Family Law Rules – Rule 7: Parties

Angela Princewill

June 28, 2023

Parties

Who are parties — case

7. (1) A person who makes a claim in a case or against whom a claim is made in a case is a party to the case.  O. Reg. 114/99, r. 7 (1).

Who are parties — motion

(2) For purposes of a motion only, a person who is affected by a motion is also a party, but this does not apply to a child affected by a motion relating to decision-making responsibility, parenting time, contact, child protection, adoption or child support.  O. Reg. 114/99, r. 7 (2); O. Reg. 42/21, s. 3 (1).

Persons who must be named as parties

(3) A person starting a case shall name,

(a) as an applicant, every person who makes a claim;

(b) as a respondent,

(i) every person against whom a claim is made, and

(ii) every other person who should be a party to enable the court to decide all the issues in the case.  O. Reg. 114/99, r. 7 (3).

Parties in cases involving children

(4) In any of the following cases, every parent or other person who has care and control of the child involved, except a foster parent under the Child, Youth and Family Services Act, 2017, shall be named as a party, unless the court orders otherwise:

1. A case about decision-making responsibility, parenting time or contact with respect to a child.

2. A child protection case.

3. A secure treatment case (Part VII of the Child, Youth and Family Services Act, 2017).  O. Reg. 114/99, r. 7 (4); O. Reg. 298/18, s. 7 (1, 2); O. Reg. 535/18, s. 1; O. Reg. 42/21, s. 3 (2).

Motion to change order, s. 102 of the CYFSA

(4.1) In a motion to change an order made under section 102 of the Child, Youth and Family Services Act, 2017, the children’s aid society that was a party to the case in which the order was made is not a party to the motion to change the order, unless the court orders otherwise. O. Reg. 298/18, s. 7 (3).

Party added by court order

(5) The court may order that any person who should be a party shall be added as a party, and may give directions for service on that person.  O. Reg. 114/99, r. 7 (5).

Restriction on adding child as a party

(5.1) A child who is the subject of a case about decision-making responsibility, parenting time, contact, child protection, adoption or child support but is not a party to the case may not be added as a party unless the court orders otherwise. O. Reg. 250/19, s. 3; O. Reg. 42/21, s. 3 (3).

Additional parties in certain child support cases

(5.2) In a case involving a child party in which a claim is made for support of the child, the court shall order that any persons who may be obligated to provide support for the child and who are not already parties to the case be added as parties in relation to the claim, and may give directions for service on such persons. O. Reg. 250/19, s. 3.

Permanent case name and court file number

(6) The court file number given to a case and the description of the parties as applicants and respondents in the case shall remain the same on an application or motion to change an order, a status review application, an application (general) for Child, Youth and Family Services Act, 2017 cases other than child protection and status review, an enforcement or an appeal, no matter who starts it, with the following exceptions:

1. In an enforcement of a payment order, the parties may be described instead as payors, recipients and garnishees.

2. In an appeal, the parties shall also be described as appellants and respondents.

3. When a case is transferred to another municipality, it may be given a new court file number.

4. An application under section 207 of the Child, Youth and Family Services Act, 2017 to change or terminate an openness order shall be given a new court file number.

5. In a motion to change an order made under section 102 of the Child, Youth and Family Services Act, 2017,

i. the person making the motion shall be named as the applicant and every other party to the motion shall be named as the respondents, and

ii. the motion shall be given a new court file number.

6. Revoked:  O. Reg. 298/18, s. 7 (7).

O. Reg. 519/06, s. 1; O. Reg. 383/11, s. 1; O. Reg. 186/12, s. 1 (2); O. Reg. 298/18, s. 7 (4-7).