What happens after you start a family case in Toronto? Step by step

After you file, the application has to be served on the other side right away, and they have 30 days to answer, or 60 days if they are served outside Canada or the United States. Most parties must attend a free Mandatory Information Program within 45 days of the case starting. In the Toronto Superior Court nothing is booked automatically: one of you has to schedule the first case conference.

Below is the usual order of events in a contested case, with the rule behind each step. A joint divorce application, where both spouses agree on everything, skips most of it. If you are not yet sure which courthouse you belong in, start with which Toronto family court handles your case. For the bigger decisions around ending a marriage, see our divorce page.

What are the steps, in order?

If the case does not settle, a settlement conference and a trial management conference follow, and then a trial. In the Superior Court there may also be a trial scheduling conference.

Superior Court or Ontario Court of Justice: does the first step differ?

Yes. In the Ontario Court of Justice, at 47 Sheppard Avenue East or 311 Jarvis Street, the clerk sets a first court date when you file. On or before that date the clerk checks that everything was served and filed, refers both of you to information about mediation and other options, and, if an answer was filed, books the next event (rule 40). In the Superior Court at 361 University Avenue, the clerk does not set a court date when the application is filed (rule 41). The case comes before a judge only when a case conference or a motion is scheduled, and the court lists [email protected] as its scheduling contact for conferences.

What will the court steps cost?

At the Superior Court, filing an application, filing an answer and setting the case down for trial each carry a court fee, while parenting and Family Law Act support claims are fee-free and the Ontario Court of Justice charges no filing fee. Our guide to what a family case costs in Toronto lists the amounts.

What if the other side does not answer?

A respondent who does not serve and file an answer in time loses the right to further notice and to take part in the case, the court can deal with the case in their absence, and a date can be set for an uncontested trial (rules 10(5) and 1(8.4)). In the Ontario Court of Justice, the clerk sends an unanswered case to a judge to decide on affidavit evidence, or schedules a case conference if you ask. For a divorce on its own, the applicant files an affidavit for divorce (Form 36) and the clerk presents the papers to a judge.

If your spouse lives in Iran or elsewhere outside North America, remember the longer 60-day answer period, and see divorcing in Ontario after a marriage in Iran.

What is the Mandatory Information Program, and who can skip it?

It is a free session, online or at the courthouse, about the effect of separation on parents and children, options such as mediation, legal issues such as child support, and the court process. The Ministry of the Attorney General says it runs one hour if you have no children and two hours if you do. The applicant serves the respondent's notice with the application.

You do not have to attend if you already attended one, if both of you agree on everything, if the only claims are a divorce, costs or turning an agreement into an order, if the case is only about a family arbitration, or if a judge excuses you because of urgency or hardship. Until your certificate is filed you cannot take other steps, except serving an answer and booking a case conference (rule 8.1(7)).

What must you do before the first case conference?

• Confer with the other side. Before any conference, each party must try to discuss requests for financial disclosure and a temporary resolution of the issues (rule 17(3.1)). This does not apply if a court order prohibits contact, or if there is a risk of domestic violence by a party who has no lawyer.
• Exchange income information. In a support case, the income documents listed in the child support guidelines must reach the other side before any case conference (rule 13(3.2.1)).
• File a case conference brief. Form 17A sets out your family, your finances, the issues and how you would resolve them. What is said at a case conference is confidential and cannot be used later as evidence at a motion or trial.
• Update your financial information if your last financial statement would be more than 60 days old by the time of the conference (rule 13(12)); see which financial statement you file and what to attach.

At the conference the judge explores settlement, identifies what is and is not in dispute, makes sure disclosure is complete, and sets a timetable (rule 17(4)). For what goes into the support numbers, see how child support is calculated. For property, see property division in Ontario.

Can you ask for a temporary order before the conference?

Usually not. No motion can be served or heard until a conference on the substantive issues has been completed (rule 14(4)). The exception is urgency or hardship, or another reason in the interest of justice (rule 14(4.2)), and motions on consent or without notice are also excluded. A real risk that a child will be taken out of Ontario is the kind of situation that can justify going straight to a motion; see what an Ontario court can order to stop a child being taken abroad.

Is there a deadline for the case as a whole?

There is a warning clock. If a case has not been settled, withdrawn or scheduled for trial by the 365th day after it started, the clerk serves a notice of approaching dismissal. Within 60 days a party must then act, for example by booking a conference for the first available date, filing a signed settlement, or scheduling the trial. Otherwise the clerk dismisses the case (rules 40 and 41). A judge can set that dismissal aside on a motion. The limits that apply before a case even starts, such as the equalization deadline, are collected in the deadlines in an Ontario family case.

What changes the answer?

• Which court you are in. The Ontario Court of Justice sets a first court date at filing (r. 40); the Superior Court does not, so someone must book the conference (r. 41). Both Toronto Ontario Court of Justice locations follow the same rules; see what to expect at 311 Jarvis Street for the downtown one.
• Where the respondent is served. 30 days to answer in Canada or the U.S., 60 days elsewhere (r. 10(1) and (2)).
• What you are claiming. A divorce on its own, or a case where everything is agreed, skips the information program (r. 8.1) and can go to a judge on affidavit evidence (r. 36).
• Urgency. A real risk to a child or a party can justify a motion before the first conference (r. 14(4.2)).
• Family violence. The duty to confer before a conference does not apply where a court order prohibits contact, or where there is a risk of domestic violence by a party without a lawyer (r. 17(3.2)).
• Where you live. In York Region, the same rules run at one unified court in Newmarket; see what to expect at the Newmarket family court.

A worked example

For example, imagine a mother in North York who files a Superior Court application at 361 University Avenue for a divorce, child support and an equalization payment. Her husband is served in Toronto the same week, so he has 30 days to answer. Both attend the Mandatory Information Program and file their certificates. Nothing happens on its own after that, so her lawyer emails the case conference office to book a date. Before the conference, the lawyers confer about disclosure and exchange the income documents the guidelines require. Each files a case conference brief and an updated financial statement. At the conference the judge narrows the issues and sets a timetable for the rest of the disclosure. This is a hypothetical walk-through of the steps, not a prediction of any result.

What mistakes do people make after filing?

1. Waiting for the court to call in a Superior Court case, where no date is set at filing.
2. Serving the application themselves, when special service must be done by someone else.
3. Skipping the information program, which blocks most other steps until the certificate is filed (r. 8.1(7)).
4. Arriving at the first conference without disclosure, or with a financial statement more than 60 days old.
5. Bringing a motion too early when the matter is not urgent.
6. Ignoring the 365-day notice until the case is dismissed.

What to do this week

1. Arrange service of the application and keep the affidavit of service.
2. Register for the Mandatory Information Program, unless an exception applies.
3. Start collecting the income and property documents you will need to exchange.
4. In the Superior Court, ask about the next available case conference date.
5. Mark day 365 after the case started in your calendar.

Frequently asked questions

How long does a family case take in Toronto?

No rule sets a total length. The time limits in the rules, such as 30 days to answer and the 365-day dismissal warning, mark the pace, and a settlement can end the case at any point.

Can we settle after the case starts?

Yes, at any stage. A conference is designed to explore settlement (r. 17(4)), and many families also use mediation or arbitration; see whether a family arbitration award is binding.

What happens at the first appearance in the Ontario Court of Justice?

The clerk checks service and filing, refers both parties to information about mediation and other options, and books the next event if an answer was filed (r. 40).

Can my child's views be heard?

A judge may ask the Office of the Children's Lawyer to become involved; see what the Office of the Children's Lawyer does.

Is what I say at a case conference used against me later?

No. What is said at a case conference is confidential and cannot be used as evidence at a later motion or trial.

Can I get an interpreter for the conference?

In a family case, Ontario provides an interpreter in a language other than French only with a fee waiver or a court order, so raise it early. Families who speak Persian can read our page on what a Persian-speaking family lawyer in Toronto can do.

Sarbazevatan Law represents clients through each of these steps, in English, Persian (Farsi) or French. Call +1 (416) 628-2041 or reach us through the contact page.