PLEADINGS

[Please be advised that the information provided is not to be constituted as legal advice]

Application: A person starting a case files a document called an application.” An application may contain a claim against more than one person and more than one claim against the same person. It allows the claimant, called the applicant, to seek relief by checking off one or more boxes under various applicable legislation and requires him or her to set out the grounds for such claims.

Financial Statement: In the event an applicant seeks property, spousal support, or child support involving a s. 7 expense or where one parent has 40% of the child’s time throughout the year, the application must be accompanied by a financial statement (R. 13). In the event the parties are married, and the case involves a claim for property, the proper form is Form 13.1. In the event the parties are not married, the proper form is Form 13.

Form 35: In the event an applicant seeks custody of or access to a child, the application must be accompanied by an affidavit pursuant to R. 35.1. In this affidavit, the applicant must set out his or her detailed plan for caring for the child as well as provide the names of the people with whom the applicant plans to live, whether the applicant has ever been criminally charged, and whether he or she has been involved in any other family law litigation, including child protection litigation.

Answer: The person against whom an application is made is called the respondent. The answer allows the respondent to set out his or her version of the dispute and ask for relief. The answer should contain sufficient clarity about the respondent’s position to allow the applicant to be aware of the case that has to be met and for the court to understand the issues in dispute.

Reply: After the respondent serves an answer, the applicant has 10 days in which to serve and file a response, called a reply.