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APPLICATION GENERAL
Applicant(s)
Full legal name & address for service
Lawyer's name & address
Name
Street Address, including Suite# (if any)
City, Province
Telephone
Fax numbers
e-mail address (if any).
Name
Street Address, including Suite# (if any)
City, Province
Telephone
Fax numbers
e-mail address (if any).
Respondent(s)
Full legal name & address for service
Lawyer's name address
Name
Street Address, including Suite# (if any)
City, Province
Telephone
Fax numbers
e-mail address (if any).
Name
Street Address, including Suite# (if any)
City, Province
Telephone
Fax numbers
e-mail address (if any).
TO THE RESPONDENT(S):
A COURT CASE HAS BEEN STARTED AGAINST YOU IN THIS COURT. THE DETAILS ARE SET OUT ON THE ATTACHED PAGES.
THE FIRST COURT DATE IS (date)
AT
a.m.
p.m. or as soon
as possible after that time, at: (address)
NOTE: If this is a divorce case, no date will be set unless an Answer is filed. If you have also been served with a notice of motion, there may be an earlier court date and you or your lawyer should come to court for the motion.
THIS CASE IS ON THE FAST TRACK OF THE CASE MANAGEMENT SYSTEM. A case management judge will be assigned by the time this case first comes before a judge
THIS CASE IS ON THE STANDARD TRACK OF THE CASE MANAGEMENT SYSTEM. No court date has been set for this case but, if you have been served with a notice of motion, it has a court date and you or your lawyer should come to court for the motion. A case management judge will not be assigned until one of the parties asks the clerk of the court to schedule a case conference or until a notice of motion under subrule 14(5) is served before a case conference has been held. If, after 200 days, the case has not been scheduled for trial, the clerk of the court will send out a warning that the case will be dismissed in 30 days unless the parties file proof that the case has been settled or one of the parties asks for a case conference or a settlement conference.
IF YOU WANT TO OPPOSE ANY CLAIM IN THIS CASE, you or your lawyer must prepare an Answer (Form 10 - a blank copy should be attached), serve a copy on the applicant(s) and file a copy in the court office with an Affidavit of Service (Form 6B). YOU HAVE ONLY 30 DAYS AFTER THIS APPLICATION IS SERVED ON YOU (60 DAYS IF THIS APPLICATION IS SERVED ON YOU OUTSIDE CANADA OR THE UNITED STATES) TO SERVE AND FILE AN ANSWER. IF YOU DO NOT, THE CASE WILL GO AHEAD WITHOUT YOU AND THE COURT MAY MAKE AN ORDER AND ENFORCE IT AGAINST YOU.
Check this box of the paragraph that applies to your case
This case includes a claim for support. It does not include a claim for property or exclusive possession of the matrimonial home and its contents. You MUST fill out a Financial Statement (Form 13 - a blank copy attached), serve a copy on the applicant(s) and file a copy in the court office with an Affidavit of Service even if you do not answer this case.
This case includes a claim for property or exclusive possession of the matrimonial home and its contents. You MUST fill out a Financial Statement (Form 13.1 - a blank copy attached), serve a copy on the applicant(s) and file a copy in the court office with an Affidavit of Service even if you do not answer this case.
IF YOU WANT TO MAKE A CLAIM OF YOUR OWN, you or your lawyer must fill out the claim portion in the Answer, serve a copy on the applicant(s) and file a copy in the court office with an Affidavit of Service.
If you want to make a claim for support but do not want to make a claim for property or exclusive possession of the matrimonial home and its contents, you MUST fill out a Financial Statement (Form 13), serve a copy on the applicant(s) and file a copy in the court office.
However, if your only claim for support is for child support in the table amount specified under the Child Support Guidelines, you do not need to fill out, serve or file a Financial Statement.
If you want to make a claim for property or exclusive possession of the matrimonial home and its contents, whether or not it includes a claim for support, you MUST fill out a Financial Statement (Form 13.1, not Form 13), serve a copy on the applicant(s), and file a copy in the court office.
YOU SHOULD GET LEGAL ADVICE ABOUT THIS CASE RIGHT ANY.If you cannot afford a lawyer, you may be able to get help from your local Legal Aid Ontario office. (See your telephone directory under LEGAL AID.)
Date of issue
Clerk of the court
Form 8: Application (General) (page 2)
Court File Number
FAMILY HISTORY
APPLICANT:
Age:
Birthdate
Resident in (municipality & province) Toronto
since (date)
Surname at birth:
Surname just before marriage:
Divorced before?
No
Yes (Place and date of previous divorce)
RESPONDENT
Age:
Birthdate:
Resident in (municipality & province) Toronto
since (date)
Surname at birth:
Surname just bejore marriage:
Divorced before?
No
Yes (Place and date of previous divorce)
RELATIONSHIP DATES:
Married on (date)
Started living together on (date)
Separated on (date)
Never lived together
Still living together
THE CHILD(REN): List of children involved in this case, even if no claim is made for these children..
Full legal name
Age
Birthdate
Resident in
(municipality & province)
Now Living with
(name of person and relationship to child)
PREVIOUS CASES OR AGREEMENTS
Have the parties or the children been in a court case before?
No.
Yes. (Attach a Summary of Court Cases - Form 8E.)
Have the parties made a written agreement dealing with any matter involved in this case?
No.
Yes. (Give date of agreement. Indicate which of its items are in dispute.)
CLAIM BY APPLICANT
I ASK THE COURT FOR THE FOLLOWING:
(Claims below include claims for temporary orders.)
Claims under the Divorce Act
(Check boxes in this column only if you are asking for a divorce and your case is in the Family Court of the Superior Court of Justice.)
Claims under the Family Law Act or Children's Law Reform Act
Claims relating to property (Check boxes in this column only if your case is in the Family Court of the Superior Court of Justice.)
00
a divorce
01
support for me
02
support for child(ren)
-table amount
03
support for child(ren)
-other than table amount
04
custody of child(ren)
05
access to child(ren)
10
support for me
11
support for child(ren)
-tableamount
12
support for child(ren)
-other than table amount
13
custody of child(ren)
14
access to child(ren)
15
restraining/non
-harassmentorder
16
indexing spousal support
17
indexing same-sex
partnersupport
18
declaration of parentage
19
guardianship over child's
property
20
equalization of net family
properties
21
exclusive possession of
matrimonial home
22
exclusive possession of
contents of matrimonial home
23
freezing assets
24
sale of family property
Other claims
30
costs
31
annulment of marriage
32
prejudgment interest
50
Other (Specify.)
Give details of the order that you want the court to make. (Include any amounts of support (if known) and the names of the
children for whom support, custody or access is claimed.)
Form 8: Application (General) (page 3)
Court File Number
IMPORTANT FACTS SUPPORTING MY CLAIM FOR DIVORCE
Separation: The spouses have lived separate and apart since (date)
and
have not lived together again since that date in an unsuccessful attempt to reconcile.
have lived together again during the following period(s) in an unsuccessful attempt to reconcile: (Give dates.)
Adultery: The respondent has committed adultery. (Give details. It is not necessary to name any other person involved
but, if you do name the other person, then you must serve this application on the other person.)
Cruelty: The respondent has treated the applicant with physical or mental cruelty of such a kind as to make
continued cohabitation intolerable. (Give details.)
IMPORTANT FACTS SUPPORTING MY OTHER CLAIM(S)
(Set out below the facts that form the legal basis for your other claim(s).)
Put a line through any blank space left on this page.
Date of Signature
Signature of Applicant
LAWYER'S CERTIFICATE
For divorce cases only
My name is: Lance Carey Talbot
and I am the applicant's lawyer in this divorce case. I certify that I have
complied with the requirements of section 9 of the Divorce Act.
Date
Signature Lawyer
About Lance Carey Talbot
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