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Family Law Rules – Rule 32: Bonds, Recognizances and Warrants

Angela Princewill

November 21, 2015

RULE 32:  BONDS, RECOGNIZANCES AND WARRANTS

WARRANT TO BRING A PERSON TO COURT

32. (1) If a person does not come to court after being served with notice of a case, enforcement or motion that may result in an order requiring the person to post a bond,

(a) the court may issue a warrant for the person’s arrest, to bring the person before the court, and adjourn the case to await the person’s arrival; or

(b) the court may,

(i) hear and decide the case in the person’s absence and, if appropriate, make an order requiring the person to post a bond, and

(ii) if the person has been served with the order and does not post the bond by the date set out in the order, issue a warrant for the person’s arrest, on motion without notice, to bring the person before the court.  O. Reg. 114/99, r. 32 (1).

FORM OF BOND AND OTHER REQUIREMENTS

(2) A bond shall be in Form 32, does not need a seal, and shall,

(a) have at least one surety, unless the court orders otherwise;

(b) list the conditions that the court considers appropriate;

(c) set out an amount of money to be forfeited if the conditions are not obeyed;

(d) shall require the person posting the bond to deposit the money with the clerk immediately, unless the court orders otherwise; and

(e) name the person to whom any forfeited money is to be paid out.  O. Reg. 114/99, r. 32 (2).

PERSON BEFORE WHOM RECOGNIZANCE TO BE ENTERED INTO

(3) A recognizance shall be entered into before a judge, a justice of the peace or the clerk.  O. Reg. 114/99, r. 32 (3).

CHANGE OF CONDITIONS IN A BOND

(4) The court may, on motion, change any condition in a bond if there has been a material change in a party’s circumstances since the date of the order for posting the bond or the date of an order under this subrule, whichever is more recent.  O. Reg. 114/99, r. 32 (4).

CHANGE IN BOND UNDER CHILDREN’S LAW REFORM ACT

(5) In the case of a bond under the Children’s Law Reform Act, subrule (4) also applies to a material change in circumstances that affects or is likely to affect the best interests of the child.  O. Reg. 114/99, r. 32 (5).

REMOVAL OR REPLACEMENT OF SURETY

(6) The court may, on motion, order that a surety be removed or be replaced by another person as surety, in which case as soon as the order is made, the surety who is removed or replaced is free from any obligation under the bond.  O. Reg. 114/99, r. 32 (6).

MOTION TO ENFORCE BOND

(7) A person requesting the court’s permission to enforce a bond under subsection 143 (1) (enforcement of recognizance or bond) of the Courts of Justice Act shall serve a notice of forfeiture motion (Form 32A), with a copy of the bond attached, on the person said to have broken the bond and on each surety.  O. Reg. 114/99, r. 32 (7).

FORFEITURE IF NO DEPOSIT MADE

(8) If an order of forfeiture of a bond is made and no deposit was required, or a deposit was required but was not made, the order shall require the payor or surety to pay the required amount to the person to whom the bond is payable,

(a) in a single payment, immediately or before a date that the court chooses; or

(b) in instalments, over a period of time that the court considers appropriate.  O. Reg. 114/99, r. 32 (8).

CHANGE IN PAYMENT SCHEDULE

(9) If time is allowed for payment under subrule (8), the court may, on a later motion by the payor or a surety, allow further time for payment.  O. Reg. 114/99, r. 32 (9).

ORDER FOR FORFEITURE OF DEPOSIT

(10) If an order of forfeiture of a bond is made and a deposit was required and was made, the order shall direct the clerk to pay the required amount immediately to the person to whom the bond is made payable.  O. Reg. 114/99, r. 32 (10).

CANCELLING BOND

(11) The court may, on motion, make an order under subrule (4), or an order cancelling the bond and directing a refund of all or part of the deposit, if,

(a) a payor or surety made a deposit under the bond;

(b) the conditions of the bond have not been broken; and

(c) the conditions have expired or, although they have not expired or do not have an expiry date, the payor or surety has good reasons for getting the conditions of the bond changed.  O. Reg. 114/99, r. 32 (11).

FORM OF WARRANT FOR ARREST

(12) A warrant for arrest issued against any of the following shall be in Form 32B:

1. A payor who does not file a financial statement ordered under subsection 40 (4) of the Family Responsibility and Support Arrears Enforcement Act, 1996 or under these rules.

2. A payor who does not come to a default hearing under section 41 of the Family Responsibility and Support Arrears Enforcement Act, 1996.

3. An absconding respondent under subsection 43 (1) or 59 (2) of the Family Law Act.

4. An absconding payor under subsection 49 (1) of the Family Responsibility and Support Arrears Enforcement Act, 1996.

5. A witness who does not come to court or remain in attendance as required by a summons to witness.

6. A  person who does not come to court in a case that may result in an order requiring the person to post a bond under these rules.

7. A person who does not obey an order requiring the person to post a bond under these rules.

8. A person against whom a contempt motion is made.

9. Any other person liable to arrest under an order.

10. Any other person liable to arrest for committing an offence.  O. Reg. 114/99, r. 32 (12).

BAIL ON ARREST

(13) Section 150 (interim release by justice of the peace) of the Provincial Offences Act applies, with necessary changes, to an arrest made under a warrant mentioned in paragraph 1, 2, 3 or 4 of subrule (12).  O. Reg. 114/99, r. 32 (13).

AFFIDAVIT FOR WARRANT OF COMMITTAL

(14) An affidavit in support of a motion for a warrant of committal shall be in Form 32C.  O. Reg. 114/99, r. 32 (14).

FORM OF WARRANT OF COMMITTAL

(15) A warrant of committal issued to enforce an order of imprisonment shall be in Form 32D.  O. Reg. 114/99, r. 32 (15).

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