COURT PROCESS

What Generally is the Process?
To put it in its simplest terms, the court process consists of:

• advising of the start of a court proceeding

• giving notice of the claims made by parties with the general facts in support of the claims

• exchanging documents and facts relevant to the claims being made

• negotiating how to resolve the case (with assistance from a judge)

• if the parties cannot agree, the judge will be make a decision based on evidence provided

 

What are Temporary & Final Orders and What Role Do They Play?
Orders (by consent of the parties or by a judge based on evidence) can be temporary (lasting while the case is ongoing) or final (at the end of the case).  Often the process is:

• a temporary order is made (for example parenting arrangements, or support)

• the parties try these arrangements and may exchange more facts / documents

• the parties negotiate (or a judge makes a decision on) a further temporary order or a final order

 

Sometimes, especially with access, several arrangements will be tried (through temporary orders) before a final order is reached.

 

The process strongly encourages the parties to reach agreements rather than having a judge impose decisions.

If a party pursues an issue and fails to succeed, then that party may be ordered to pay some of the other party's court costs (for example, their lawyer's fees).  This is especially likely to happen if a party is seen as acting unreasonably or dishonestly in the court case.

 

Temporary orders, not made on consent, are usually made on motion, based on written evidence and documents.  Final orders, not made on consent, are usually made at trial based on documents and witnesses who are questioned in person.  There are exceptions to when final orders can be made on trial rather than motion.

 

What are the Court Appearances or Event?
Court appearances can include:

• a first appearance - an attendance before a clerk to determine whether all necessary steps have been taken and the case is ready to go before a judge (Ontario Court of Justice)

• case conferences - meetings with a judge to discuss the case: what can be agreed upon, how to resolve the other issues, what documents are required, what are the timelines, etc.

• motions - a hearing before  a judge for temporary substantive relieve (for example, a temporary custody or support order)

• a settlement conference - a further meeting with a judge to try to settle the case

• a trial management conference - to discuss the trial, the time it will take: the witnesses, and any orders regarding evidence

• a trial

 

Parties, without lawyers, are expected to know the court procedures and the law.  Ignorance is no excuse.

 

What are the Different Levels of Courts?

In much of Ontario (including Peel and Toronto) there are two courts dealing with family disputes:

• the Ontario Court of Justice, that deals with:

  • parenting arrangements

  • child protection proceedings

  • support of children & spouses

  • restraining orders

  •  

    support default proceedings

     ​​

     

• the Ontario Superior Court of Justice, that can deal with:

  • parenting arrangements

  • support of children & spouses

  • restraining orders

  • property - possession & division

  • divorce & annulment

  •  

    ​declarations regarding parentage

 

In many locations in Ontario, these two courts have been unified into one court - the Ontario Superior Court of Justice (Family Division).

 

Generally, the Ontario Court of Justice is better set up and more use to cases where parties do not have lawyers.  The process can be simpler in this court.

 

Do You Need a Lawyer?
See About Lawyers article.