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Notice to the Profession & Public: Family Applications with Written Argument

May 8, 2020

Effective immediately, in cases where each party is represented by a lawyer, family applications that are too complex for a Simple Desk Application process may be made by desk application with written argument.

All Counsel must agree to proceed in this manner or it must be directed by the Court. If the application is one that was adjourned by Master Orders, Counsel can set new deadlines to finish the application. If the application is new, the deadlines are as set out in Family Practice Note 2 unless Counsel agree to alternate deadlines. In either case, the agreement to proceed pursuant to this Notice and the applicable deadlines must be confirmed by a Consent Order submitted by desk process. The “triggering date” will be the date that the Consent Order is granted.

Matters that were scheduled between March 16, 2020 and May 31, 2020 and adjourned pursuant to Master Orders, will be given priority for consideration in the desk process.

The email address to which the application and responding documents are to be submitted is available here. The subject line must indicate the action number.

Family Practice Note 2 (special chambers provisions) (FPN 2) applies to these applications, subject to the following:

a) Court imposed deadlines ordered in Family Docket Court or by Simple Desk Application and deadlines agreed upon by the parties and confirmed in a Consent Order, will change the deadlines in FPN 2;

b) The Concise letters described in paragraphs 39 to 49 of FPN2 will be used for written argument. The page limits will apply unless extended by the Court. If a Concise letter was already filed for an application that was adjourned by a Master Order, then the party who submitted the Concise letter is permitted to submit up to 4 pages of written argument, to be considered with the previously filed Concise letter;

c) Any application under paragraph 56 of FPN 2 must be made by Simple Desk Application process on notice to the opposing party(ies); d) Update Affidavits are not permitted for new applications without leave of the Court.