Family Law in Toronto: The Answer

The Respondent in a family law case is the person against whom the Application is made. The Respondent is required to serve an Answer on every party that is named in the Application.

A person against whom an Application is made should serve an Answer on every other party and file it within 30 days after being served with the Application (Family Law Rules, Rule 10(1)). If an Application is served outside of Canada or the United States, the deadline for serving and filing an answer is 60 days (Family Law Rules, Rule 10(2)). In this context, there is an exception for an Application to dispense with a parent's consent before an adoption takes place. In such an Application, the time for serving the Answer is:

• 20 days, if the Application is served in Canada or the United States; or,
• 40 days, if the Application is served outside of Canada or the United States (Family Law Rules, Rule 10(2.1)).

In the Answer, the Respondent in a family law case has the opportunity to outline his or her version of events relating to the dispute. Additionally, the Respondent may ask for relief in the Answer. A Respondent may include:

• A claim against the Applicant; or,
• A claim against any other person, who then also becomes a Respondent in the case (Family Law Rules, Rule 10(3)).

There are significant repercussions for a Respondent in family law in Toronto who does not serve and file an Answer in accordance with the above-noted rules. The following sanctions are also applicable in a case where the Answer is struck out by an order:

• The Respondent is not entitled to any further notice of steps in the case;
• The Respondent is not entitled to participate in the case in any way;
• The court may deal with the case in the Respondent’s absence; and,
• The court may set a date for an uncontested trial (Family Law Rules, Rule 10(5)).