Supreme Court

How to draft a Supreme Court order

Section 5: Property — Final orders (Optional)

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After trial or if a case is undefended, a judge can make final orders about property. Use this section if final orders have been made about property. It includes sample orders on the following topics:

  • The family home
  • Pensions
  • Debts
  • Vehicles and household goods

The general instructions for this section are as follows:

  1. Click Show instructions at the beginning of each topic for more information and specific directions.
  2. Choose the clauses that reflect the orders made by the judge. Insert the requested details in the text boxes. Click Don't include for orders that don't apply.
  3. When you're done, click Open text version. Make any changes to the orders necessary to reflect what the judge said or wrote. Copy and paste this text into your correct court form.

Tip: Remember that all the clauses below are automatically included in your text version unless you click Don't include. If you change your mind, you can always include them again by clicking Include.

 

The family home

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These orders are for situations where the judge orders that the family home be sold. You can use similar wording for other real property (land and/or buildings) too.

  1. Include clause 1 if the court orders that one party may purchase the other party's share in the family home. Insert the street address and legal address of the home, and state the number of days after the order date the party has to make the purchase.
  2. Choose from clauses 2 – 4 based on what the court orders if the party doesn't purchase the family home within the specified number of days.
  3. Include clause 5 or 6 if the court makes an order regarding the list price of the family home. Tailor the clause in your text file to fit the order the court made about how the list price is to be determined.
  4. Include clause 7 if the court makes an order about sole occupancy of the family home.
  5. Include clause 8 or 9 based on what the court orders about mortgage and other payments up until the sale of the home.
  6. Include clause 10 to reflect what the court says about dividing up the proceeds from the sale of the house. Fill in what the judge said about dividing the balance from the sale (e.g., equally or otherwise). You can always edit this order in your text file if something doesn't apply exactly to your situation.
  7. Include clause 11 to record any other orders about the family home. Write what the judge said in the text box.

The (choose claimant/respondent) may purchase the (choose claimant/respondent) share in the family home, located at and described as within days of the date of this order.

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If the (choose claimant/respondent) does not purchase the family home, it will be listed for sale and sold, with the parties sharing joint conduct of sale.

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If the (choose claimant/respondent) does not purchase the family home, it will be listed for sale and sold, and the claimant will have sole conduct of sale.

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If the (choose claimant/respondent) does not purchase the family home, it will be listed for sale and sold.

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The list price of the family home will be the average of values determined by two certified appraisers. The claimant will get one appraisal. The respondent will get the other appraisal.

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Until the family home is sold, the (choose claimant/respondent) will have sole occupancy of the family home.

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Until the family home is sold, the (choose claimant/respondent) will be responsible for making all payments required under the terms of the mortgage on the family home.

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Pending the sale of the family home, the claimant and respondent will share equally the mortgage payment and the household utility accounts for hydro, gas, telephone, cable and internet.

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When the family home has been sold, the proceeds of sale shall be distributed as follows: a) to the real estate commission and associated GST; b) to the usual vendor-purchaser adjustments, including property taxes; c) to the payout, including penalties and interest, of the mortgage; and d) the balance then remaining shall be divided between the claimant and respondent.

Include
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Include
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Pensions

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A court might make orders about how pensions should be divided. Depending on what the judge orders, some of the basic clauses below might be suitable, or you can adapt them to your situation in your text file. For more information about pension division, see the fact sheet, What you need to know about dividing pensions and other employment benefits.

  1. Include clause 12 if the court orders the division of a Canada Pension Plan that hasn't been paid.
  2. Include clause 13 if the court orders that one party should receive a share of another party's pension that hasn't been paid. Include clause 14 to provide the dates that should be used to calculate this share.
  3. Include clause 15 if the court orders that one party transfer an interest in an RRSP to the other party. Fill in the amount. Provide details of the RRSP, RRIF, or LIF, such as where it's held and account numbers.
  4. Include clause 16 to record any other orders about pensions. Write what the judge said in the text box.

The Canada Pension Plan credits that have accumulated during the relationship shall be divided between the claimant and respondent according to the policy and procedure of the Federal Government of Canada, with the dates for division being the date of to the date of separation, .

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The (choose claimant/respondent) is entitled to receive a share of the (choose claimant/respondent) benefits under as provided under Part 6 of the Family Law Act. The (choose claimant/respondent) must file the prescribed forms to receiving that share.

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The dates to use for calculating the (choose claimant/respondent) share are and .

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The (choose claimant/respondent) will transfer from the to a registered plan in the (choose claimant/respondent) name by a spousal rollover under section 146(16)(b) or section 146.3(14) of the Income Tax Act.

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Debts

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The court might make an order about how the debts you and the other party have will be dealt with. Choose the orders that best reflect what the court ordered. If the court's order is different, make the necessary changes. You can edit them in your text file to reflect the specifics of the order the court made.

  1. Include clause 17 if the court orders that the parties are responsible for equal shares of the debt. Insert the amount of the debt, and list the debts the court dealt with, including specific details.
  2. Include clauses 18 and/or 19 if the court orders that one party is responsible for specific debts. You may need both of these clauses or only one. List the types of debts and amounts that the party is responsible for, such as a credit card account or line of credit.
  3. Include clause 20 if the court orders that all joint accounts be closed.
  4. Include clause 21 to record any other orders about debt. Write what the judge said in the text box.

The claimant and respondent will share equally the liability for consumer debt of , made up by:

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The claimant will pay off the following debts:

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The respondent will pay off the following debts:

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The joint accounts will be closed.

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Include
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Vehicles and household goods

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The court might make orders about how you divide your possessions, including vehicles and household goods. Choose the orders that best reflect what the court ordered. If the court's order is different, make the necessary changes. You can edit them in your text file to reflect the specifics of the order the court made.

  1. Include clause 22 if the court orders that one party takes possession of a vehicle. Insert the make and year of the vehicle.
  2. Include clause 23 if the court orders that one party will transfer the title of a vehicle to the other, who'll take over all payments, including insurance, loan payments, and repairs. Insert the make and year of the vehicle.
  3. Include clause 24 to record any other orders about vehicles and/or household goods. Write what the judge said in the text box.

The (choose claimant/respondent) will take possession of the .

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The (choose claimant/respondent) will transfer title of the to the (choose claimant/respondent) and that party will take over all payments related to the vehicle, including insurance, loan payments and repairs.

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Include
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