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Family Law Rules – Rule 37: Interjurisdictional Support Orders Act, 2002

Angela Princewill

November 21, 2015

RULE 37:  INTERJURISDICTIONAL SUPPORT ORDERS ACT, 2002

APPLICATION

37. (1) This rule applies to cases under the Act.  O. Reg. 56/03, s. 6.

DEFINITIONS

(2) In this rule,

“Act” means the Interjurisdictional Support Orders Act, 2002; (“Loi”)

“appropriate authority” has the same meaning as in the Act; (“autorité compétente”)

“designated authority” has the same meaning as in the Act; (“autorité désignée”)

“general regulation” means Ontario Regulation 55/03; (“règlement général”)

“send”, when used in reference to a person, means to,

<>(a) mail to the person’s lawyer or, if none, to the person,

(b) send by courier to the person’s lawyer or, if none, to the person,

<>(c) deposit at a document exchange to which the person’s lawyer belongs, or

(d) fax to the person’s lawyer or, if none, to the person. (“envoyer”)  O. Reg. 56/03, s. 6.

NOTICE OF HEARING

(3) When the court receives a support application or a support variation application the clerk shall, under section 10 or 33 of the Act,

(a) serve on the respondent, by special service,

(i) the notice of hearing mentioned in clause 10 (b) or 33 (b) of the Act (Form 37),

(ii) a copy of the documents sent by the designated authority, and

(iii) blank response forms; and

(b) send to the designated authority a copy of the notice of hearing and an information sheet (Form 37A).  O. Reg. 56/03, s. 6.

INFORMATION AND DOCUMENTS TO BE PROVIDED BY RESPONDENT

(4) The respondent shall file, within 30 days after service of the notice of hearing,

(a) an answer in Form N under the general regulation,

(i) identifying any issues the respondent intends to raise with respect to the support application, and

(ii) containing the financial information referred to in subsection 21 (1) of Ontario Regulation 391/97 (Child Support Guidelines), if the support application includes a claim for child support;

(b) an affidavit (Form 14A) setting out the evidence on which the respondent relies; and

(c) a financial statement in Form K under the general regulation.  O. Reg. 56/03, s. 6.

RESPONDENT’S FINANCIAL STATEMENT

(5) The respondent is required to file a financial statement whether he or she intends to dispute the claim or not.  O. Reg. 56/03, s. 6.

APPLICANT’S FINANCIAL STATEMENT

(6) The fact that the applicant has provided financial information in a form different than that required by these rules does not affect the case.  O. Reg. 56/03, s. 6.

WRITTEN HEARING

(7) Unless the court orders otherwise under subrule (9), the application shall be dealt with on the basis of written documents without the parties or their lawyers needing to come to court.  O. Reg. 56/03, s. 6.

REQUEST FOR ORAL HEARING

(8) The respondent may request an oral hearing by filing a motion form (Form 14B) within 30 days after being served with the notice of hearing.  O. Reg. 56/03, s. 6; O. Reg. 69/15, s. 12.

ORDER FOR ORAL HEARING

(9) The court may order an oral hearing, on the respondent’s motion or on its own initiative, if it is satisfied that an oral hearing is necessary to deal with the case justly.  O. Reg. 56/03, s. 6.

DIRECTION TO REQUEST FURTHER INFORMATION OR DOCUMENTS

(10) A direction to request further information or documents under clause 11 (2) (a) or 34 (2) (a) of the Act shall be in Form 37B, and a statement of the court’s reasons for requesting further evidence shall be attached to the direction.  O. Reg. 56/03, s. 6.

DIRECTION TO BE SENT TO RESPONDENT

(11) When a direction is sent to the designated authority under clause 11 (2) (a) of the Act, the clerk shall also send a copy to the respondent.  O. Reg. 56/03, s. 6.

ADJOURNMENT

(12) When the court adjourns the hearing under clause 11 (2) (b) or 34 (2) (b) of the Act, it shall specify the date on which the hearing is to continue.  O. Reg. 56/03, s. 6.

COPIES OF FURTHER INFORMATION OR DOCUMENTS

(13) When the court receives the further information or documents, the clerk shall promptly prepare a notice of continuation of hearing (Form 37C) and send it, with copies of the information or documents, to the respondent and to the designated authority.  O. Reg. 56/03, s. 6.

RESPONDENT’S AFFIDAVIT

(14) If the respondent wishes to respond to the further information or documents, he or she shall file an affidavit (Form 14A) containing the response with the court, within 30 days after receiving the notice of continuation of hearing.  O. Reg. 56/03, s. 6.

PREPARATION OF ORDER

(15) The clerk shall prepare the order for signature as soon as it is made, in accordance with subrule 25 (11).  O. Reg. 56/03, s. 6.

SENDING COPIES OF ORDER TO RESPONDENT AND DESIGNATED AUTHORITY

(16) The court shall send,

(a) a copy of the order to the respondent, addressed to the respondent’s last known address if sent by mail; and

(b) a certified copy of the order to the designated authority.  O. Reg. 56/03, s. 6.

SENDING COPY OF ORDER TO APPROPRIATE AUTHORITY

(17) The designated authority shall send the certified copy of the order to the appropriate authority.  O. Reg. 56/03, s. 6.

NOTICE OF REGISTRATION, ORDER MADE OUTSIDE CANADA

(18) For the purpose of subsection 20 (1) of the Act, the clerk of the Ontario court shall give notice of the registration of an order made outside Canada by providing a notice in Form 37D, as described in subrule (19), to any party to the order who is believed to ordinarily reside in Ontario.  O. Reg. 56/03, s. 6.

SENDING OR SPECIAL SERVICE

(19) If the party to whom notice is to be provided applied for the order in Ontario, the clerk shall send the notice to the party, but in any other case, the clerk shall serve the notice on the party by special service.  O. Reg. 56/03, s. 6.

MOTION TO SET ASIDE REGISTRATION

(20) For the purpose of subsection 20 (3) of the Act, a party shall give notice of a motion to set aside the registration of an order made outside Canada by,

(a) filing in the Ontario court a notice of motion (Form 14) setting out the grounds for the motion;

(b) sending the notice of motion and supporting documents to the claimant at the address shown in the order; and

(c) serving the notice of motion and supporting documents on the designated authority at least 10 days before the motion hearing date.  O. Reg. 56/03, s. 6; O. Reg. 140/15, s. 5.

DESIGNATED AUTHORITY NEED NOT APPEAR ON MOTION

(21) The designated authority is not required to appear on the motion to set aside registration.  O. Reg. 56/03, s. 6.

NOTICE OF DECISION OR ORDER

(22) When the court makes a decision or order under section 20 of the Act, the clerk shall send copies of the order, with the court’s reasons, if any,

(a) to each party, addressed to the party’s last known address if sent by mail; and

(b) to the designated authority.  O. Reg. 56/03, s. 6.

PARTY IN RECIPROCATING JURISDICTION

(23) If a party ordinarily resides in a reciprocating jurisdiction and the order was originally sent to Ontario for registration by the appropriate authority there, the clerk may send it to that appropriate authority rather than sending it to the party as set out in clause (22) (a).  O. Reg. 56/03, s. 6.

PROVISIONAL ORDERS

(24) When the court makes a provisional order under section 7 or 30 of the Act, the clerk shall send the following to the designated authority, to be sent to the reciprocating jurisdiction:

1. One copy of,

i. the application (Form A under the general regulation),

ii. the applicant’s financial statement (Form K under the general regulation), and

iii. a statement giving any information about the respondent’s identification, whereabouts, income, assets and liabilities.

2. Three certified copies of,

i. the applicant’s evidence and, if reasonably possible, the exhibits, and

ii. the provisional order.  O. Reg. 56/03, s. 6.

FURTHER EVIDENCE

(25) When the court that made a provisional order receives a request for further evidence from the confirming court under subsection 7 (4) or 30 (4) of the Act, the clerk shall send to the applicant a notice for taking further evidence (Form 37E) and a copy of the documents sent by the confirming court.  O. Reg. 56/03, s. 6.

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