Notice: Changes to the Family Law rules (O. Reg. 114/99)

Posted: 08/21/2019

Family Law

EFFECTIVE SEPTEMBER 1, 2019

The definition of “special party” in subrule 2(1) has been changed, removing child parties from that definition.

There are new rules on expert opinion evidence–see new rules 20.2 and 20.3–that distinguish between “joint litigation experts,” “litigation experts,” “participant experts” and “court-appointed experts.”  There are also new requirements for expert reports.

Joint litigation experts are now required for custody and/or access claims under the Divorce Act or the Children’s Law Reform Act, unless the court orders otherwise.

The court is now required to consider whether a preliminary examination of expert opinion evidence intended to be given on a motion in a child protection case is required in order to determine its admissibility.

The new and amended rules and forms can be found at www.e-laws.gov.on.ca and www.ontariocourtforms.on.ca respectively.

Regular review of these two websites is encouraged.