Form 9: Review a Family Justice Manager decision
Form 9 asks a judge for permission to review an order or direction made by a family justice manager under the Provincial Court Family Rules.
Form 9 requests judicial permission to review a family justice manager’s decision. Rule 58 requires filing the application, the order or direction, and supporting evidence within 14 days after the decision was made; service has its own seven-day-before-appearance rule.
A review is not automatic
Rule 58 requires permission from a judge before a family justice manager’s order or direction is reviewed. Filing a Form 9 application does not itself set aside the original order or guarantee a new hearing. The rule identifies matters a judge may consider before giving permission.
How to complete Form 9
- Write down the date the family justice manager made the order or direction. Start calculating the 14-day filing period immediately.
- Identify the exact order or direction to be reviewed, the court registry, case number and parties.
- Obtain a copy of that order or direction. Rule 58(1) requires the copy to be filed with Form 9.
- Explain briefly why you seek permission and a review, using facts and supporting documents relevant to the Rule 58(3) considerations.
- File Form 9, the copy of the order or direction, and supporting evidence within 14 days after it was made.
- Serve the filed documents on every other party at least 7 days before the court appearance date stated in the application. Confirm the appearance arrangements with the registry.
What a judge may consider
Rule 58(3) refers to whether the order or direction conflicts with another order or direction involving the parties, whether it is correct, and whether the proposed review concerns sufficiently important matters. If permission is granted, the judge can set terms and give directions about notice of the review hearing.
Do not confuse Form 9 with Form 10
Form 9 concerns permission and review of a family justice manager’s order or direction. Form 10 addresses various case-management orders, which can include some changes to orders made in a party’s absence under different rules. The proper route depends on what was decided and why you seek relief.
Worked example
A family justice manager makes a direction during the case. If you want judicial review, you identify the direction and its date, explain why the Rule 58 criteria may justify review, and attach the direction and supporting documents. You file on time; a judge then decides whether to permit review.
Common mistake
Waiting for the written order before tracking the 14 days, omitting a copy of the decision, or assuming that a review request automatically suspends the order.