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Family Law Rules – Rule 32.1: Enforcement of Family Arbitration Awards

Angela Princewill

November 21, 2015

RULE 32.1:  ENFORCEMENT OF FAMILY ARBITRATION AWARDS

REQUESTING ENFORCEMENT

32.1 (1) A party who is entitled to the enforcement of a family arbitration award and who wants to ask the court to enforce the award under section 59.8 of the Family Law Act may file a request to enforce a family arbitration award (Form 32.1), together with,

(a) copies of the certificates of independent legal advice required by the Family Law Act for the parties to the family arbitration agreement;

(b) a copy of the family arbitration agreement; and

(c) the original award or a certified copy. O. Reg. 388/12, s. 8.

WHEN REQUIRED TO PROCEED BY MOTION

(2) Despite subrule (1), if there is already a family law case to which these rules apply between the parties to the family arbitration agreement in the Superior Court of Justice or the Family Court of the Superior Court of Justice, the party entitled to enforcement shall make a motion in that case rather than a request under this rule, and subrule 14 (24) applies in respect of the motion. O. Reg. 388/12, s. 8.

APPLICATION OF OTHER RULES

(3) The rules that apply to an application apply to a request to enforce a family arbitration award that is proceeding under this rule, unless these rules provide otherwise. O. Reg. 388/12, s. 8.

HEARING DATE

(4) When a request to enforce a family arbitration award is filed, the clerk shall set a hearing date. O. Reg. 388/12, s. 8.

SERVICE

(5) The request shall be served immediately on every other party. O. Reg. 388/12, s. 8.

REQUEST NOT SERVED ON OR BEFORE HEARING DATE

(6) If a request to enforce a family arbitration award is not served on a respondent on or before the hearing date, the clerk shall, at the applicant’s request, set a new hearing date for that respondent, and the applicant shall make the necessary change to the request and serve it immediately on that respondent. O. Reg. 388/12, s. 8.

OPPOSING A REQUEST

(7) Despite subrule 10 (1) (serving and filing answer), a respondent who wants to oppose a request to enforce a family arbitration award shall serve a dispute of request for enforcement (Form 32.1A) on every other party and file it,

(a) no later than 30 days after being served with the request; or

(b) if the request is served outside Canada or the United States of America, no later than 60 days after being served with the request. O. Reg. 388/12, s. 8.

WRITTEN HEARING

(8) Unless the court orders otherwise under subrule (10), the request shall be dealt with on the basis of written documents without the parties or their lawyers needing to come to court. O. Reg. 388/12, s. 8.

REQUEST FOR ORAL HEARING

(9) A respondent may request an oral hearing by filing a motion form (Form 14B) within seven days after being served with the request to enforce a family arbitration award. O. Reg. 388/12, s. 8; O. Reg. 69/15, s. 11.

ORDER FOR ORAL HEARING

(10) The court may order an oral hearing, on motion or on its own initiative, if it is satisfied that an oral hearing is necessary to deal with the case justly. O. Reg. 388/12, s. 8.

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