Title Iii Rules: Do They Govern Family Law?

Title 3 rules, which are part of the California Rules of Court, apply to proceedings in civil law and motion, as well as discovery proceedings in family law and probate. In Ontario, Rule 3 of the Family Law Rules provides definitions and examples for counting days and counting days - short period. It also outlines the process for requesting changes to the time set out in the Rules and specifies the refusal of documents filed according to the order or particulars set out. The Ontario Court of Justice also has specific rules that apply to all family law cases, including the Divorce Act (Canada), the Family Law Act (except Part V), and the Children's Law Reform Act (excluding sections 59 and 60). These rules provide guidelines for various aspects of family law, such as interpreting and enforcing agreements, trusts, and monetary awards.

Title 3 Rules and Family Law

Title 3 rules apply to discovery proceedings in family law

In Ontario, Canada, the Family Law Rules also contain a Rule 3, which provides definitions and examples for "counting days" and "counting days - short period". This rule also specifies the process when a court order or the last day of any period applicable falls on a day when court offices are closed. It outlines how parties can request to change the time set out, and when a court can change the time for an order. Additionally, Rule 3 states that court offices must refuse documents that are not filed according to the order or particulars set out in the Rules.

The Ontario Family Law Rules apply to all family law cases in the Family Court of the Superior Court of Justice, the Superior Court of Justice, and the Ontario Court of Justice. These rules cover a range of statutes, including the Change of Name Act, the Child and Family Services Act, the Children's Law Reform Act, the Divorce Act (Canada), and the Family Law Act.

In the event that a family law case is combined with another matter to which the rules do not otherwise apply, the parties may agree or the court may order that the rules apply to the combined case or a part of it.

Rules for counting days and short periods

The following rules apply to the computation of time in family law cases:

• The first day is the day after the first event.
• The last day is the day of the second event.
• If a rule or order provides a period of less than seven days for something to be done, Saturdays, Sundays, and other days when all court offices are closed do not count as part of the period.
• If the last day of a period of time under these rules or an order falls on a day when court offices are closed, the period ends on the next day they are open.

Examples of How Time is Counted

• Notice of a motion must be served not later than four days before the motion date. Saturday and Sunday are not counted, because the notice period is less than seven days.
• A respondent who is served with an application in Canada has 30 days to serve an answer. A respondent served on October 1 is in time if the answer is served on or before October 31. A respondent served on November 1 is in time if the answer is served on or before December 1.
• If the last day for doing something under these rules or an order is New Year’s Day, January 1, which is a day when court offices are closed, the time expires on January 2. If January 2 is a Saturday, Sunday or other day when court offices are closed, the time expires on January 3. If January 3 is a day when court offices are closed, the time expires on January 4.
• The court may make an order to lengthen or shorten any time set out in these rules or an order, except that it may lengthen a time set out in a timetable for child protection cases only if the best interests of the child require it.
• The parties may, by consent in writing, change any time set out in these rules, except that they may not change a time set out in a confirmation of motion, confirmation of conference, case management in the Family Court of the Superior Court of Justice, case management in the Ontario Court of Justice, etc.
• The staff at a court office shall refuse to accept a document that a person asks to file after the time specified in these rules or the later time specified in a consent under subrule (6), a statute that applies to the case, or a court order.

When parties can request to change the time set out in the rules

• The Change of Name Act
• Parts III, VI, and VII of the Child and Family Services Act
• The Children's Law Reform Act (excluding sections 59 and 60)
• The Divorce Act (Canada)
• The Family Law Act (excluding Part V)
• The Family Responsibility and Support Arrears Enforcement Act, 1996
• Sections 6 and 9 of the Marriage Act
• The Interjurisdictional Support Orders Act, 2002

Additionally, Title 3 rules govern the interpretation, enforcement, or variation of agreements such as marriage contracts, cohabitation agreements, separation agreements, and paternity agreements. They also cover situations involving constructive or resulting trusts or monetary awards for unjust enrichment between individuals who have cohabited, as well as annulment or validation of marriages.

When a case in court combines a family law matter to which these rules apply with another matter that would typically fall outside their scope, the involved parties may agree or the court may order that these rules apply to the entire combined case or a portion of it.

Now, regarding the request to change the time set out in the rules:

Parties involved in a family law case may request to change the timing outlined in the rules. In Ontario, Rule 3 of the Family Law Rules specifies the process for such requests. It provides definitions and examples for "counting days" and "counting days - short period," which are essential for determining deadlines and time-related matters.

The rule outlines the circumstances under which parties can request to change the time set out in the Rules and when a court can modify the timing for an order. It is important to note that court offices must refuse documents filed according to the order or particulars set out in the Rules.

In California, the Rules of Court also allow for modifications of timing. The court may extend or modify the times provided upon its own motion or upon the application of a party. An application for a court order to extend the time for service of a pleading must be submitted before the original time for service has elapsed. This application must include a declaration explaining why service has not been completed, detailing the efforts made to complete service, and specifying the proposed completion date.

Additionally, the parties may agree, without leave from the court, to a 15-day extension beyond the standard 30-day time frame for responding after the service of the initial complaint.

Court-provided information on separation and legal processes

• The options available for resolving differences, including alternatives to going to court
• The impact the separation of parents has on children
• Resources available to deal with problems arising from separation

Rules for interpreting, enforcing, or varying a marriage contract

The Ontario Family Law Rules apply to all family law cases, including the interpretation, enforcement, or variation of a marriage contract. These rules are regulations under the Courts of Justice Act.

The rules apply to the federal Divorce Act, provincial Ontario Family Law Act (except Part V), and the Children's Law and Reform Act. Other Ontario laws covered by the rules include the following:

• Child, Youth and Family Services Act (Parts III, VI, and VII)
• Family Responsibility and Support Arrears Enforcement Act, 1996
• Marriage Act (Section 6 and 9)
• Interjurisdictional Support Orders Act, 2002

Frequently asked questions