What is the continuing record in a Toronto family law case?
The continuing record in a Toronto family law case is the record made under Rule 9 of the Family Law Rules containing all the documents filed with the court in a case. The Applicant must serve the continuing record in a Toronto family law case on the other party involved in the case. The Applicant must then file an Affidavit of Service proving that the continuing record in the Toronto family law case was served on the other side.
The continuing record includes an endorsements volume and documents volume.
The endorsements volume will contain a cumulative table of contents, an endorsements section, and an orders section.
The documents volume is comprised of all documents filed in the case, including the Application, Answer, Reply, Affidavits, Financial Statements, and Trial Management Conference Briefs.
When preparing and maintaining a continuing record under Rule 9 of the Family Law Rules, the parties shall meet the requirements set out in the document entitled “Formal Requirements of the Continuing Record under the Family Law Rules”, dated July 1, 2006, published by the Family Rules Committee and available on the internet at the following URL: www.ontariocourtforms.on.ca.
Instead of one single continuing record, the continuing record may be divided into separate records for the Applicant and for the Respondent pursuant to the following:
1. In a case other than a child protection case, the court may order separate records at the request of either party on motion or at a case conference, settlement conference or trial management conference or by its own initiative.
2. If the court orders separate records and there is more than one applicant and respondent, the court may order separate records for each applicant and respondent.
3. If the record contains separate records, the separate records are called the applicant’s record and the respondent’s record.
If the continuing record has not been separated, both parties are jointly responsible for adding to the record under the court clerk’s supervision. However, if the record is separated, each party is responsible for adding the documents the party files to their continuing record.
A party shall not serve or file any document that is already in the continuing record. No document may be removed from the continuing record in a Toronto family law case without a court order. To refer to a document in the continuing record in a case, a party must reference it by its tab number.
For more information on the process involved in your Toronto family law case, contact Krol & Krol, Toronto family lawyers at 905.707.3370.
