, r. 25 (13); O. Reg. 322/13, s. 15; O. Reg. 140/15, s. 2.

SUPPORT DEDUCTION ORDER NOT SERVED

(14) A support deduction order under the Family Responsibility and Support Arrears Enforcement Act, 1996 does not have to be served.  O. Reg. 114/99, r. 25 (14).

SERVICE OF CROWN WARDSHIP ORDER

(15) An order for Crown wardship under Part III of the Child and Family Services Act shall be served on the following persons, in addition to the ones mentioned in subrule (13):

1. The child, if that Act requires notice to the child.

2. Any foster parent or other person who is entitled to notice under subsection 39 (3) of that Act.

3. A Director appointed under that Act.  O. Reg. 114/99, r. 25 (15).

SERVICE OF SECURE TREATMENT ORDER

(16) An order for secure treatment under Part VI of the Child and Family Services Act shall be served on the administrator of the secure treatment program, in addition to the persons mentioned in subrule (13).  O. Reg. 114/99, r. 25 (16).

SERVICE OF ADOPTION ORDER

(17) An adoption order shall be served on the following persons, in addition to the ones mentioned in subrule (13):

1. The adopted child, if the child gave consent under subsection 137 (6) of the Child and Family Services Act.

2. The persons mentioned in subsection 162 (3) of that Act.  O. Reg. 114/99, r. 25 (17).

EFFECTIVE DATE

(18) An order is effective from the date on which it is made, unless it states otherwise.  O. Reg. 114/99, r. 25 (18).

CHANGING ORDER — FRAUD, MISTAKE, LACK OF NOTICE

(19) The court may, on motion, change an order that,

(a) was obtained by fraud;

(b) contains a mistake;

(c) needs to be changed to deal with a matter that was before the court but that it did not decide;

(d) was made without notice; or

(e) was made with notice, if an affected party was not present when the order was made because the notice was inadequate or the party was unable, for a reason satisfactory to the court, to be present.  O. Reg. 151/08, s. 6.

SAME

(20) Rule 14 applies with necessary changes to a motion to change a final order under subrule (19) and, for the purpose, clause 14 (6) (a) shall be read as if the reference to a temporary order were a reference to a final order.  O. Reg. 151/08, s. 6; O. Reg. 142/14, s. 10.

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