FAQ – Ontario Family Law Court Procedures

Anyone who is a party to a case, or anyone who is affected by a case (other than a child) can bring a motion. In order to bring a motion, you must serve and file a Notice of Motion and an Affidavit (a sworn statement providing the evidence in support of your request). The materials must be served no later than 4 days before the motion date and filed with the court no later than 2 days before the motion date.

Please note that in the Toronto Superior Court, it is also necessary to file another document (“Factum”) summarizing the contents of the motion record and the arguments and law to be relied on at the hearing.

If you reside within Canada, you have 30 days to file your Answer. If you are outside of Canada or the United States, you have 60 days to file your Answer.

Your financial statement must include your last 3 years Income Tax Returns and Notices of Assessment, or a direction to Revenue Canada to release them to your spouse. Note that full and honest financial disclosure is very important in family matters, and as such, this information must be updated 30 days before each court appearance with either a new Financial Statement, or an updating Affidavit advising the court and the other party that your circumstances have not changed since the filing of your last financial statement.

For either a Case conference, Settlement or Trial management conference, you must file a brief in prescribed forms within specific time limits.

According to the Ontario Guide to Procedures in Family Court, it usually takes approximately 200 days from the date of the Application for the court to schedule a trial date.