FAMILY LAW PROCEDURES (LAWS 263)

Final Simulation (Version B

A)
25 percent

1. This is an open-book test to be completed under timed conditions.

Consult your precedents, your notes, and your Smith and Sherrard
Documentation. Sharing of materials is not permitted.

2. Read through the instructions carefully, highlight important points,

add missing information, and organize your materials before
commencing the test.

3. On the Desktop, create a test folder containing your name in reverse

order (Example: Casaluce, Marcy).

4. Inside your test folder, create a folder named “Clients”. All

documents for this test will be saved in this folder.

5. You will be using One-key and DivorceMate software to complete this

work. Provide me with permission to access your database on
DivorceMate. Not complying with this step will result in a two-mark
deduction.

6. Proofread each document carefully on the screen, save and close the
document.

7. Only one submission through the Blackboard portal is permitted.

Make sure you upload/attach all documents you need to send me for
grading before clicking submit

8. The Blackboard portal will close 15 minutes after the two hours has
expired at the end of the test. Anyone submitting after the two-hour
deadline will be subject to a 20 percent deduction on this test.

This test will be marked out of 40 and worth 25 percent of your final
grade.

GOOD LUCK!
 FAMILY LAW PROCEDURES ( LAWS 263)

Final Simulation

Answer - Keiller /20

(1 mark deducted per error)

Final Divorce Document - Johnson /10

(1 mark deducted per error)

Summary of Electronic Filing /10

(1mark deducted per error)

___________

TOTAL /40

*This will be recorded as a grade out of 25 percent for the final grade.
 PART 1 – ANSWER (20 MARKS)

1. Create a folder for this firm file inside the folder you created on your desktop.

2. Using DivorceMate software and the lawyer’s instructions below, prepare an

answer for this client.

3. The Application that our client was served with is also attached for your
information.

4. Save the document in the folder for this file.

From the desk of
Emy A. Song

Keiller File

We have acted for Mr. Keiller in a Real Estate file in the past. I had another assistant open
the file after you left yesterday. The file number is 2227. He separated from his wife who
still lives on Stillriver. They were married in Burlington. He presently lives at:
2633 Glad Overlane, Brampton, ON L3R 2S1.

He brought in the Application and F/S, Cert. of Financial Disclosure, Affidavit (decision-
making responsibility, parenting time, contact…) and all other documents that he was
served with. I met with the client early this morning and prepared his Financial Statement.
Please prepare the Answer for me in this file.

Our client is an Engineer for Humber Tool and Die Inc. and earns $99,000.00 per annum.
He has no objection to any of the Applicant’s claims except that he does not feel it
necessary to pay her spousal support, as she is a qualified teacher with 10 years’
experience, and he feels she can be gainfully employed and contribute to legal costs. His
daughter attends Streetsville Secondary School.

He wants equalization of net family property, a divorce, does not object to child support
payment under the table amount but, he would like to claim liberal and regular parenting
time with the children of the marriage, equalization of NFP and costs. He does feel it is in
the best interest of the child if she remains in the applicant’s custody in the family home
while they resolve their differences.

Thanks.
Emy.
 ONTARIO Court File Number
Superior Court of Justice FP-98765-23
(Name of Court)
SEAL
at 7755 Hurontario Street, Brampton, ON L6W 4T1 Form 8: Application
(Court office address) (General)

Applicant(s) Applicant(s) Lawyer

Full legal name JANICE LEE KEILLER Name RAYMOND G. CASTLES
Address Address
Phone & fax 12 Stillriver Lane Phone & fax Castles & Sands
Email Brampton, ON L5B 8M7 Email Barristers and Solicitors
900 - 205 Portage Street
Markham, ON L3R 3G3
Tel: (905) 495-2222
Fax: (905) 495-2223
[email protected]
Respondent(s) Respondent(s) Lawyer
Full legal name MICHAEL EVAN KEILLER Name
Address Address
Phone & fax 2366 Glad Overlane Phone & fax
Email Brampton, ON L3R 2S1 Email

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 a.m. p.m. or as soon as
DATE IS (date) A
T
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.
X 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 motion is scheduled, whichever comes first.
IF, AFTER 365 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 within 60 days unless
the parties file proof that the case has been settled or one of the parties asks for a case 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 the 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.
X 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 can file documents in person at a courthouse or online by visiting
www.Ontario.ca/familyclaims.
YOU SHOULD GET LEGAL ADVICE ABOUT THIS CASE RIGHT AWAY. 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.)

August 4, 2023 “Clerk”

Date of issue Clerk of the court
 FAMILY HISTORY

APPLICANT: Age: 59 Birthdate: (d, m, 30 May 1963

y)

Resident in (municipality & the Regional Municipality of since (date) 1984

province) Peel, Ontario
First name on the day before the Janice
marriage date:
Last name on the day before the Middleton
marriage date:
Gender on the day before the marriage date:
Male X Female Another gender

Divorced X No Yes (Place and date of previous divorce)

before?

RESPONDEN Age: 65 Birthdate: (d, m, 16 April 1957

T: y)

Resident in (municipality & the Regional Municipallity of since (date) 1957

province) Peel, Ontario
First name on the day before the Michael
marriage date:
Last name on the day before the Keiller
marriage date:
Gender on the day before the marriage date:
X Male Female Another gender Gender information not available
Divorced X No Yes (Place and date of previous divorce)
before?

RELATIONSHIP DATES:

X Married on (date) June 19, 1984 Started living together on

(date)

X Separated on November 29, 2018 Never lived Still living together

(date) together

THE CHILD(REN): List all children involved in this case, even if no claim is made for these
children.

Birthdate Resident in Now Living with

Full legal name Age (d, m, y) (municipality & province)
(name of person and
relationship to child)
 Martina Maria Keiller 13 14 February 2010 the Regional of Peel, Janice Lee Keiller,
ON Mother

PREVIOUS CASES OR AGREEMENTS

Have the parties or the children been in a court case before?

X No Yes

Have the parties made a written agreement dealing with any matter involved in this case?
X No Yes (Give date of agreement. Indicate which of its items are in dispute.)

Has a Notice of Calculation and/or a Notice of Recalculation been issued by the online Child
Support Service in this case?
X No Yes (Give date(s) of Notice(s) of Calculation or Recalculation.)

If yes, are you asking the court to make an order for a child support that is different from the
amount set out in the Notice?
No Yes (Provide an explanation.)

Have the parties arbitrated or agreed to arbitrate any matter involved in this case?
X No Yes (Give date of agreement and family arbitration award, if any.)

CLAIM BY APPLICANT

I ASK THE COURT FOR THE FOLLOWING: (Claims below include claims for temporary orders.)

Claims under the Divorce Act Claims under the Family Law Claims relating to property
(Check boxes in this column only if you Act (Check boxes in this column only if your
are asking for a divorce and your case is case is in the Superior Court of Justice or
in the Superior Court of Justice or Family or Children’s Law Reform Act Family Court of the Superior Court of
Court of the Superior Court of Justice.) Justice.)

00 X a divorce 10 X support for me 22 X equalization of net

properties
family
01 X support for me 11 X support for child(ren) – 23 X exclusive possession of
amount
table matrimonial home
02 X support for child(ren) – 12 support for child(ren) – 24 X exclusive possession of
amount
table than
othertable amount contents of matrimonial
home
03 support for child(ren) – 13 X decision-making 25 freezing assets
than
othertable amount for child(ren)
responsibility
04 X decision-making 14 parenting time with 26 sale of family property
responsibility for child(ren)
child(ren)
05 parenting time with 15 restraining/non-
child(ren) order
harassment
06 contact with child(ren) 16 indexing spousal
requires court leave)
(this support
17 declaration of parentage
18 guardianship over
child’s
property
19 contact with child(ren)
(this
does not require court leave)

20 wrongful removal to or
retention of child(ren)
in Ontario involving a
country outside Canada
under the Convention
on the Civil Aspects of
International Child
Abduction
21 wrongful removal to or
retention of child(ren)
in Ontario involving a
country outside Canada
NOT under the
Convention on the Civil
Aspects of International
Child Abduction

30 X costs 50 Other (Specify.)

31 annulment of marriage
32 prejudgment interest
claims relating to a
33
family
arbitration

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 you are claiming decision-making responsibility, parenting time, or contact in this case.)

1. Decision-making responsibility for the child of the marriage, namely, Martina Maria

Keiller born, February 14, 2010.

 2. Support for the child of the marriage, namely, Martina Maria Keiller born, February 14,

2010, pursuant to the Ontario Child Support Guidelines.

3. Support for the Applicant, in an amount to be determined by the Court once full

disclosure is obtained from the Respondent.

4. An equalization of Net Family Property of the parties pursuant to s.5 of the Family Law

Act, R.S.O. 1990, c.F.3, s.5(1).

5. Exclusive possession of the matrimonial home and its contents

IMPORTANT FACTS SUPPORTING MY CLAIM FOR DIVORCE

X Separation: The spouses have lived separate and apart November 29, 2018 and
since (date)
have not lived together again since that date in an unsuccessful attempt to
reconcile.
X have lived together again during the following period(s) in an unsuccessful
(Give dates.)
attempt toJuly
reconcile:
1, 2020 to September 15, 2020.
Adultery: The respondent has committed adultery. (Give details. It is not necessary to name any other
person
but, involved
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).)

1. My husband and I have lived separate and apart since November 29, 2018. We tried to

reconcile from July 1, 2020 to September 15, 2020, but that failed and there is no

possibility that we will resume cohabitation as husband and wife.

2. The child of the marriage has resided with me since separation, and I have always been

her primary caregiver. The child is doing well, and it is in her best interest that she

remain in my custody.

3. My husband is an industrial engineer and earns a substantial income and is well able to

support the child of the marriage.

 4. My financial circumstances are set out in my financial statement sworn August 1, 2023. I

remained at home with the child until approximately 4 years ago and as a result, lost

opportunity for advancement in my career. I still require the time to be with my child

before school and to be home on time to be with her after school. As a result of my

responsibilities toward my family during marriage and currently, I will never be able to

advance my career the same way my husband has advanced his. I am unable to provide

for all my own reasonable needs without financial support from my husband. He has

stable income and the ability to pay support.

5. The child is still in high school, and I require security through my husband’s support

obligations for the child and me.

APPLICANT’S CERTIFICATE

(Your lawyer, if you are represented, must complete the Lawyer’s Certificate below.)

Sections 7.1 to 7.5 of the Divorce Act and section 33.1 of the Children’s Law Reform Act
require you and the other party to:

• Exercise your decision-making responsibility, parenting time, or contact with a child in a manner that is consistent with
the child’s best interests;
• Protect the child from conflict arising from this case, to the best of your ability;
• Try to resolve your family law issues by using out-of-court dispute resolution options, if it is appropriate in your case
(for more information on dispute resolution options available to you, including court-connected mediation, you can
visit the Ministry of the Attorney General’s website or www.stepstojustice.ca);
• Provide complete, accurate, and up-to-date information in this case; and
• Comply with any orders made in this case.

I certify that I am aware of these duties under the Divorce Act and the Children’s Law Reform
Act.

August 4, 2023 “Janice Lee Keiller”

Date of signature Applicant’s signature
Janice Lee Keiller
 LAWYER’S CERTIFICATE

My name RAYMOND G. CASTLES

is:
and I am the applicant’s lawyer in this case. I certify that I have complied with the requirements
of section 7.7 of the Divorce Act and section 33.2 of the Children’s Law Reform Act regarding
reconciliation and the duty to discuss and inform.

August 4, 2023 “Raymond G. Castles”

Date of signature Lawyer’s signature
Raymond G. Castles

For information on accessibility of court services for

people with disability-related needs, contact:

Telephone: 416-326-2220 / 1-800-518-7901 TTY: 416-326-4012 / 1-877-425-0575

 PART 2 – FINAL DOCUMENT (10 MARKS)

1. Create a folder for this firm file inside the folder you created on your desktop.

2. Using DivorceMate software and reading the lawyer’s instructions below, prepare
the final document to obtain divorce.

3. Save the document in the folder for this file.

From the desk of

Carolyn G. Smith

Johnson File
Matter No. 1789

This is a former client of ours from years

back.

Attached is a copy of the sealed Divorce

Order in this file, for your reference. Keep
in mind that the forms and court addresses
changed in March of 2021.

Mr. Johnson wants to remarry and just

realized that he never finalized his
previous marriage. Please draft the
appropriate document immediately.

Thanks, Carolyn.
 ONTARIO Court File Number
Superior Court of Justice 15-FP-468956
(Name of Court)
SEAL at 363 University Avenue, Toronto, ON M5G 1E6 Form 25A: Divorce
(Court Office Address) Order
Applicant(s)
Full legal name & address for service: street, Lawyer’s name & address: street, number,
number, municipality, postal code telephone & municipality, postal code, telephone & fax
fax numbers & e-mail address (if any). numbers & e-mail address (if any).
JEREMY SEBASTIAN JOHNSON CAROLYN G. SMITH (53244P)
Justie Mandamus 34 Ravine Street Smith and Sherrard Law LLP
Judge (Print or type name) Toronto, ON M4P 3R1 Barristers and Solicitors
April 24 , 2015 8 Centre Street, Suite 2
Date of order Mississauga, ON L5P 2S4
Tel: (905) 424-8000
Fax: (905) 424-8001
[email protected]
Respondent(s)
Full legal name & address for service: street, Lawyer’s name & address: street, number,
number, municipality, postal code telephone & municipality, postal code, telephone & fax
fax numbers & e-mail address (if any). numbers & e-mail address (if any).

MICHELLE ANN JOHNSON RAYMOND G. CASTLES

81 Circle Lane Castles & Sands
Toronto, ON M2R 1S2 Barristers and Solicitors
900 - 205 Portage Street
Markham, ON L3R 3G3
Tel: (905) 494-2222
Fax: (905) 495-2223
[email protected]

The court heard an application of JEREMY SEBASTIAN JOHNSON on (date) April 10, 2023. .
(name)

THIS COURT ORDERS THAT:

If the court decides that JEREMY SEBASTIAN JOHNSON and
the divorce shall take
1. effect earlier, replace “31” (full legal names of spouses) MICHELLE ANN JOHNSON
with the smaller number. who were married at North York, ON
(place)
on (date) January 2, 1996.
be divorced and that the divorce take 31
effect days after the date of this order.

April 24, 2015 Justice Mandamus

Date of signature Signature of judge or clerk of the court

NOTE: Neither spouse is free to remarry until this order takes effect, at which time you can get a Certificate of Divorce from the
court office.
 PART 3 – ELECTRONIC FILING (10 MARKS)

4. Create a folder for this client file inside the folder you created on your desktop.

5. Using ONE-key software and reading the lawyer’s instructions below, print out
the summary for this file. I have also uploaded files that you will require to obtain
further information and may need to attach to your electronic filing.

6. Save the summary document in the folder for this file.

FROM THE DESK OF

Kathryn L. Sherrard

Boland File.

Read over the documents provided below.

They have also been provided
electronically with this test.

File the Application for this uncontested

divorce using One-key and provide me with
the Summary.

Thanks.
Law office SMITH AND SHERRARD LAW LLP
New Client Questionnaire

Referred by: Not Applicable Today’s Date: __________________________

Applicant’s Name: Beatrice Miranda Boland

Current Address: 126 Miton Avenue, Toronto, ON M4P 3R6
Resided at Current Address Since 1999, April
If less than one year, prior address?

Home Tel: 416-987-3665 Other/Cell:

Specify – Rent/Own/Other: Own
Current Employer: Willow Lane Dental Since: 2010
Position/Title: Receptionist
Employer’s Address: 345 Rowntree Road, Ste. 7, Toronto, ON L5N 3R3
Work Tel: 416-368-2033 Fax: 416-368-2000

Responent’s Name: Nikola David Boland

Respondent’s Address for Service: 19 Chrysler Lane, Toronto, ON M9C 2M4
Cell Phone: 416-555-2347
Sales Manager@ ABC Limited –earns 99000

Date of Separation: September 14 (last year)

Date of Marriage April 3, 1999 –Toronto
Wife’s Surname Before Marriage: Matthews
At Birth: Same as above.
Husband’s Surname Before Marriage: Same
At birth: Same
Marital Status of Respondent at Marriage: Single
Marital Status of Applicant at Marriage: Single
Applicant’s Birthplace: Calgary, Alberta, May 22, 1972
Respondent’s Birthplace: Scarborough, Ontario, April 7, 1970
The Applicant has resided in: Toronto, Ontario
Since: 1975
The Respondent has resided in: Ontario
Since: Birth
Children of the Marriage are:
Not applicable.
School age children attend:

Possibility of Reconciliation? NO

*We require a Marriage Certificate or Certification of Registration of the Marriage.

*We require a Certificate of Divorce of either party was previously married.

Verified Identity by seeing Passport.

 CERTIFICATE OF MARRIAGE

THIS IS TO CERTIFY THAT on Saturday, the 3rd day of April, 1999

at St. Paul Anglican Church, Etobicoke in the Province of Ontario

the marriage of Nikola David Boland

and Beatrice Miranda Matthews

was solemnized under the authority of marriage license No. C869885

issued on the 29th day of March, 1999

Witnesses to the marriage

J. Matheson
Signature of the person solemnizing the marriage

Samuel Johnson 3878 Bloor St. West, Etobicoke, Ontario, M4R 3P1

Samantha Kain Anglican AP098720

Clergy denomination Clergy Registration
Certificate Number
 THIS SEPARATION AGREEMENT made this 27th day of October 2022.

B E T W E E N:
BEATRICE MIRANDA BOLAND
herein referred to as the “Wife”

and
NIKOLA DAVID BOLAND
herein referred to as the “Husband”

1. DEFINITIONS
In this agreement, property means real or personal or any interest in it.
2. BACKGROUND
a. The parties were married to each other in Etobicoke, Ontario, on April 3, 1999. Throughout this agreement,
they are called, respectively, the husband and the wife. If the marriage is dissolved, the terms shall be
construed to mean former husband and former wife.
b. The husband and the wife are living separate and apart from each other and have done so since the 14 th day of
September, 2022, and desire to settle by agreement all their rights and obligations, which they have or may
acquire, with respect to their property and support one from the other.
3. AGREEMENT
The husband and the wife each agree to be bound by the provisions of this agreement.
4. LIVING SEPARATE AND APART
The husband and the wife will continue to live separate and apart from each other for the rest of their lives.
5. PROPERTY
The husband and the wife each acknowledge and agree that:
a. All their property, including familiy automobiles, has been divided between them to their mutual satisfaction,
except for the following items:
i. The matrimonial home, being a single-family dwelling known municipally as 126 Miton Avenue,
Toronto, Ontario, now owned jointly by the husband and the wife, will become the wife’s sole
property absolutely, and the husband shall execute the necessary conveyance to effect this. In
return, the wife agrees to pay to the husband upon the execution and delivery of such conveyance,
the sum of $5,000.00, by certified cheque and agrees to pay a further sum of $4,500.00, by cash or
certified cheque on or before the 31st day of December, 202X. The wife agrees to give the husband
a charge/mortgage on the security of the said property as security for the said sum outstanding of
$4,500.00, payable on the above date, without interest, but with interest a the rate of 15 percent per
annum from after the 31st day of December, 202X.

ASSUME THIS IS THE ENTIRE MARRIAGE CONTRACT