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Mediation is one way for people to settle disputes or lawsuits outside of court. In Ontario, Rule 24.1 of the Rules of Civil Procedure [7] establishes mandatory mediation for civil cases, excluding certain family actions. The mediation is through a private-sector mediator.
According to the Preamble, the purpose of the law is "to encourage and strengthen the role of the family; ... to recognize the equal position of spouses as individuals within marriage and to recognize marriage as a form of partnership; ... to provide in law for the orderly and equitable settlement of the affairs of the spouses upon the breakdown of the partnership, and to provide for other ...
Issues may arise in family law where there is a question as to the laws of the jurisdiction that apply to the marriage relationship or to custody and divorce, and whether a divorce or child custody order is recognized under the laws of another jurisdiction.
The first is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the legislature of a province, under its constitutional authority over the administration of justice in the province, set out in s. 92(14) of the Constitution Act, 1867. [2]
As result of court reform, no new full-time judges have been appointed by the provincial government to preside in Small Claims Court. Proceedings in the Small Claims Court are governed by a codified set of rules contained in O. Reg. 258/98 (as amended), the Rules of the Small Claims Court, instead of the complex Ontario Rules of Civil Procedure.
The Ontario Court of Justice is the provincial court of record [6] for the Canadian province of Ontario. The court sits at more than 200 locations across the province and oversees matters relating to family law , criminal law , and provincial offences.
Evidence of human activity in what is now Ontario dates to approximately 9000 BCE. [1] Summarizing the Indigenous approach to dispute resolution, with particular reference to the Mohawk people, the authors of A History of Law in Canada, volume 1, explain that, "All important matters had to be discussed openly, though after consultation some final council deliberations could occur in secret, at ...
The Family Court was created by Part 2 of the Crime and Courts Act 2013, merging the family law functions of the county courts and magistrates' courts into one. Two scenarios are covered by the Children Act of 1989: private law cases, where the applicant and respondent are usually the child's parents ; and public law cases, where the applicant ...