Rules of the Supreme Court, 1986

Definitions

56C.01. In this Part

(a) "Family Justice Services Division" is a division of the Department of Justice offering education and information sessions, mediation to parties and counselling services to parties and/or their children or any combination of these services considered required, or offered to these persons referred to in rule 56C.03(2) in order to assist in the non-adversarial resolution of their dispute.

(b) "note to court" is a document, the form of which has been approved by the Chief Justice, filed with the court by the Family Justice Services Division where there is a family law proceeding advising of whether the parties participated in and resolved their family law dispute; and

16/07 s14; 30/10 s54

Application

56C.02. Unless otherwise provided by this rule, the Rules of the Supreme Court, 1986 , including Rule 56A (Family Law), shall apply, with the necessary changes to practice and procedure.

16/07 s14

Family Justice Services Procedure

56C.03. (1) Where a family law proceeding involving a claim for child support, spousal or partner support, custody or access is initiated by way of an Originating Application or Response and commenced in the court, the Registrar shall within two working days from the receipt of the proof of service of the application or the filing of the Response, forward a copy of the pleadings, along with the most current addresses and telephone numbers for the parties, to the Family Justice Services Division office located closest to the applicant’s residence or, if the applicant resides outside the province, the Family Justice Services Division office located closest to the respondent’s residence.

(2) Nothing in rule 56C.03( 1) precludes the provision of services where both parents, spouses or partners wish to avail of the assistance of the Family Justice Services Division without commencing an application to the court.

(3) The applicant shall serve the application on the respondent as provided by rule 56A.10 as soon as is reasonably practical and thereafter file an affidavit of service with the court.

(4) Counsel for the parties shall be contacted by the Family Justice Services Division staff where the names of counsel are placed on the pleadings or the staff become aware of a lawyer’s involvement with either of the parties.

(5) Unless counsel for the parties have provided written confirmation to the Family Justice Services Division that they wish to negotiate the issues and that there is reasonable potential for a negotiated settlement in that fashion, the staff shall contact each of the parties and their counsel, if any, advising them of a date and time for an intake session.

(6) Following intake for the parties, the staff shall advise the parties whether or not a dispute resolution session(s) shall take place and, if so, the dates for that session(s), including mediation or counselling services.

(7) Except where exempted by the staff of the Family Justice Services Division or a judge, the parties shall attend the intake session, scheduled information session(s) and any scheduled dispute resolution session(s) before scheduling a case management meeting or other appearance before the court.

(8) The provision of a Response to an application filed under rule 56A.06 may be delayed until a time that the Family Justice Services staff files the note to court at which time the respondent shall file a response within 7 days.

(9) Notwithstanding the time required to provide financial disclosure under the guidelines or elsewhere in these rules, when required by the staff, the parties shall provide all financial information requested in a timely fashion.

(10) Where a party fails to attend an intake, information session or a dispute resolution session as required by the staff of the Family Justice Services Division, the court may

(a) refuse to proceed with a case management meeting;

(b) order a party to attend an intake, education or information session;

(d) make another order that the court feels just and appropriate in the circumstances.

(11) In the event that a matter remains at the Family Justice Services Division for greater than two months from the intake session where support is the only issue or three months otherwise, upon the agreement of the parties, the court shall be notified of any extension of time for dispute resolution service. The court shall be notified by the filing of a note to court.

(12) Where the staff has determined the parties have not resolved their dispute, or where the procedure set out in this part is considered inappropriate by the staff, the staff shall file a note to court advising the court of same and shall provide the parties or their counsel with a copy to court. Upon receipt of the note to court, the Registrar shall set a date for a case management meeting as provided for in rule 56A.21 and shall advise the parties by regular mail or, if represented, to their counsel by email or facsimile transmission of the date set for the case management meeting.

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Consent orders

56C.04. (1) Where the staff are successful in assisting the parties to reach an agreement on all or any of the issues raised by the pleadings, the staff, or counsel, shall prepare a draft consent order signed by the parties or their counsel and file same with the court.

(2) Where a draft consent order is filed in accordance with (1), a judge may approve the consent order without appearance by the parties except where the judge may require the parties or their counsel to appear in order to answer any questions related to the draft order.

(3) Where a consent order is filed on some matters under (1) but not all issues raised by the pleadings are resolved, the staff shall file a note to court advising the court of same and shall provide the parties, or their counsel, with a copy of the note to court. Upon receipt of the note to court, the Registrar shall set a date for a case management meeting as provided for in rule 56A.21 and shall advise the parties by regular mail or, if represented, to their counsel by email or facsimile transmission of the date set for the case management meeting.

(4) The form and content of a child support order shall be consistent with that in Form 56C.04A.

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Non-Application of Family Justice Services Division involvement

56C.05. The Family Justice Services Division or the process set out in this part shall not apply to the following claims for relief:

(a) the claim relates only to the granting of a divorce;

(b) a claim for a division of matrimonial property; and

but Rules 37A, 39.09, 39B and 39C may apply, as, in the opinion of a judge the circumstances may warrant.

111/10 s13

When a matter is urgent

56C.06. (1) Where a judge is satisfied that an application should proceed without involvement of the Family Justice Services Division staff due to urgency or safety concerns or some other good and sufficient cause, he or she may order that rules 56C.03 and 56C.04 shall not apply or delay the involvement of the Family Justice Services Division to another time as determined by the court.

(2) Where a judge makes an order under (1), a judge may subsequently order the matter to be referred to Family Justice Services Division staff.

16/07 s14

Provisional orders

56C.07. (1) Where the respondent named in an application for either spousal or child support is resident outside of the province and the applicant resides in the province, the applicant shall proceed to serve the application on the respondent and the Registrar shall forward the application to the Family Justice Services Division office located closest to the party within this province who shall attempt to assist the parties to reach agreement on any or all issues raised in the pleadings.

(2) Where the issues raised by the pleadings have been resolved, the staff shall file a consent order along with a document signed by the respondent advising of his or her consent to attorn to the jurisdiction of the court.

(3) Where the documents referred to in rule 56C.07(2) are filed, a judge may approve a draft order without the parties appearing, except where a judge requires further information from the parties or their counsel.

(4) Where a draft consent order is filed under rule 56C.07(2) and all issues raised in the pleadings are not resolved, the staff shall file a note to court advising the court of same and shall provide the parties, or if represented their counsel, with a copy of the note to court. Upon the receipt of the note to court, the Registrar shall set a date for a provisional hearing as set out in the Divorce Act (Canada ) and shall advise the party in the jurisdiction of the court by regular mail or, if represented, their counsel by email or facsimile transmission of the date set for the hearing.

(5) Where the staff has determined the parties are unsuccessful in resolving their dispute, or where the procedure set out in this part is considered inappropriate by the staff, the staff shall file a note to court advising the court of same and shall provide the parties, or their counsel, with a copy of the note to court. Upon the Registrar receiving the note to court, the application shall proceed to a provisional hearing as set out in the Divorce Act (Canada ).

16/07 s14

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