INFO, FAQs, & videos re: caselines

The Department of Justice Canada has been offering online training courses concerning the recent amendments to federal family law legislation, which are now in force.  Below are the final upcoming dates:

Monday, April 19, 2021 – 2pm to 5pm EST: https://www.eventbrite.ca/e/148956762687 

Tuesday, April 20, 2021 – 12:30pm to 3:30pm EST: https://www.eventbrite.ca/e/148981651129 

More about Online Training Courses for lawyers 

Family law pages updates

The family law pages of the Department of Justice website are being updated continuously with new materials, so we would encourage you visit https://www.justice.gc.ca/eng/fl-df/index.html on a regular basis.

To jump directly to the federal training, click here.

ONTARIO FORMS

Beginning March 1, 2021, 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. Please note that , effective March 1, 2021, 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.

In order for staff to be able to process existing divorce claims in a timely way, the filing of divorce applications will not be accepted by email or through the Family Submissions Online portal from February 24, 2021 until March 1, 2021. Applications and Answers in which a claim for divorce can be made will also be temporarily removed from the dropdown list of eligible submissions on the portal during that time. The portal will, however, remain open for all other types of document submissions.

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).

  MOVING ONTARIO FAMILY LAW FORWARD ACT

The changes introduced in the Moving Ontario Family Law Forward Act to the provincial Children’s Law Reform Act will be coming into force on March 1, 2021 to coincide with the federal Divorce Act amendments – which are also to come into force on March 1, 2021. In addition, changes to clarify family law appeal routes will also be coming into effect at the same time. 

The amendments to the Divorce Act in Federal Bill C-78 focus on changes to parenting terminology, and other matters such as family violence, the best interests of the child test and parental relocation.  The Divorce Act will no longer refer to “custody” or “access”.  Instead, divorcing spouses will seek “parenting orders” in relation to any children of the marriage, which would allocate “parenting time” and “decision-making responsibility”.   In addition, a third party (such as a grandparent) who applies for what is currently an “access” order as part of the divorce proceeding, would apply for a “contact” order. 

The changes to the Children’s Law Reform Act in Provincial Bill 207  will bring parenting terminology changes in line with the forthcoming federal Divorce Act amendments. Consequential amendments to the Family Law Rules and court forms will also come into force at the same time. 

Bill 207 also amends the Courts of Justice Act and other provincial statutes to clarify the appeal routes for all family matters and make the family law appeal system easier to navigate. These changes – also coming into force on March 1, 2021 – will help Ontarians to better understand the family appeal process, increase consistency and fairness regardless of where cases are heard, and ultimately help families reach final decisions faster. 

The Divorce Act Changes Explained (federal government) 

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 will come into force on March 1, 2021. 

 For Families: The following Public Legal Education and Information (PLEI) resources provide information about the Divorce Act amendments. Materials are available on the family law pages of Justice Canada’s website at: https://www.justice.gc.ca/eng/fl-df/index.html:

Fact Sheets - Fact sheets are available on a number of topics related to the Divorce Act amendments. These resources are available in a format that can be printed. Topics include:

• Parenting arrangements after separation or divorce
• Duties for Parents and others
• A Child’s Views and Preferences
• Divorce and Family Violence 
• Family dispute resolution: resolving family law issues out of court
• Relocation (coming soon)

Parenting Plan Checklist (available but being updated) - This is a checklist that helps parents identify some of the issues and questions they need to consider when developing a parenting plan. 

Parenting Plan Tool (available but being updated) - This interactive tool provides parents with options to develop a personalized parenting plan (a written document that outlines how parents will raise their children after separation or divorce).

What Happens Next (available but being updated) - This booklet is designed to help children learn some basic facts about family law and give them an idea of the processes that parents may go through when they separate.  It aims to help children realize that it’s normal for them to have an emotional response to their parents’ divorce, and encourages children to voice their concerns to someone they trust. Parents can read the booklet with their younger children, while older children can read it themselves.

Making Plans (available but being updated) - This guide for parents contains helpful information about parenting after separation and divorce when deciding on the best parenting arrangement for their children. The guide provides information for parents who are making parenting arrangements under the Divorce Act, and can also be useful to parents who are separating even if the Divorce Act does not apply.

Step by Step (available but being updated) - This technical guide provides 8 easy steps to help determine child support pursuant to the Federal Child Support Guidelines (Divorce Act regulations). It will be updated to reflect changes to federal family laws.

Family law pages updates

The family law pages of the Department of Justice website are being updated continuously with new materials, so we would encourage you refer to them on a regular basis. Please see: https://www.justice.gc.ca/eng/fl-df/index.html 

View an 18-minute CaseLines tutorial on how to access, update, invite people and review evidence for cases here.  A link to a demonstration of CaseLines may be accessed here.

  CaseLines Hearings – Tips for Counsel and Self-represented Parties 

CaseLines information sheet – English

CaseLines information sheet – French

 Below are the zoom coordinates for April CaseLines information sessions:
Family Demonstrations:

April  9, 2021 from 8:00 AM to 9:00AM: 

https://ca01web.zoom.us/j/63648719996?pwd=bHlXYXlISU9KM25iV3FsRDR5SUo3UT09 

Passcode: 721605

April 13, 2021 from 1:00 PM to 2:00PM: https://ca01web.zoom.us/j/67963742520?pwd=K0d1Tm9abDhCbngrREZBTUZBRmpYZz09 

Passcode: 976060 

NOTE: If you have trouble logging in to any of the above sessions, please contact  Cheryl Alphonso at Cheryl.Alphonso@ontario.ca 

Family Demonstration Recording (East and Northwest regions): 

February 24, 2021 https://vimeo.com/528336065/1c69c516a3

Frequently Asked Questions About CaseLines - SCJ

(NB:  The SCJ CaseLines FAQ were updated on Jan 11th: FAQ 7 sets out the court’s new document naming protocol. FAQ 8 indicates that tabs and bookmarks are now functional in CaseLines) 

Frequently Asked Questions About CaseLines - LSO

Effective January 11, 2021, paragraph 24 of the Toronto Region’s Consolidated Practice Direction for Civil Actions, Applications, Motions and Procedural Matters in the Toronto Region has been amended to require parties or their representatives to provide their email addresses to the Civil Motions Coordinator 30 days prior to the motion date. Email addresses are required for the CaseLines document sharing platform.

 IMPORTANT NOTE:  The amendments to the Rules of Civil Procedure, in force on January 1, 2021, require email addresses to be provided on backsheets when filing via CaseLines. The requirement to provide email addresses is also set out in the Supplementary Notice to the Profession and Litigants in Civil and Family Matters Including Electronic Filings and Document Sharing (Caselines Pilot).   On January 7, 2020, the above Notice was updated with current information about payment of filing fees for documents filed by email. It now provides, in section 2 (Electronic Court Filings – Justice Services Online):Where counsel and parties deliver materials by email, subject to direction from the Court, they undertake to file the same materials in paper format, and pay the requisite filing fee, at the court when regular court operations resume. This includes preparation of the court’s Continuing Record for family cases. 

Important reminders regarding the implementation of CaseLines for Toronto SCJ family cases as follows:

1. CaseLines is now being used for family cases in Toronto.  After your event has been scheduled, you will receive an email from the Trial Coordination office asking you to upload your material for the event into a specific CaseLines folder for your case.  It is the court’s expectation that parties will upload their materials into CaseLines unless they are not able to do so, for instance a litigant who does not have adequate internet access;
2. You will only receive these emails if the court has your current email on file.  Please ensure that this is included on all court filings going forward. This also makes it easier for our Trial Coordination office to contact you regarding the scheduling of events.  IMPORTANT NOTE:  The amendments to the Rules of Civil Procedure, in force on January 1, 2021 require email addresses to be provided on backsheets. The requirement to provide email addresses is also set out in the Supplementary Notice to the Profession and Litigants in Civil and Family Matters Including Electronic Filings and Document Sharing (Caselines Pilot).  
3. CaseLines is not an e-filing platform.   Materials must still be filed with the court in advance in accordance with the applicable rules and notices.  We strongly encourage you to file your materials through the Ministry’s JSO family online portal where possible, as those documents automatically become part of the court’s FRANK record;
4. CaseLines uses a specific document naming protocol which helps the judge to find and review the documentation for an event much more easily.  The document naming convention and other important information is available here.
5. If you are uploading documents that will require the in-court registrar to stamp as exhibits, please upload these documents individually as only one electronic exhibit stamp can be added per document;
6. If other lawyers or staff require access to your case in CaseLines, you may invite them by selecting the “Invite New Participant” button found on the People’s tab on CaseLines;
7. If you have not yet done so, we recommend that you view one of the training tools that is available on the court’s website and review the Frequently Asked Questions About CaseLines.  These tools will help you familiarize yourself with CaseLines and understand how it can help you  work with the materials during your event.  More live trainings will be offered prior to the roll out of CaseLines to additional regions; 
8. If you need support to resolve technical issues, please call Thomson Reuter’s technical support at 1-800-290-9378 and select either “CaseLines” or “Evidence Sharing” when you reach the directory, or email westlaw.softwaresupport@tr.com. This support is available from 8am-5pm (EST - Monday to Friday).
9. If you have suggested improvements to CaseLines, please email them to the Office of the Chief Justice at: scj-csj.general@ontario.ca