INFO, FAQs, & videos re: caselines

Justice Canada has announced the following new resources available on the Justice Canada website to help you understand the 2021 amendments to the Divorce Act:

New courses (free and accredited): 

Parenting under the new Divorce Act 

This course provides an overview of the amendments to the Divorce Act related to parenting including the new parenting terminology and best interests of the child criteria. It is intended to help legal advisers understand the child-focused approach of the Divorce Act’s parenting provisions and the impact of family violence on parenting arrangements.

Relocation under the Divorce Act 

This course is designed to increase legal advisers’ knowledge and understanding of the new change of residence and relocation framework in the Divorce Act. It focuses on the procedures people must follow in relation to moves and the principles a court will apply in making a decision about a child’s relocation. 

Family dispute resolution and duties for parties to a proceeding and legal advisers under the new Divorce Act

This online course focuses on family dispute resolution and the new duties for parties and legal advisers under the Divorce Act. This course will also address the amendments to the Act that encourage parties to use family dispute resolution processes and family justice services.

New resource for parents on relocation 

Justice Canada now also has an Infographic explaining the new process where a parent proposes to move with a child.

In advance of February 2022's Convocation, FOLA, The Advocates’ Society, the Toronto Lawyers Association, and Family Lawyers Association have issued a Joint Communiqué on the LSO’s FLSP licencing Report to Convocation in response to the LSO’s Report on Family Legal Services Provider Licence. 

They have received input from various stakeholders across the justice sector (including from FOLA) and now think this requires consideration.  As a result, the Access to Justice Committee Report on the FLSP Licence will not be on the agenda for the meeting of Convocation on February 24, 2022.  The LSO will be considering next steps and how best to move access to legal services forward and will share further updates as they move ahead.

Background

In June 2020, the Law Society’s Access to Justice Committee invited lawyers, paralegals, legal organizations and members of the public to provide comments on a FLSP Licensing model.

The proposed scope of permissible activities, required competencies and outline of the training program were detailed in the Access to Justice Committee: Family Legal Services Provider Licence Consultation Paper.

Following extensive consultations with Law Association members, FOLA  presented the Law Society with our Submission on November 30, 2020.

OTHER ASSOCIATION SUBMISSIONS

Toronto Lawyers Association

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Effective January 17, 2022, the Law Society, in partnership with the Superior Court of Justice and the Ontario Court of Justice, is launching a pilot project which will allow eligible lawyer licensing candidates (including candidates completing their work placements as part of an integrated practice curriculum program at Lakehead or Ryerson) to attend to an increased number of matters related to family law cases without first needing permission of the court pursuant to rule 4(1)(c) of the Family Law Rules.

A defined scope and set of safeguards have been implemented to ensure the integrity of the courts, to protect the public and to ensure eligible licensing candidates are supported and to deliver a successful outcome for this pilot project.  

The Law Society is in the process of developing materials which will provide guidance to eligible licensing candidates, the judiciary and articling/LPP supervisors/principals taking part in the pilot project.  Communications to these audiences will be rolling out over the remainder of the year through to the launch date across our corporate communications channels.

This pilot project is intended to provide eligible lawyer licensing candidates with increased opportunities to appear in court on family law matters while providing Ontarians with increased access to more affordable family law legal services. 

In Spring 2021, MAG launched an innovative family pilot to help get simpler cases to conclusion more quickly.  

The pilot is already available in Barrie and Muskoka, Cornwall, and Ottawa, as well as the Northeast and Northwest centres.  Additional centres are expected to be added in early 2022.

Parties in the above locations may now, on consent, choose to participate in a Binding JDR hearing to reach a final resolution of their family law dispute more quickly and through less formal processes.

Have a look at some helpful resources the Simcoe Law Association has put together here.

In Late April 2021, MAG requested input from FOLA on a proposal to create new standard orders setting out current legislated financial disclosure requirements in family law matters.

It is proposed that these standard orders would be made automatically by the clerk of the court upon the issuance of pleadings in every case in the Family Court of the Superior Court of Justice (SCJ), excluding child protection cases and applications for simple and joint divorces. It is proposed that the conditions upon on which these orders would issue, and the related process for doing so, would be set out in the Family Law Rules. 

The SCJ has advocated for the development and issuance of these automatic orders in an effort to enhance the administration of justice and maximize efficiencies in court resources. The Court expects that, by bringing these obligations to the attention of parties early, these standard orders would assist in improving compliance with legislated financial disclosure obligations (such as the required financial disclosure under the Child Support Guidelines). 

As a result of these orders being made, it is anticipated that courts would only need to address sanctions for breach of disclosure obligations, and this would reduce delays due to non-productive case conferences and parties bringing motions to compel individuals to comply with their obligations.

To be clear, any proposed amendments to the Family Law Rules would be carefully crafted to ensure that court staff are not exercising any discretion in issuing the orders. 

The Department of Justice Canada has been developing online training courses, professional training materials and Public Legal Education and Information (PLEI) resources concerning the recent amendments to federal family law legislation. Most of the Divorce Act amendments came into force on March 1, 2021.  

Both the Divorce Act and the Children’s Law Reform Act were amended to include significant changes to divorce, separation and parenting. The changes to the Divorce Act include amendments to the Central Registry of Divorce Proceedings regulation under that act.  

Parties who apply for a divorce must provide the following new/additional information to the Central Registry of Divorce Proceedings (CRDP) unit:

· Each spouse’s surname and given names on the day before the day of the marriage, and

· Each spouse’s date of birth and gender on the day before the day of marriage

The forms under the Family Law Rules have been amended to include text fields for the collection of the above information. Parties must file using the correct family court form or their filing will be rejected and they will need to refile with the new version.

For the Family Law Rules: O. Reg. 114/99: FAMILY LAW RULES (ontario.ca) (the amendments to the rules are incorporated but greyed out)

To access the forms under the Family Law Rules: Family Law Rules Forms | Ontario Court Services (ontariocourtforms.on.ca) 

The Divorce Act Changes Explained (federal government) 

MAG called on FOLA to provide input on expanding the definition of "child" in the Children’s Law Reform Act.  LEARN MORE.

In December 2019, Ontario's Attorney General called on FOLA to comment on how the they should amend legislation as a result of the Federal' government's Bill C-78 is to determine how it will impact Ontario’s family justice system, and what changes may need to be made in preparation for Bill C-78 coming into force.  

You can view FOLA's submission here

And you can view the  Family Law association for Middlesex here.  

The Justice Services Online (JSO) platform (ontario.ca/familyclaims and

ontario.ca/page/file-civil-claim-online) has expanded to enable the online submission of close to 400 types of civil and family court documents.

The new services, “Civil Submissions Online” and “Family Submissions Online” will provide a simple and quick way to electronically submit court documents, at every step in a case, in any new or existing:

• civil action or application in the SCJ; and

• family proceeding in the SCJ or OCJ.

Users can pay court fees online securely by debit or credit card. Individuals can also use the system to request a fee waiver certificate or submit documents with an existing fee waiver certificate.

Getting Access

To access Justice Services Online, users are required to create an account using their Ontario ONe-key ID. ONe-key is a unique electronic credential that allows you to communicate securely with online government services.

Setting up your ONe-key ID is fast and simple. To learn more, visit https://www.one-key.gov.on.ca/iaalogin/overview.jsp. 

The Ministry will enhance the service based on user feedback. If you have any questions or would like to provide feedback about the service, please contact Alexey Togunov, Director, Project Implementation Branch at Alexey.Togunov@ontario.ca.