Consolidated Provincial Practice Direction for Family Proceedings

This practice direction applies to family court proceedings in the Ontario Superior Court of Justice province-wide. It replaces all previous consolidated provincial practice directions and provincial notices to the profession, parties, public and media.

Counsel and parties should also refer to the applicable region-specific practice directions. In particular, for directions related to filing and uploading to Case Center, counsel and parties in Toronto must refer to the Toronto Regional Practice Direction because the Ontario Courts Public Portal has replaced the Justice Services Online filing platform in Toronto. The directions on filing and Case Center set out in this practice direction continue to apply to all other regions.

Counsel and parties in family law and child protection cases are expected to file or request issuance of their documents through the Family Submissions Online portalon the Ministry of the Attorney General’s Justice Services Online (JSO) platform. Limited services are also available at the court office counter for self-represented persons.

Uploading a document to Case Center does not constitute filing the document. Unless the court orders or a practice direction provides otherwise, only documents already filed with the court may be uploaded to Case Center.

Once accepted by the registrar, a document will be considered to have been filed or issued on the date indicated on the document by the registrar or filing software, or in the confirmation sent by the registrar.

Documents filed with the court must include prior orders or endorsements relevant to the request being made.

To help address disputes regarding what material has been accepted for filing, counsel and parties must retain the most recent copy of the confirmation of filed documents (Case Document List) that they receive with the Ministry email confirming acceptance of the filings. Counsel and parties must be prepared to upload the confirmation into Case Center at a judge’s request.

Documents filed with the court must comply with all applicable restrictions, such as page limits for an affidavit or conference brief. Refer to the restrictions provided in this practice direction at paras. 48, 57, 95 and 96. Documents must also comply with the document naming protocol set out below.

Unless the court orders otherwise, where counsel and parties submit documents through the Family Submissions Online portal or by email, they must: Retain in hardcopy original documents that were signed, certified or commissioned until the case is finally disposed of or, if no notice of appeal is served, the time for serving the notice has expired; and Promptly make the original document available for inspection and copying on the request of the court, the registrar or any party to the case.

When submitting documents to the court in electronic format, the document name must be saved using the following protocol: Document type (including the form number in Family cases only) Type of party submitting the document Name of the party submitting the document (including initials if the name is not unique in the case) Date on which the document was created or signed, in the format DD-MMM-YYYY (e.g. 12-JAN-2021)

For example, documents should be saved as follows: Expert Report – Defendant – Loblaws – 13-MAR-2021 Factum – Applicant – Wong – 21-NOV-2021 Affidavit for Divorce Form 36 – Applicant – A. Nathanson – 12-JAN-2023

Other examples of document names for the Divisional Court are set out in Schedule B of the Consolidated Provincial Practice Direction for Divisional Court Proceedings.

Document names shall not include firm-specific naming conventions, abbreviations or file numbers.

For questions on electronic filing using Family Submissions Online, including fee payment through the portal, counsel and parties can contact the Court Services Division’s Contact Centre for Online Services by telephone or email: Toll-free: 1-800-980-4962 Tel: 647-438-0403 TTY: 416-368-4202 Toll-free TTY: 1-833-820-0714 FamilyClaimsOnline@ontario.ca

Limited Filing at the Court Counter

Self-represented persons are encouraged to use JSO’s Family Submissions Online portal but may file documents in person at the court counter or by email.

Any person requiring accessibility services may contact the Accessibility Coordinator at the courthouse.

Court staff will return a paper document filed at the court counter once the document is digitized. Counsel and parties must retain the original document and produce it on request pursuant to Family Law Rules 1.1(10) and 1.1(11.1).

The court will accept limited filing by email (using the email addresses indicated in each region’s practice direction) for the following matters: Urgent matters, including requests for an urgent hearing; Documents required for a hearing or deadline that is three business days or fewer away; or A court order requires parties to file by email.

The following documents should not be filed through the portal, but directly emailed to the court (using the email addresses indicated in each region’s practice direction) or filed in person at the court counter: Documents relating to writs of seizure and sale under Rule 28 of the Family Law Rules; and Documents in support of a sealing motion or subject to a sealing order.

In the case of documents in support of a sealing motion, the unredacted document to be sealed must be emailed to the Trial Coordination Office, identifying the case name, court file number and the hearing date (if assigned), together with a request that the document be forwarded to the presiding judge or associate judge as a sealing order is being sought.

Court fees are prescribed by regulation and are payable at the time a document with an associated fee is submitted to the court: Where a document is submitted through the Family Submissions Online portal, payment is made through the portal. Where a document is submitted in person, payment is made in person. Where a document is submitted by email or mail, payment can be made over the phone through a secure credit card transaction. Payment can also be made by mail using a cheque. The cheque must be processed before the document will be accepted for filing and/or issuance. Court office phone numbers and mailing addresses are on the Ministry of the Attorney General’s website.

Cheque payments must be made out to the Minister of Finance and, if mailed or couriered, must be accompanied by a letter indicating the court file number, title of proceeding, the document that was filed, date of the filing, the party who filed the document and the name of counsel (if any).

Parties who cannot afford to pay court fees may request a fee waiver. Information about requesting a fee waiver can be found in the Ministry of the Attorney General’s Court Fee Waiver Guide and Forms. Fee waivers only apply to fees not yet paid.

Institutional litigants, such as a children’s aid society, the Family Responsibility Office, Office of the Children’s Lawyer and Ontario Works shall use JSO’s Family Submissions Online portal to submit documents to the court, subject only to the following exceptions: Documents required for a hearing or deadline that is three business days or fewer away (e.g. protection applications where a child has been brought to a place of safety); Documents for an urgent hearing; Sealed documents or documents in support of a sealing motion; or Documents relating to writs of seizure and sale under Rule 28 of the Family Law Rules.

Counsel and parties (including self-represented persons) shall not communicate directly with a judge unless the court orders otherwise. Instead, they may communicate with the court filing and trial coordination offices by email: For Family matters, the regional practice directions indicate the appropriate contact information.

When communicating by email with court staff, counsel and parties must: Include the following information in the subject line: Level of court (S.C.J. or Div. Ct.) Type of matter For Family proceedings: family or child protection Court file number (indicate NEW if no court file number exists) Originating court location Type of document (e.g. motion, conference brief or another request) Short title of proceeding Date of hearing, if set Include in the body of the email the following information: Court file number (indicate NEW if no court file number exists) Short title of proceeding Date of hearing, if set List of documents attached Type of request The sender’s name, role (counsel, representative or party) and contact information (email and phone number)

Counsel and parties must copy all other parties on emails and letters they send to the court.

Case Center is an online platform where judges, parties and court staff view electronic documents for court hearings. This Part sets out requirements specific to family hearings using Case Center.

Information on Case Center, including how to access Case Center, upload to Case Center, use Case Center effectively during court appearances and access support for Case Center, is available on the Superior Court of Justice's website here.

The following directions regarding Case Center do not apply in the Toronto Region. Counsel and parties must refer to the Consolidated Practice Direction for the Toronto Region for information about using the Ontario Court Public Portal.

Uploading a document to Case Center does not constitute filing of the document. Unless the court orders or a practice direction provides otherwise, only documents already filed with the court may be uploaded to Case Center. See Part A(1) for directions on online filing.

Where there is a difference between the filed version of a document and the version uploaded to Case Center, the filed version prevails.

Counsel must upload properly filed documents to Case Center regardless of whether the hearing is virtual or in person. In all regions except the Toronto Region, court staff will upload filed documents to Case Center on behalf of self-represented persons. To avoid duplication, self-represented persons will not be permitted to add materials to Case Center up until the trial stage of the case.

Court documents that have been accepted for filing will be stamped by the court with the date they were filed. Only documents that have been accepted and stamped should be uploaded to Case Center. Documents filed online will have a stamp that looks like this:

Stamped court documents must be uploaded into the appropriate Case Center bundle. This must be done promptly (a) after receiving confirmation from the court that the documents have been accepted for filing; or (b) for a new case after receiving an invitation to the Case Center case and bundles. Failure to comply with this direction may result in the matter being adjourned.

Documents must be named in accordance with the Document Naming Protocol in Part A(2).

Documents should be uploaded into the appropriate section of the appropriate bundle, as follows: Upload into the pleadings bundle: All filed pleadings and amended pleadings, including Form 8: Application General, Form 8A: Application (Divorce), Form 10: Answer, Form 10A Reply, Form 15: Motion to Change and Form 15B: Response to Motion to Change. The following forms: 1 and 35.1A affidavits (including updated versions); Financial statements and net family property statements (including updated versions); and Mandatory Information Program (MIP) certificates. Upload into the bundle created for the hearing: All filed documents pertaining to the hearing. Form 6B: Affidavits of service and confirmation forms. Affidavits of service and confirmation forms must be uploaded to Case Center in the same bundles as the document served, either in the section specifying “affidavits of service” or “confirmation forms”, if this section has been created, or in the party’s documents section. Factums, Summaries of Argument and Books of Authorities. These documents must comply with all directives in this practice direction including those in Part D(2). A participant information form providing the names of counsel and self-represented parties, how they wish to be addressed and the estimated time for oral submissions. The form is only uploaded to Case Center. It is not filed with the court. Exhibits (for trials only). Counsel and parties shall upload documents they seek to have entered as exhibits. Each document must be uploaded separately because the registrar can only add one electronic exhibit stamp per document.

Documents should not be uploaded into the master Bundle.

A document uploaded to Case Center shall not exceed 500 pages.

A document uploaded to Case Center is before the court. Counsel and parties shall not delete a document once it has been uploaded to Case Center.

Documents should be uploaded as PDFs using the “Import Bookmarks” feature so that bookmarks will be retained in Case Center after upload. Exceptions are: Trial Scheduling Endorsement Forms and draft orders must be uploaded in an editable, Word format; and Factums must be uploaded in Word format.

The following documents shall not be uploaded to Case Center: Documents pertaining to a matter to be heard in writing. Parties are not expected to upload documents that are filed in support of a matter being addressed in writing (e.g. 14B motions, consent motions to change and uncontested trials). Child protection matters and other cases brought under the Child Youth and Family Services Act. Unredacted versions of documents that are or, are proposed to be, the subject of a sealing order. The Form 14: Notice of Motion for the sealing order can be uploaded to the motion bundle in Case Center after it is filed with the court. However, the unredacted document proposed to be sealed shall be emailed to the trial coordination office, identifying the case name, court file number and the hearing date (if assigned), together with a request that the document be forwarded to the presiding judge or associate judge as a sealing order is being sought. Unredacted documents in support of a motion for removal as a lawyer. In motions to remove a lawyer under Rules 4(12) and (13) of the Family Law Rules, counsel and parties shall only upload the notice of motion and affidavits of service to Case Center. The evidence in support of the motion shall be emailed to the trial coordination office for delivery to the judge, unless a regional practice direction provides for another method of delivery.

Counsel and parties should identify documents that have been inappropriately uploaded by opposing parties by making a “widely shared” case note in Case Center specifying the document and why it should not have been uploaded. Where a confirmation form is required for a hearing, documents that have been improperly uploaded should be noted on that form.

At a hearing, counsel and parties must use Case Center bundles and Case Center-generated page numbers when referring to documents. Counsel and parties must also use the “Direct Others to Page” function when presenting documents.

More information on how to use Case Center during a hearing can be found on the Superior Court of Justice’s website here.

When the court held a hearing using Case Center, court staff will release orders and endorsements by uploading them to the orders and endorsements bundle in Case Center.

The judge may also direct court staff to send orders and endorsements to the parties and counsel directly by mail or email.

The times for short and long motions are noted in the regional practice directions. Counsel and parties may also contact the court location to find out whether a motion will be treated as short or long.

Focused materials facilitate better hearings. Unfortunately, many filings include irrelevant or excessive material with voluminous attachments. Counsel and parties must prepare material that is focused and includes only documents directly relevant to the outstanding issues.

All documents filed for a family motion must be prepared using at least 12-point font and double spacing.

Each party is restricted to one primary affidavit in support of their position on the motion and cross-motion (if applicable) which shall not exceed: 12 pages of narrative for short or regular motions; or 20 pages of narrative for long motions.

If a party also intends to rely on an affidavit that has been previously filed with the court, that affidavit is included in the page limit.

The page limit does not include: Third party and reply affidavits, where required, which shall not exceed 5 pages each; and Affidavits relating to a party’s financial statement in accordance with Rule 13(12)(b).

Exhibits to affidavits shall be limited to the necessary and relevant evidence and should not exceed 10 pages. Counsel and parties shall not include voluminous texts, emails or social media postings. Instead, only the relevant and necessary excerpts from these communications should be attached as exhibits.

Permissible attachments (which do not count toward the page limit) include relevant excerpts from the following documents: Parenting assessments (pursuant to s. 30 of the Children’s Law Reform Act), Office of the Children’s Lawyer reports and Voice of the Child Reports; Documents establishing a child’s educational needs (for example, report cards or individual education plans); Lists of outstanding disclosure; Income or business valuations, pension valuations or real estate appraisals (where the value of property is in dispute); Proof of income for the relevant periods, including pay stubs, confirmation of benefits received or Statement of Business or Professional Activities from an income tax return; Domestic contracts, including separation agreements, marriage contracts or cohabitation agreements that are relevant to the issues in dispute.

In addition, counsel and parties should include the following documents (which do not count toward the page limit): Previous orders and endorsements that are relevant to the issues that are to be addressedin court. If the order or endorsement has already been already uploaded to Case Center in the “Orders and Endorsements” bundle, counsel and parties may simply refer to the date of the endorsement and name of the judge, and the case-generated page number; Updated Financial Statements, Net Family Property Statements/Comparative Net Family Property Statements; Litigation expert reports; Support calculations; and Terms of recognizance and police reports or reports from a children’s aid society.

The page limits do not apply to motions for summary judgment or hearings with respect to the wrongful removal or retention of a child. Additional direction regarding the materials that may be filed for these events may be available in the applicable regional practice direction.

Counsel and parties must receive permission from the court to file material beyond what this practice direction permits. The court will grant leave only in exceptional circumstances. For motion materials, leave should be sought at the case conference. Non-compliant documents will not be accepted for filing (and must not be uploaded to Case Center). Non-compliant documents will not be reviewed by the presiding judge and may result in an adjournment.

To assist the court, counsel and parties on a motion should provide a draft order listing the specific relief they are seeking with reference to the appropriate legislative authority in accordance with Form 25: Order(General). References to legislation that do not apply can be removed. Sample order clauses that can be used in the preparation of draft orders are available here. Counsel and parties should file and upload draft orders in Word format.

The following requirements apply within all judicial regions of the Ontario Superior Court of Justice for motions in family proceedings: Factums or summaries of argument are required for all long family motions (and in the Toronto Region, they are also required on short motions) unless otherwise directed by a case conference judge; No factum or summary of argument shall exceed 20 pages (double spaced and 12-point font) unless the court grants leave; and The times for service and filing of factums or summaries of argument shall be in accordance with the times for service and filing of other motions materials under the Family Law Rules, unless a region-specific practice direction states otherwise.

Each party to a motion must deliver a fully completed Form 14C: Confirmation of Motion to the court no later than 2:00 p.m. three business days before the motions, except as follows: Urgent motions brought without notice to the other party do not need to be confirmed; and Long motions must be confirmed earlier than three days in advance in several locations, as determined by the applicable regional practice direction.

Immediately after delivery, each party must upload the confirmation forms to the related event bundle in Case Center.

Form 14C Confirmations must list only the specific issues that are to be addressed at the motion and the specific materials the judge should review.

Where Form 14C Confirmation forms have not been properly completed, delivered to the court and uploaded to Case Center by the appropriate deadline by at least one party, the event will not be heard on the scheduled day without the court’s permission.

Before completing the confirmation forms, the court expects counsel and parties to communicate with each other with respect to: The event itself, in terms of the time needed and the material that the judge should review in accordance with para. 175 “Accurate Time Estimates”. Outstanding procedural issues including disclosure requests; and The issues that are to be addressed at the upcoming event, including a potential resolution of those issues on a temporary or final basis.

Counsel and parties must update the confirmation form at any time before the event if the information is no longer correct, pursuant to Family Law Rule 14(11.2).

Last minute adjournments of long motions must be avoided so that court time is not wasted.

The court strongly encourages counsel and parties to file materials for long motions in advance of the regular timelines under the Family Law Rules so the motions can proceed as scheduled. Where possible, counsel and parties should address timelines at the case conference. Regional practice directions may also include timelines for the filing of materials and confirmation of a long motion.

On a motion to change a final order or agreement, Family Court Rule 15(24.1) directs the court at the first attendance to determine the next steps in the motion, with a view to ensuring that the motion proceeds in an efficient manner.

The rule also directs the court to determine the most appropriate process for reaching a quick and just conclusion of the case if the circumstances allow.

A Motion to Change Endorsement form is available Parties are encouraged to provide a draft Motion to Change Endorsement form with their materials for their first attendance to obtain early direction regarding the appropriate process for the case.

This Part sets out presumptive modes in which court proceedings will occur: in-person, virtual or in writing. The regional practice directions contain related directives, presumptions and scheduling processes.

“Hybrid proceeding” means a proceeding in which some participants appear physically in the courtroom and others appear virtually.

“In-person proceeding” means a proceeding in which all parties, counsel and the judge appear physically in the courtroom.

“In writing proceeding” means a proceeding, generally a motion, decided on a paper record only without oral submissions.

“Virtual proceeding” means a proceeding in which all parties, counsel and the judge appear by means of an electronic platform like Zoom, telephone conference or video conference.

In applying the guidance in this Part, the court will consider the following principles:

Discretion of the court The final determination of how an event will proceed remains at the discretion of the court, notwithstanding the default presumptions set out below and in the regional practice directions. In exercising its discretion, the court will take into account the issues in dispute, the expected length of the hearing and the evidentiary record, among other matters.

Importance of in-person hearings The court will consider (1) the general principle that evidence and argument should be presented orally in open court; and (2) the importance in the circumstances of the case of observing the demeanor of a witness. In-person advocacy and participation remain an essential feature of our justice system.

Access to justice While virtual proceedings can enhance access to justice, there are significant variations in resources and technological abilities. The court must consider the needs of all participants so they can fully and equally participate.

Self-represented persons The court will consider circumstances uniquely related to self-represented persons, including the inability to obtain timely assistance from duty counsel and court staff, the need for technological supports and the inability to adequately address issues in writing.

Hybrid options The court will consider whether some parts of a proceeding should be conducted virtually and other parts conducted in person.

Impediments to a virtual hearing There may be statutory, security or other impediments to having a remote hearing, particularly in criminal cases, civil contempt hearings and other matters that deal with sensitive information (e.g. child protection cases). Moreover, a party’s or participant’s personal circumstances (e.g. disabilities or caregiver responsibilities) may make remote hearings less suitable.

The following guidelines set out the default mode of appearance for family law hearings and conferences across the province in the Superior Court of Justice. Some regions, in particular the Northwest, Northeast and those with circuiting judges, require greater flexibility in electing to hear matters virtually.

First appearances First appearance courts will be heard virtually unless the court orders otherwise. In deciding whether these attendances will be conducted other than virtually, the court will consider the availability of duty counsel and on-site mediation services.

Early or urgent case conferences and triage courts Early or urgent case conferences and early intervention courts will be held virtually unless the court orders otherwise.

Urgent motions Urgent motions will be heard virtually unless the court orders otherwise when the motion is scheduled. A party who takes the position that the urgent motion should be heard in person should include their reasons in their motion materials.

Case conferences, settlement conferences and trial management conferences Case conferences, settlement conferences and trial management conferences with a settlement focus will be held in person unless the court orders otherwise.

Trial scheduling conferences, other trial management conferences and assignment court attendances Trial scheduling conferences, trial management conferences where the focus is on preparation for trial and assignment court attendances will be heard virtually unless, at a prior conference, the Court ordered otherwise.

Motions for procedural relief and motions on consent Motions on consent, unopposed motions and simple procedural motions will be conducted in writing. More complex procedural motions will be held virtually unless the court orders otherwise.

Substantive regular/short motions Outside of Toronto and Windsor, where regular motions in family cases are heard on mixed civil and family lists, substantive motions of less than an hour will be held virtually. In Unified Family Court locations, Toronto, and Windsor, regional practice directions or notices to the profession will direct the mode of appearance for these events. All motions for contempt will be held in person.

Long motions Long motions will be held in person unless the court has agreed to a virtual attendance in advance, which will be decided at the case conference. If contempt is sought or there is a hearing alleging the wrongful removal or retention of a child, the motion will be held in person.

Trials All trials will be held in person unless all parties consent to a virtual trial and the court approves. The court may consider the option of a hybrid proceeding and whether a witness may be permitted to testify virtually by videoconference. Requests for virtual or hybrid trials will be addressed with the completion of the Trial Scheduling Endorsement Form prior to the scheduling of the trial.

First hearing where child has been brought to a place of safety (5-day hearings) 5-day hearings will be heard virtually unless the court decides that an in-person hearing is required, because of (i) parental participation in virtual hearings; and (ii) Legal Aid support.

Child protection lists or TBST appearances Child protection lists or To Be Spoken To appearances will be held virtually unless the court decides that an in-person hearing is required, because of (i) parental participation in virtual hearings; and (ii) Legal Aid support.

Settlement conferences and trial management conferences Settlement conferences and trial management conferences with a settlement focus will be held in person unless the court orders otherwise.

Trial scheduling conferences, other trial management conferences and assignment court attendances Trial scheduling conferences, trial management conferences where the focus is on preparation for trial and assignment court attendances (where required) will be held virtually unless, at a prior conference, the court has specified a different method of attendance.

Motions on consent and motions for procedural relief only (including 14B motions) Motions on consent, unopposed motions or simple procedural motions will be conducted in writing. More complex procedural motions will be held virtually unless the court orders otherwise.

Substantive/regular short motions Regional practice directions or notices to the profession will direct the mode of appearance for these attendances.

Long motions including summary judgment motions and temporary care and custody hearings Long motions, including summary judgment motions, and temporary care and custody hearings will be held in person unless the court has agreed to a virtual attendance in advance, which requests should be raised at a prior court attendance.

Trials Trials will be held in person unless all parties consent to a virtual trial and the court approves. The Court may consider the option of a hybrid proceeding and whether a witness may be permitted to testify virtually by videoconference. Requests for virtual or hybrid trials will be addressed when the Trial Scheduling Endorsement Form is completed, prior to the scheduling of the trial.

Family Responsibility Office matters All Family Responsibility Office matters will be heard in person unless the court orders otherwise.

Refraining motions Refraining motions that are not held on regular FRO sittings at Unified Family Court locations, including those held in generalist locations, will be held virtually unless the court orders otherwise.

Dispute resolution conferences All Dispute Resolution Conferences will continue to be held by videoconference.

To ensure virtual hearings run smoothly, participants should consult the court’s guidance (including testing internet connectivity and having a charger available during the hearing).

All participants and members of the public in a virtual hearing must conduct themselves as if they were physically in the courtroom and must observe the Virtual Courtroom Etiquette Rules.

To improve the quality of the court recording, participants should: Mute themselves when not addressing the court to prevent audio distortion; Have necessary documents ready in advance and not shuffle papers near the microphone; Avoid putting the teleconference line on hold as it causes a loud beeping sound in the main conference; and Avoid using speaker phone when dialing-in as it may cause audio quality issues.

Members of the public and media may consult the court's direction on access to virtual court hearings here.

Certain proceedings, such as conferences involving settlement discussions or child protection orders, may be closed to the media and the public by legislation or court order.

Participants and observers shall not record, take photos, screen capture, broadcast or livestream any part of a court proceeding unless it is expressly authorized by the presiding judicial official. It is an offence under s. 136 of the Courts of Justice Act to do so and violators may also be charged with an offence under the Criminal Code.

Disruptive conduct during a virtual court hearing may be an offence under the Criminal Codeor may constitute contempt of court (e.g. racist comments or threats to harm a person).

The court expects parties to exchange full and frank financial disclosure as early as possible to avoid unnecessary delay and expense. The parties shall make reasonable efforts to provide this disclosure to the other party in advance of the case conference.

Rule 13(3.1) of the Family Law Rules addresses the documents that must be included with a party’s financial statement where child or spousal support has been sought. A party should provide an updated Certificate of Financial Disclosure (Form 13A) to the other party with this documentation.

If disclosure cannot be resolved prior to the case conference, the party seeking disclosure must include in their materials a list of the outstanding disclosure in accordance with Rule 13(11.01) of the Family Law Rules.

The court may award costs pursuant to Rules 17(18) or 24(7) where a party has failed to comply with their disclosure obligations.

Counsel and parties should address all disclosure issues in advance of the settlement conference. Any motions for disclosure must be heard in advance of the settlement conference.

More information about financial statementsand the documents that shall be exchanged to support a financial statement is available here.

Rule 8.0.1 of the Family Law Rulesdirects the court to issue an automatic order when certain claims are made in an Application, Motion to Change or Answer. This order requires parties to comply with their financial disclosure responsibilities.

The party who receives automatic order from the court must serve the order on every other party in the case according to Rule 8.0.1(5).

A party who has not made all reasonable efforts to comply with their disclosure obligations in advance of the case conference may be responsible for the other party’s costs.

Upon filing the originating materials, parties will receive a reminder to attend a Mandatory Information Program (Rule 8.1) and to provide an updated email address on all court documents.

Focused materials facilitate better conferences. Unfortunately, many filings include irrelevant or excessive material with voluminous attachments. Counsel and parties must prepare material that is focused and includes only documents directly relevant to the outstanding issues.

All documents filed for a family conference or motion must be prepared using at least 12-point font and double spacing.

Case conference briefs shall not exceed 8 pages, pluspermissible attachments (as defined below) and additional documents that are required below or by the Family Law Rules. The 8-page limit includes the brief (Form 17A) and any additional pages of facts or argument attached an appendix or schedule.

Settlement conference briefs shall not exceed 12 pages, plus permissible attachments (as defined below) and additional documents that are required below or by theFamily Law Rules. The 12-page limit includes the brief itself (Form 17C) and any additional pages of facts or argument attached as an appendix or schedule.

Pursuant to Rule 17(13)(4), trial management conference briefs should not be filed in advance of a trial management conference. Instead, counsel and parties must file the completed trial scheduling endorsement form and additional documents in accordance with this rule.

In preparing conference briefs, counsel and parties may remove portions of the form not applicable to their situation (for example, the parenting sections where there are no parenting issues in dispute).

Permissible attachments should only include relevant excerptsfrom the following documents, which are not included in the page limits: Parenting assessments (pursuant to s. 30 of the Children’s Law Reform Act), Office of the Children’s Lawyer reports, and Voice of the Child Reports; Documents establishing a child’s educational needs (for example, report cards or individual education plans); Lists of outstanding disclosure; Income or business valuations, pension valuations or real estate appraisals (where the value of property is in dispute); Proof of income for the relevant period(s) including pay stubs, confirmation of benefits received or Statement of Business or Professional Activities from an income tax return; and Domestic contracts, including separation agreements, marriage contracts or cohabitation agreements that are relevant to the issues in dispute.

Parties should also include the following documents, which arenot included in the page limits: Previous orders and endorsements that are relevant to the issues that are to be addressedat the event. If the order or endorsement has already been already uploaded to Case Center in the “Orders and Endorsements” bundle, counsel and parties may merely refer to the date of the endorsement and name of the judge, and the case-generated page number; Updated Financial Statements, Net Family Property Statements/Comparative Net Family Property Statements; Litigation expert reports; Support calculations; and Terms of recognizance and police reports or reports from a children’s aid society

Counsel and parties shall notinclude voluminous texts, emails or social media postings as attachments. Only the relevant and necessary excerpts from these communications should be referred to in the conference brief itself.

Counsel and parties must receive leave from the court to file material beyond what is permitted in this practice direction. The court will grant leave only in exceptional circumstances. Court documents which do not comply with these restrictions will not be accepted for filing (and shall not be uploaded to Case Center). Non-compliant documents will not be reviewed by the presiding judge and may result in an adjournment.

Rules 17(3.1) and 17(3.3) of the Family Law Rulesprovide that, before a conference, parties are to confer or, if unable to do so, make best efforts to confer about (i) each party’s outstanding requests for financial disclosure, (ii) any other procedural matters that need to be addressed, and (iii) a resolution of the outstanding issues.

Parties are exempted from this requirement if they are prohibited from such communication by court order or terms of recognizance, or if there are concerns about family violence and the alleged abusive party is not represented by a lawyer.

The court expects the parties to identify areas of agreement arising from these discussions at the outset of each conference.

Failure to confer prior to a conference could result in a postponement of the conference and an order for costs.

Each party to a conference must deliver to the court a fully completed Form 17F (Confirmation of Conference) no later than 2:00pm three business days before the conference.

Immediately after delivery, each party must upload the confirmation forms to the related event bundle in Case Center.

Form 17F Confirmations must list only the specific issues that are to be addressed at that conference and the specific materials that the judge should review.

Where Form 17F Confirmation forms have not been properly completed, delivered to the court and uploaded to Case Center by the appropriate deadline by at least one party, the conference will not be heard on the scheduled day without the court’s permission.

Before completing the confirmation forms, the court expects counsel and parties to communicate with each other with respect to: The event itself, in terms of the time needed, and the material that should be reviewed by the judge; Outstanding procedural issues including disclosure requests; and The issues that are to be addressed at the upcoming event, including a potential resolution of those issues on a temporary or final basis.

Parties are exempted from the requirement to confer prior to a conference if they are prohibited from such communication by court order or terms of recognizance, or there are concerns about family violence and the alleged abusive party is not represented by counsel.

Counsel and parties must update the confirmation form at any time before the event if the information is no longer correct, pursuant to Rule 17(14.1.1).

Access to an early attendance before a judge can help the parties to (i) put temporary arrangements in place to avoid the need for a motion; and (ii) obtain procedural directions including determining next step and whether part of the case needs to be expedited. In many centres in Ontario, these issues can be canvassed at a case conference within a month-and-a-half of the start of the case.

Where caseload pressure does not allow the court to provide an early case conference, several court locations are providing an opportunity for litigants to seek the court’s assistance to address limited issues at an early, brief attendance (15-20 minutes).

Regional practice directions or notices to the profession will provide further direction regarding: The availability of early, brief attendances; The limited materials that can be filed for these attendances; Limits that apply to the number of issues that can be raised; and How these attendances should be scheduled.

The court, counsel and the parties must take a proactive approach to controlling the trajectory of family cases. Counsel and the parties are encouraged to seek procedural direction at any subsequent attendances pursuant to Rules 1(7.2) and 17(8) in order to address specific roadblocks (e.g. financial disclosure) and ensure the most proportionate process for the case. In some circumstances, where resolution efforts are proving unsuccessful, this can include requests to move the matter to conclusion by way of a trial or other hearing.

Recognizing that many separating families will attempt another form of dispute resolution prior to seeking relief from the court, parties can request the court’s permission to move directly to a combined case conference/settlement conference as the first step in the case.

Rule 17(7.1) allows parties to make this request after they have tried to resolve the issues that are in dispute through mediation or a Legal Aid Ontario settlement conference, provided the parties confirm: The dispute resolution process included a screening for power imbalances and domestic violence; No motions for a temporary order in the case are pending or are contemplated; and Financial disclosure has been provided.

Counsel or parties make this request by filing a Form 14B: Motion and a Form 17G: Certificate of Dispute Resolution from each party addressing the above requirements.

If the court grants permission, the parties are expected to comply with all requirements relating to a settlement conference, including filing a Form 17C: Settlement Conference Brief and any additional documentation (for example, a Net Family Property Statement, Comparative Net Family Statement, litigation expert reports or Offers to Settle).

In addition to requests that are made pursuant to Rule 17(7.1), pursuant to this Practice Direction, where both parties consent to this process, they can request the Court’s permission to proceed directly to a combined case conference/settlement conference if they have participated in another dispute resolution process (for example collaborative family law) and also if (i) there are no outstanding temporary issues requiring a motion and (ii) financial disclosure has been provided.

Counsel or parties make this request by filing a Form 14B: Motion and a Form 17G: Certificate of Dispute Resolution from each party with any necessary revisions.

The settlement conference is an important step in family cases. The primary purpose of the settlement conference is to settle or narrow the issues in dispute.

Pursuant to Rule 17(5)(g), if the case is not settled at the settlement conference, one of the additional purposes of the conference is to identify the witnesses and other evidence to be presented at trial, estimate the time needed for trial and, where appropriate, to schedule the case for trial.

If the case has not settled at the conclusion of the settlement conference, the court shall determine if the Trial Scheduling Endorsement Form can be completed at the conference or shortly afterwards and shall give directions to the parties regarding the completion of this form.

If necessary, the court may require the parties to attend a trial scheduling conference to ensure proper completion of the Trial Scheduling Endorsement Form. Each party shall file their portion of the Trial Scheduling Endorsement Form with the court in advance of a trial scheduling conference in accordance with the timelines in Rule 17(13.1), unless the court orders otherwise.

The purposes of a trial scheduling conference include (i) ensuring that the case is ready to proceed to trial; (ii) considering each party’s list of proposed witnesses; and (iii) ensuring the accuracy of the estimated time for trial. Consideration should also be given to other conditions that would be appropriate under Rule 1(7.2) to limit the duration of the trial.

A trial date will not be available until the court has reviewed and endorsed the complete Trial Scheduling Endorsement Form.

In exceptional circumstances, the court may set a trial date before the court has endorsed the complete Trial Scheduling Endorsement form. Where this has occurred, the form must be finalized no later than 60 days before the trial to retain the scheduled date.

A trial management conference should be held in all family cases that have not been resolved at or before the settlement conference.

Form 17E: Trial Management Conference Brief is no longer required for trial management conferences. Instead, the following documents must be filed in advance of the trial management conference by the deadlines set out in Rule 17(13.1): The completed Trial Scheduling Endorsement Formmust be filed and uploaded in Word format by either the Applicant or the party who requested the conference; Each party must file an offer to settle all outstanding issues; and Each party must file an outline of their opening statement for trial.

The completed Trial Scheduling Endorsement Form shall be filed with or added to the Trial Record Case Center bundle. No offers to settle should be included in the Trial Record.

Attendance at an assignment court or similar scheduling event is not necessary where a trial management conference has occurred and the court has confirmed the trial date.

Where the parties have settled the case and the trial is no longer necessary, one of the parties shall immediately advise the Trial Coordinator so that the trial date can be vacated. The parties shall file a copy of any Minutes of Settlement or consent at the same time.

This Practice Direction applies to allDispute Resolution Officer (DRO) programs in the Ontario Superior Court of Justice.

DRO programs are available in Kingston, Durham, Newmarket, Barrie, Toronto, Brampton, Milton, St. Catharines, Hamilton, Welland, Kitchener and London.

DROs are senior family lawyers named by the regional senior judge to conduct select family case conferences. DRO conferences provide litigants in family proceedings with an early evaluation of their case by a neutral third party. This service often narrows the issues in dispute and facilitates settlement.

DROs must be named by the regional senior judge, pursuant to Rule 17(9) of the Family Law Rules.

DROs shall: Conduct all first case conferences for motions to change under Rule 15; and Complete a “Screening Report” after the conclusion of each DRO case conference, which will be included in the court file.

DROs may: Conduct first case conferences on proceedings other than motions to change, if scheduled by the court; Attempt to identify, resolve or settle outstanding issues on consent; Assist parties to organize their issues and disclosure documents so that parties are ready to go before a judge; or Assist parties in obtaining a signed consent order from a judge, where the parties have consented in writing at the DRO Case Conference.

DROs shall not: Write consents or draft orders on behalf of parties; Make orders, on consent or otherwise; or Award costs.

Rule 17 applies to case conferences including those heard by a DRO pursuant to Rule 17(9).

Parties attending a dispute resolution conference (DRC) must comply with the document requirements under Rule 17, including advance filing of: a Form 17A: Case Conference Brief, which on a motion to change should include: a copy of the previous order that is the subject of the motion to change; documentation supporting the “change in circumstance”; and a description of the change being sought. The deadline for serving and filing Form 17A prior to the DRC is 6 business days for the applicant/moving party, and four business days for the respondent. A form 17F: Confirmation Form must also be filed not later than 2:00 pm three business days prior to the date scheduled for the DRC. Parties must upload their stamped court documents into the appropriate Case Center bundle promptly (a) after receiving confirmation from the court that the documents have been accepted for filing; or (b) with respect to a new case, after receiving an invitation to the Case Center case and bundles. Failure to comply with this direction may result in the matter being adjourned.

At minimum, DRO Screening Reports shall include the following information: Name of the DRO; Whether parties had representation; Whether the matter scheduled before the DRO was a case conference on a motion to change, an application or another proceeding; Indication of the outcome of the DRC as one of: (1) fully settled, (2) partially settled, (3) only disclosure, procedural issues or meaningful progress, (4) no resolution or progress; Identification of any issues resolved and/or agreed upon for consideration by a judge; Identification of any outstanding issues if not fully settled or withdrawn; Timelines for matters that must be completed (i.e. disclosure by certain dates) by the parties, if issues were not resolved during the DRC; and Indication of whether the conduct of any party has frustrated the objectives of the DRC.

A judge presiding at a subsequent court event for the parties may rely on the DRO’s Conference Report, after hearing submissions on the issues, in determining if costs are appropriate.

Wherever possible, on each DRC date, at least one judge will be available to review any consent orders, minutes of settlement or temporary orders arising out of the DRCs. When the parties reach a settlement at the end of a DRC, all efforts will be made to ensure a judicial response on the same day.

Upon completion of a DRC, parties shall be permitted to schedule as a next step: Another case conference in front of a DRO; A case conference in front of a judge; or A settlement conference in front of a judge.

Parties attending DRCs should consult their courthouse for any specific local procedures.

Counsel or parties who wish to make a complaint about a Dispute Resolution Officer (“DRO”) Lawyer may bring it to the attention of the Regional Senior Judge (“RSJ”) for the region where the conference occurred. The RSJ has a duty to ensure the quality of the DRO program.

The RSJ’s authority is limited to making sure the DRO program is working well and meeting its objectives. The RSJ will review the complaint to identify potential improvements to the DRO program, manage the panel of DRO lawyers in that location, and take any other appropriate steps.

The complaint should be sent by email to the Trial Coordinator’s Office at the court location where the event took place. You can find the email addresses in the court’s Regional Practice Directions.

If counsel or parties have concerns about the DRO conference that they believe may affect the advancement of the case itself, they may raise them with the judge or associate judge at the next court appearance, on notice to all the parties.

When addressing a parenting issue under Part II of the Children’s Law Reform Act, the court shall consider whether to restrict the publication of information that would identify an individual if the information is sensitive or if doing so would cause physical, mental or emotional harm to the individual.

Under s. 137 of the Courts of Justice Act, the public is entitled to access any document filed in a civil court proceeding, including a family proceeding, unless an Act or court order provides otherwise.

Rule 1.3 of the Family Law Rules requires a member of the public to give 10 days’ written notice to the parties before the member of the public may access a family court file involving: Decision-making responsibility, parenting time or contact with respect to a child under the Divorce Actor Part III of the Children’s Law Reform Act; Orders under Part I of the Children’s Law Reform Act(parentage); or International child abduction.

The member of the public must also send notice to the Children’s Lawyer if the Children’s Lawyer is representing a child in the case or conducting an investigation for the court.

After receiving notice, a party who wishes to restrict access to the file has 10 days to file a 14B motion. If such a motion is brought, court staff may refuse the requested access until the court decides the motion.

Before the member of the public is granted access to the file, they must file an affidavit (Form 14A) confirming 1) the date on which they gave notice under Rule 1.3, to whom and by what method; and 2) that they have not been served with a motion for a restricted access order.

The following persons are exempt from the notice requirement under Family Court Rule 1.3: A party or their counsel; A person authorized in writing by a party or the party’s counsel; The Director of the Family Responsibility Office; The Children’s Lawyer; A children’s aid society; Legal Aid Ontario; A recipient, or an agency referred to in clause (b) or (c) of the definition of “recipient” in Rule 2(1) when attempting to determine whether it is a recipient (i.e. Ontario Works or ODSP); A Crown Attorney, Assistant Crown Attorney, or Deputy Crown Attorney; A police officer, First Nations constable, or officer of the Royal Canadian Mounted Police, when acting in the course of their duties; and A service provider within the meaning of s. 149 of the Courts of Justice Act (e.g. court-connected mediation service providers).

More information about accessing family court files is on the Ministry of the Attorney General’s website here.

On January 22, 2025, the Family Law Rules were amended to add Rule 43: Binding Judicial Dispute Resolution in the Superior Court of Justice. Rule 43 replaces the Practice Advisory Concerning the Superior Court of Justice’s Binding Judicial Dispute Resolution Pilot Project (introduced on May 14, 2021) which is no longer in effect.

Rule 43 allows parties to choose a Binding Judicial Dispute Resolution (JDR) as a summary process to resolve a family dispute instead of a trial. Through Binding JDR, parties ask the same judge to assist in settling their issues on consent and to make final orders about unresolved issues in a single hearing. Prior to the Binding JDR proceeding, the parties must sign a request and consent form and obtain the approval of the court.

A Binding JDR hearing includes both settlement and adjudication. The judge conducting the Binding JDR hearing will explore possibilities for resolution with the parties. As in any court proceeding, the judge conducting the Binding JDR hearing has an oversight role and must approve any terms of settlement.

For issues that cannot be resolved on consent, the judge will hear submissions from the parties about the orders they seek. The judge may ask the parties questions and request additional information, if necessary, to reach an informed and fair decision. The parties do not have an automatic right to call or cross-examine witnesses at a Binding JDR hearing.

At the conclusion of the Binding JDR hearing, the judge will provide a final order on the issues, including those that have been resolved on consent.

Rule 43 applies in Superior Court of Justice locations (including in the unified Family Court) that have been approved by the Chief Justice of the Superior Court of Justice. To date, this includes: the East, Central East, Central South, Northeast, Northwest and Toronto Regionsand Middlesex County (London).

Rule 43 contains more information about Binding JDR, how to request and schedule a hearing, how to file evidence for the hearing and what parties can expect at a Binding JDR hearing. The forms for requesting and participating in a Binding JDR hearing are available on the Ontario Court Forms website: Form 43: Binding Judicial Dispute Resolution Hearing Request and Consent Form 43A: Binding Judicial Dispute Resolution Hearing Request and Consent – Office of the Children’s Lawyer Form 43B: Affidavit for Binding Judicial Dispute Resolution Hearing Form 43C: Confirmation of Binding Judicial Dispute Resolution Hearing

Court programs facilitating early resolution of parenting and financial disputes include:

Local family law, separation, and divorce resources Parties are encouraged to access parenting education programs, counselling services, supervised contact/parenting time, parenting coordination and other related services. Information about these services is available through the court’s Family Law Information Centre.

Mandatory Information Programs (MIP) Pursuant to Rule 8.1 of the Family Law Rules, parties must attend a Mandatory Information Program (MIP) at an early stage of the proceeding, with limited exceptions. Virtual MIPs are available in centres across Ontario. Information about how to register for the MIP is available through the court’s Family Law Information Centre.

Mediation Affordable, court-connected mediation services are available at all Superior Courts. Contact information for local mediators is available here. Referrals to private family mediation services are also available through professional organizations such as OAFM and FDRIO. Parties are encouraged to consider using family mediation services to resolve their disputes. Parties should contact their local mediation service-provider for more information including whether mediation is appropriate in the circumstances.

Family Court Support Workers Family Court Support Workers provide direct support to victims of family violence who are involved in the family court process.

Indigenous Family Court Workers Indigenous Family Court Workers assist separating couples who are Indigenous and Indigenous families dealing with child welfare matters.

The court recommends self-represented persons seek legal advice in advance of a court attendance to help understand how the law applies to them.

For parties who qualify financially, assistance may be available from Legal Aid Ontario (1-800-668-8258 or legalaid.on.ca/services/family-legal-issues/) or Pro Bono Students Canada’s Family Justice Centre (https://www.probonostudents.ca/family-justice-centre).

Legal assistance may also be available at reduced rates through JusticeNet (justicenet.ca/how-to-find-a-professional/). Family law services are also available on an unbundled basis from lawyers across Ontario through the Family Law Limited Scope Serviceproject (www.familylawlssp.ca) and, in Toronto, through the Advice and Settlement Counsel Project (www.ascfamily.com).

In Unified Family Court locations, assistance may also be available on the day of court from Duty Counsel. Parties who may qualify financially are encouraged to contact Legal Aid Ontario (1-800-668-8258 or legalaid.on.ca/services/family-legal-issues/) in advance to request Duty Counsel services.

The Law Society of Ontario also offers the online Law Society Referral Service(https://lsrs.lso.ca/lsrs/welcome). The service can give parties the name of a lawyer who will provide a free initial consultation up to 30 minutes. Normal fees will apply if the party chooses to retain the lawyer.

To help facilitate the delivery of affordable family law services, effective January 17, 2022, lawyer candidates may appear on certain events in a family law case without needing advance permission from the court as required by Rule 4(1)(c).

The following lawyer candidates may appear under the pilot: Articling students; Law Practice Program students; Students who are completing a work term through an approved Integrated Practice Curriculum (currently, Lakehead University and Toronto Metropolitan University); and Lawyer candidates who have not yet been called to the bar but have a Law Society-approved supervision agreement in place with a licensed lawyer.

The scope of attendances included in the pilot is available here.

Lawyer candidates who are authorized to appear under the pilot must (i) be prepared with full instructions for all matters that are expected to be addressed at the attendance; and (ii) be appropriately supervised by a lawyer in their firm. A supervising lawyer with knowledge of the matter must be available on-call to assist with the matter at the request of the presiding judge.

More details about the requirements relating to the pilot are available at Rights of Appearance | Law Society of Ontario (lso.ca).

The court expects counsel and parties to provide accurate estimates of the time they will require for oral argument. They must give careful consideration to what must be covered in the hearing, including: The number of issues that can properly be dealt with in oral argument; The pace at which documents and authorities can reasonably be reviewed; and The number of authorities actually required to establish the party’s legal propositions.

Inaccurate estimates of time may result in the court adjourning the case (before or during the hearing) and rescheduling it with a realistic time estimate and no expedition of the new date. There may also be cost consequences.

When the court sets a date for a hearing, the hearing is expected to take place on that date.

By agreeing to a hearing date, counsel or parties are presumed to have committed to the date and shall avoid other commitments that would make their appearance impossible.

When agreeing to a hearing date, counsel and parties have a duty to disclose previous commitments that pose a conflict.

Counsel and parties must succinctly make their entire argument during the oral hearing. They must bring all material facts and authorities upon which they rely to the attention of the court. It is not sufficient to merely upload materials to Case Center.

Materials not brought to the attention of the court at the hearing may not be considered. Judicial officers’ judgment writing time is not sufficient for it to be used as an extension of the time allocated to counsel for oral argument.

In several regions, counsel and parties routinely adjourn events on short notice. These adjournments disrupt court scheduling and operations. For this reason, some regions have specific policies requiring the court’s permission for adjournments, even on consent.

In all regions, the court expects counsel and parties to confer with each other so that events can proceed as scheduled.

Where a matter is adjourned because a party has failed to prepare, the court may make a costs order against the party pursuant to Rules 17(18) or 24(7).

A factum should only include cases that counsel or the party intends to refer to in oral argument.

A factum must hyperlink authorities to a publicly accessible website whenever the authorities are available on such a website (e.g. CanLII).

A factum must include paragraph references for each case citation, with hyperlinks to the applicable paragraph. A factum must use neutral citations whenever they are available (e.g. 2010 ONSC 1).

When a factum contains hyperlinks to a publicly accessible website for all authorities, a book of authorities is not necessary.

A book of authorities must be filed online in PDF format. The book of authorities must include a table of contents with internal hyperlinks to the texts contained within it.

Authorities available on a publicly accessible website shall be provided only as links in the table of contents to the website.

A book of authorities shall contain texts that are not available on a publicly accessible website, such as (1) unreported decisions, (2) excerpts from textbooks and (3) decisions only available on approved private electronic databases. “Approved private electronic databases” are private databases that are dedicated to the publication of judicial decisions (e.g. LexisNexis Quicklaw and Westlaw). In Family matters, the book of authorities shall include the full text of all authorities it contains, unless the court orders otherwise.

Judicial decisions posted on electronic databases may be subject to editing within a few days of the initial posting. As a result, counsel and parties should provide the date that they obtained a decision from an electronic database as part of the citation information and verify that the decision has not been amended.

The Superior Court of Justice’s gowning requirements for counsel are here.

Counsel must gown for a virtual proceeding that would require gowning if conducted in person.

Gowning requirements apply regardless of whether the presiding judicial officer is a judge or an associate judge.

Counsel with personal circumstances (including pregnancy, a medical condition or disability) may modify the traditional court attire to accommodate their personal circumstances, including dispensing with a waistcoat and tabs. Modified attire must be dark in colour and consistent with court decorum.

Counsel wearing modified attire should advise the court registrar before the opening of court that they are dressed in accordance with this practice direction. This notice ensures that counsel do not need to discuss their personal circumstances or modified attire in open court.

A request for an official transcript of a court proceeding may be made by following the procedure set out on the Ministry of the Attorney General’s website.

If the authorized court transcriptionist is unable to access the recording to make a transcript, any person may make a motion to the presiding judicial officer to request access.

Unless a judge orders otherwise, no transcripts are available to anyone, including the parties, for case management, settlement and trial management conferences.

When the public is excluded from court proceedings (known as in cameraproceedings), the public shall not have access to records relating to that portion of the proceedings, except by court order.

Information on accessing digital recordings is here.

Information on the rules relating to the use of electronic devices in the courtroom is here.

This section governs all applications or motions for discretionary publication bans. It does not apply to publication bans mandated by statute (i.e. those operating automatically by statute or that a statute provides are mandatory on request).

Unless the court orders otherwise, a person seeking a discretionary order restricting publication of a Superior Court of Justice proceeding must serve and file a notice of motion or notice of application and any supporting materials, in accordance with the applicable procedural rules.

Unless the court orders otherwise, the person seeking the publication ban (the requesting party) must provide notice to the media by completing and submitting a Notice of Request for Publication Ban.

The notice period for submitting a Notice of Request for Publication Ban is the same as the notice period under the applicable procedural rules for serving and filing a notice of motion.

The information in the Notice of Request for Publication Ban will be distributed electronically to members of the media who have subscribed to receive notice of all publication ban applications/motions in the Superior Court of Justice.

The court may require the requesting party to produce a copy of the Notice of Request for Publication Ban at the hearing of the application/motion to establish there was proper notice to the media.

Any member of the media who wishes to receive copies of the notices prepared under this section may submit a requestthrough the Superior Court of Justice’s website.

Counsel and parties should address judges and associate judges in English as “Your Honour” and in French as “Votre Honneur.”

Judgments, endorsements and orders are effective as of the date the court makes them unless the judgment, endorsement or order states otherwise.

Where a draft order is submitted online for issuing and entering, the registrar can electronically issue the order and email it to the requesting party. Attending in person at the court counter to have an order issued and entered is not recommended unless there is urgency.

An issued and entered order is required for an appeal to the Court of Appeal for Ontario or the Divisional Court.

If a judicial officer does not release a decision or endorsement within the timeframe provided by the judicial officer or as required under s. 123 of the Courts of Justice Act, and if the parties have not been advised that the Regional Senior Judge or Chief Justice has granted an extension, counsel or parties should make reasonable inquiries with the appropriate court office. If, after reasonable inquiries, the decision is still not released and no extension or explanation is forthcoming, counsel and parties are advised to write to the Regional Senior Judge.

Maintaining the integrity of the justice system is the shared responsibility of all justice sector participants. As officers of the court, lawyers and Family Legal Service Providers (“FLSPs”) play a pronounced role in ensuring its fair and proper administration. Without exception, however, it is the responsibility of all counsel, FLSPs, and litigants to guarantee accuracy when preparing materials for use in court proceedings, and particularly when using AI, regardless of whether they directly interacted with the technology. The misuse of AI is detrimental to the justice system and can occur in any number of ways. Most often, it occurs when counsel, FLSPs or litigants carelessly rely on fictitious authorities generated by AI, commonly referred to as "hallucinations". Hallucinations can consist of non-existent cases, mischaracterizations of case law, and fabricated quotations. To avoid these risks, counsel, FLSPs and litigants must exercise careful, informed, and ongoing oversight at all times when they or their staff use AI for court proceedings. The court will not tolerate inadvertence in this regard.

The court directs counsel, FLSPs and litigants to consider the following, as applicable, when using AI for court proceedings:

The Law Society of Ontario’s Rules of Professional Conduct. Counsel and FLSPs are reminded that their use of AI for court proceedings must comply with their professional duties and ethical obligations set out in Law Society of Ontario’s Rules of Professional Conduct and Complete Paralegal Rules of Conduct. The LSO Futures Committee’s White Paper (April 2024) on licensees’ use of generative AI offers guidance on how the Rules of Professional Conduct apply when legal services are delivered with the assistance of AI.

Use authoritative sources to verify citations. AI-generated references may include incorrect or fictitious legal authorities. All legal information obtained using the assistance of AI must be verified against trusted and authoritative sources.

Comply with obligations under the Consolidated Provincial Practice Direction for Family Proceedings to hyperlink cases to published websites when submitting factums, summaries of argument, compendiums and books of authorities. Each party’s factum or summary of argument shall hyperlink authorities to a publicly available, free website such as CanLII, whenever they are available on such a website (Consolidated Provincial Practice Directions for Family Proceedings, Part I F2(c)). Each time a case is cited in the factum or summary of argument, it must include a paragraph reference to the case, with the applicable paragraph also hyperlinked (Consolidated Provincial Practice Directions for Family Proceedings, Part I F2C (f)). Where a party files an electronic book of authorities, authorities that are available on a free public website such as CanLII shall be linked from the table of contents only. Authorities that are not available on a free public website, such as unreported decisions, decisions only available on approved private electronic databases (e.g., databases that are dedicated to the publication of judicial decisions (e.g., LexisNexis Quicklaw and Westlaw)), and excerpts from textbooks, shall be included in full. The book of authorities shall have a table of contents that has internal hyperlinks to the cases and textbook excerpts contained within it (Consolidated Provincial Practice Directions for Family Proceedings, Part I F2(d)).

The court has a range of powers to ensure that counsel, FLSPs and litigants comply with their duties to the court. Where those duties are not complied with, the court’s powers include, but are not limited to, public reprimand of the counsel, FLSPs, or litigant, ordering costs, fines and/or penalties, adjourning or dismissing, as the case may be, a hearing, motion, conference or case, the initiation of contempt proceedings, and in regards to counsel and FLSPs, referral to the Law Society of Ontario. In each instance, the court’s response will depend on the specific facts and circumstances of the case.

Geoffrey B. Morawetz

Chief Justice

Ontario Superior Court of Justice

Date March 17, 2026