Case management by associate judge (Family Court of the Superior Court of Justice, Ottawa)
Scope
42. (1) This rule applies to cases in the Family Court of the Superior Court of Justice in the City of Ottawa if the cases relate to matters under the following Acts:
1. Revoked: O. Reg. 235/16, s. 7 (1).
2. The Children’s Law Reform Act.
3. The Divorce Act (Canada).
4. The Family Law Act.
5. The Family Responsibility and Support Arrears Enforcement Act, 1996. O. Reg. 120/07, s. 1; O. Reg. 235/16, s. 7 (1).
Same
(1.1) This rule applies in respect of a case regardless of whether it is a fast track case (rule 39) or a standard track case. O. Reg. 235/16, s. 7 (2).
Purpose
(2) The purpose of this rule is to promote the active management, in accordance with subrule 2 (5), of cases to which this rule applies by conferring specified family law jurisdiction on an associate judge assigned for the purpose by the regional senior judge. O. Reg. 522/21, s. 10 (2).
(3) Revoked: O. Reg. 522/21, s. 10 (2).
Associate judge, powers and duties
(4) In a case to which this rule applies,
(a) the associate judge may only exercise the powers and carry out the duties and functions that are specified in this rule; and
(b) the exercise of those powers and the performance of those duties and functions are subject to the restrictions specified in subrule (5). O. Reg. 120/07, s. 1; O. Reg. 235/16, s. 7 (3); O. Reg. 522/21, s. 10 (3).
No jurisdiction
(5) The associate judge has no jurisdiction in respect of,
(a) a power, duty or function that is conferred exclusively on a judge of a superior court by law or expressly on a judge by an Act;
(b) a case involving a special party or a child party;
(c) the determination of a right or interest of a party in real property; or
(d) the making of an order or hearing of a motion for an order,
(i) to change, set aside, stay or confirm an order of a judge,
(ii) to find a person in contempt of court,
(iii) to restrain the liberty of a person, including an order for imprisonment, a warrant for arrest or a warrant of committal,
(iv) to dismiss all or part of a party’s case for a failure by the party to follow these rules or obey an order in the case or a related case, if the Family Responsibility and Support Arrears Enforcement Act, 1996 applies to the party’s case,
(v) to split a divorce from other issues in a case under subrule 12 (6), or
(vi) Revoked: O. Reg. 235/16, s. 7 (4).
(vii) to grant summary judgment. O. Reg. 120/07, s. 1; O. Reg. 322/13, s. 23 (1); O. Reg. 235/16, s. 7 (4); O. Reg. 250/19, s. 12; O. Reg. 522/21, s. 10 (3).
Request for documents
(6) The associate judge may request documents for the purposes of clause 1.2 (3) (c). O. Reg. 373/20, s. 5; O. Reg. 522/21, s. 10 (3).
Motions under rule 14
(7) The associate judge may hear motions under rule 14 relating to matters over which he or she has jurisdiction and, for the purpose, may exercise any power under that rule, other than a power under subrule 14 (21). O. Reg. 322/13, s. 23 (2); O. Reg. 522/21, s. 10 (3).
Orders on motion under rule 14
(8) If a motion under rule 14 is made in a case under an Act to which this rule applies, the associate judge may make only the following orders:
0.1 Subject to subclause (5) (d) (iv), an order under subrule 1 (8), other than a contempt order under clause 1 (8) (g), and an order under subrule 1 (8.1).
0.2 An order under subrule 1 (8.2).
0.3 An order under subrule 1 (8.4), if the associate judge made the order striking out the document.
1. An order under rules 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 18, 19 and 20.
2. An order for costs under rule 24 relating to a step in the case that the associate judge dealt with.
3. An order under rule 25 relating to an order made by the associate judge.
3.1 An order under subrule 39 (3) or (14.1).
4. An order to change a temporary order made by the associate judge.
5. An order under section 17.2 (Blood, DNA tests) of the Children’s Law Reform Act.
6. A temporary parenting order or contact order under the Children’s Law Reform Act or the Divorce Act (Canada).
7. Revoked: O. Reg. 42/21, s. 18.
8. An order appointing a mediator under section 31 of the Children’s Law Reform Act or section 3 (Mediation) of the Family Law Act.
9. A temporary order for or relating to support under section 33, clause 34 (1) (a), (e), (f), (g) or (h), subsection 34 (5) or section 37, 42 or 47 of the Family Law Act.
10. A temporary order for support under section 15.1 (Child support order) or 15.2 (Spousal support order) of the Divorce Act (Canada).
11. A temporary order under section 40 of the Family Law Act.
12. A temporary order dealing with property other than real property.
13. A support deduction order under section 10 (Support deduction orders to be made) of the Family Responsibility and Support Arrears Enforcement Act, 1996.
14. An order limiting or suspending a support deduction order.
15. An order under section 8 (Director to cease enforcement, termination of support obligation) of the Family Responsibility and Support Arrears Enforcement Act, 1996 that terminates a support obligation or orders repayment from a person who received support.
15.1 An order under subsection 89 (3.1) or 112 (2) of the Courts of Justice Act requesting the Children’s Lawyer to act.
16. An order that is necessary and incidental to the power to make a temporary order that is within the jurisdiction of the associate judge. O. Reg. 120/07, s. 1; O. Reg. 322/13, s. 23 (3); O. Reg. 235/16, s. 7 (6, 7); O. Reg. 226/17, s. 3; O. Reg. 42/21, s. 18; O. Reg. 522/21, s. 10 (3).
(9), (10) Revoked: O. Reg. 235/16, s. 7 (8).
Application of r. 15 (24.1)
(11) Subrule 15 (24.1) applies, with necessary modifications, to the associate judge. O. Reg. 781/21, s. 9.
Conferences
(12) The associate judge may conduct a case conference, settlement conference or trial management conference instead of a judge under rule 17. O. Reg. 120/07, s. 1; O. Reg. 235/16, s. 7 (9); O. Reg. 522/21, s. 10 (3).
(13) Revoked: O. Reg. 235/16, s. 7 (10).
Application of rule 17
(14) At a case conference, settlement conference or trial management conference conducted by the associate judge, rule 17 applies subject to the following changes:
1. In a case to which this rule applies, the associate judge may make any order described in rule 17 and, with respect to the temporary and final orders referred to in clause 17 (8) (b),
i. the only temporary or final orders that the associate judge may make are those described in subrule (8) of this rule, and
ii. the associate judge shall not make a final order unless the parties consent to the order.
2. Revoked: O. Reg. 235/16, s. 7 (12).
3. A party to the conference may not request that the conference be conducted by a judge under subrule 17 (9).
4. Revoked: O. Reg. 535/18, s. 11.
O. Reg. 120/07, s. 1; O. Reg. 235/16, s. 7 (11, 12); O. Reg. 535/18, s. 11; O. Reg. 522/21, s. 10 (3).
Enforcement powers
(15) The associate judge may exercise,
(a) any power that a court may exercise under rule 27 (requiring financial information) other than a power to order a person imprisoned under subrule 27 (6), (20) or (21); and
(b) the powers relating to garnishment orders set out in subrules 29 (5) and (19). O. Reg. 120/07, s. 1; O. Reg. 522/21, s. 10 (3).
Sending case to judge
(16) Despite anything to the contrary in this rule, the associate judge may at any time order that a matter assigned to him or her be adjourned and sent to a judge. O. Reg. 120/07, s. 1; O. Reg. 522/21, s. 10 (3).
Appeal from temporary order
(17) Subrules 38 (5) to (45) apply with necessary changes to an appeal from a temporary order of the associate judge. O. Reg. 120/07, s. 1; O. Reg. 142/14, s. 14; O. Reg. 522/21, s. 10 (3).
Appeal from final order
(18) Subrules 38 (1), (2) and (3) apply with necessary changes to an appeal from a final order of the associate judge. O. Reg. 120/07, s. 1; O. Reg. 142/14, s. 14; O. Reg. 522/21, s. 10 (3).
Revocation
(19) This rule is revoked on July 1, 2024. O. Reg. 120/07, s. 1; O. Reg. 51/10, s. 1; O Reg. 186/12, s 2; O. Reg. 322/13, s. 23 (4); O. Reg. 235/16, s. 7 (13); O. Reg. 152/21, s. 6.
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