Source summaryWhat this source covers
Official Ontario family-law form or related court document: Notice of Appeal. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key pointsWhat this is
Ontario Court Services lists this as Form 38, “Notice of Appeal”.
Current official version
The current English version is version dated 2005-08-31 and effective 2006-04-30.
How to use this form
Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.
For exact wording, dates, exceptions and current requirements, read the original source. Binding law and court directions take priority over explanatory material.
Open the official source ↗Law and rulesRelated official provisions
Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Rule 1.3 — of the Family Law Rules requires a member of the public to give 10 days’ written notice to the parties before the member of the public may access a family court file involving:
Decision-making responsibility, parenting time or contact with respect to a child under the Divorce Act or Part III of the Children’s Law Reform Act ;
Orders under Part I of the Children’s Law Reform Act (parentage); or
International child abduction.
The member of the public must also send notice to the Children’s Lawyer if the Children’s Lawyer is representing a child in the case or conducting an investigation for the court.
After receiving notice, a party who wishes to restrict access to the file has 10 days to file a 14B motion. If such a motion is brought, court staff may refuse the requested access until the court decides the motion.
Before the member of the public is granted access to the file, they must file an affidavit (Form 14A) confirming 1) the date on which they gave notice under Rule 1.3, to whom and by what method; and 2) that they have not been served with a motion for a restricted access order.
The following persons are exempt from the notice requirement under Family Court Rule 1.3:
A party or their counsel;…
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Open official source ↗Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Rule 13 — (3.1) of the Family Law Rules addresses the documents that must be included with a party’s financial statement where child or spousal support has been sought. A party should provide an updated Certificate of Financial Disclosure (Form 13A) to the other party with this documentation.
If disclosure cannot be resolved prior to the case conference, the party seeking disclosure must include in their materials a list of the outstanding disclosure in accordance with Rule 13(11.01) of the Family Law Rules .
The court may award costs pursuant to Rules 17(18) or 24(7) where a party has failed to comply with their disclosure obligations.
Counsel and parties should address all disclosure issues in advance of the settlement conference. Any motions for disclosure must be heard in advance of the settlement conference.
More information about financial statements and the documents that shall be exchanged to support a financial statement is available here .
1. Automatic Disclosure Orders Under Rule 8.0.1
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Open official source ↗Binding law / official textCentral South Region Practice Direction
Part 7 — : Binding JDR — Rule 43 of the Family Law Rules
Binding JDR is available in appropriate cases throughout the Central South Region. Please review Rule 43 of the Family Law Rules and the Consolidated Provincial Practice Direction for Family Proceedings for more information on Binding JDR and the forms that are required.
Email Addresses to file Binding JDR Confirmations:
Hamilton Family Court Trial Coordination Office: Hamilton.Family.Superior.Court@ontario.ca
Kitchener Trial Coordination Office: Kitchener.Superior.Court@ontario.ca
St. Catharines Trial Coordination Office: St.Catharines.Superior.Court@ontario.ca
Welland Trial Coordination Office: Welland.Superior.Court@ontario.ca
Brantford Trial Coordination Office: BrantfS@ontario.ca
Cayuga Trial Coordination Office: Cayuga.Superior.Court@ontario.ca
Simcoe Trial Coordination Office: Simcoe.Superior.Court@ontario.ca
Help from Legal Aid Ontario: 1-800-668-8258 Lawyers across Ontario who provide unbundled legal services: www.familylawlss.ca
Ontario Superior Court of JusticeSuperior Court of Justice — Central South
Open official source ↗Binding law / official textCentral West Region Practice Direction
Rule 13 — (3.1) of the Family Law Rules sets out which documents MUST be included with a Financial Statement where child or spousal support has been sought. An updated Certificate of Financial Disclosure must be provided to the other party.
A party who has not made all reasonable efforts to comply with their disclosure obligations may be subject to a cost sanction, directions/terms imposed and/or the adjournment of any motion brought by that party until compliance. In egregious cases, upon motion, continued non-compliance may result in a party’s pleadings being struck or found in contempt of Court.
C. Motions to Change
The Family Law Rules direct the Court to determine the next steps in a Motion to Change, with a view to ensuring that these motions proceed in the most efficient manner appropriate in the circumstances. The Court is directed to determine the most appropriate process for reaching an expeditious and just conclusion of the case in the circumstances.
A new Motion to Change Endorsement form is available here. Parties are encouraged to provide a draft Motion to Change Endorsement form with their materials for the first judicial conference to obtain early direction regarding the most appropriate process for the case.…
Ontario Superior Court of JusticeSuperior Court of Justice — Central West
Open official source ↗Binding law / official textToronto Region Practice Direction
Part III — of the Substitute Decisions Act, 1992 sets out the procedure and filing requirements for an application to appoint one or more guardians of an incapable adult. Part III of the Children’s Law Reform Act sets out the procedure and filing requirements for an application to appoint one or more guardians of a minor. In addition, the general requirements of Rule 38 governing applications apply to applications to appoint guardians.
Subject to paragraph 30 below, an application for the appointment of a guardian under the Substitute Decisions Act, 1992 or the Children’s Law Reform Act should be commenced by filing a notice of application using the Ontario Courts Public Portal or in person at the Toronto Estates Office counter. In the Estates List Confirmation Form , applicants should advise the court of the expected length of time required for the application to be heard, which should not be less than 30 minutes, and whether the application is opposed or unopposed.
If an individual is alleged to be incapable of managing property, and a claim for damages for personal injury is contemplated or a personal injury action has been commenced but not resolved, a guardianship application in respect of such individual may be brought on the Estates List.…
Ontario Superior Court of JusticeSuperior Court of Justice — Toronto
Open official source ↗Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings
Rule 8.0 — .1 of the Family Law Rules directs the court to issue an automatic order when certain claims are made in an Application, Motion to Change or Answer. This order requires parties to comply with their financial disclosure responsibilities.
The party who receives automatic order from the court must serve the order on every other party in the case according to Rule 8.0.1(5).
A party who has not made all reasonable efforts to comply with their disclosure obligations in advance of the case conference may be responsible for the other party’s costs.
Upon filing the originating materials, parties will receive a reminder to attend a Mandatory Information Program (Rule 8.1) and to provide an updated email address on all court documents.
Ontario Superior Court of JusticeSuperior Court of Justice — province-wide
Open official source ↗