Under the new Family Law Rule 8.01, when most family law cases are started (e.g., the Applicant requests the issuance of an Application), the courthouse clerk will issue a new Automatic Order (“AO”). The AO is provided by Family Law Form 8.01. It sets out various mandatory requirements for the parties at the beginning of the case. The Applicant will serve the AO on the Respondent with the Application and other documents.
It should be noted that the AO does not impose any requirements that would not otherwise be imposed on a party to a family law matter. The purpose of the AO seems to be to provide clear, early notice to parties that there are some things they’ve got to do now, rather than later in the case. For example, the AO requires parties in all cases to attend a Mandatory Information Program (under Rule 8.1) and, in cases involving a claim for support, property or exclusive possession of a matrimonial home, to file a Financial Statement. The Financial Statement must include income tax returns and Notices of Assessment for the last three years, plus further documentation depending on whether the person receives benefits, is an employee, owns a business or earns income in some other way. Given the frequent complaints in family matters about slow or non-existent financial disclosure, we hope that the AO leads to earlier, and more complete disclosure.
In a comment published last year, the Federation of Ontario Law Associations stated that the proposed rule change was “cautiously welcomed”. It noted that there may be cases where a party cannot, for various reasons, provide financial disclosure by a stated deadline. The comment noted that the Rules already provide for timely disclosure before a conference. We hope that family law judges will balance the need for early disclosure and the genuine difficulty faced by some parties while collecting financial documentation.
Family Law Form 8.01 (Word)
FOLA submission
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