Official guidance Government guide

Family court trial — Guide to procedures in family court

Ontario Ministry of the Attorney General

Source sectionFamily trial preparation; trial record; evidence and hearing sequence

Source checked2026-08-07

VersionUpdated March 19, 2025

Related explanation

Process

Family court trials

Court: Ontario family courts — court-specific procedure may differ

A trial is the final evidentiary hearing where unresolved issues are decided after the parties present admissible evidence and legal argument.

A family trial is not simply a longer conference or motion. Witnesses give evidence, documents and other exhibits are introduced according to the rules, witnesses can be cross-examined, and each party makes submissions about the law and the result the court should order. The judge then decides the unresolved issues on the trial record.

Trial preparation begins well before the hearing date. The issues must be narrowed, disclosure completed, witnesses identified, exhibits organized and the required trial record or other materials prepared. Trial management directions and endorsements should be treated as part of the governing timetable for that particular case.

Source summary

What this source covers

Ontario’s procedural guide explains the family-court trial stage, including preparation, trial records, evidence and what happens at the hearing.

Key points

Trial is the final hearing of unresolved issues

At trial the court hears the evidence and legal positions needed to decide issues that have not otherwise been resolved.

Trial preparation starts before the trial date

Trial records, witnesses, documents and other required material are prepared under the Rules and any trial scheduling directions.

Evidence has rules

Documents and witnesses are not automatically evidence merely because they exist in a file. Trial evidence must be presented in a way permitted by the applicable rules and court directions.

For exact wording, dates, exceptions and current requirements, read the original source. Binding law and court directions take priority over explanatory material.

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Law and rules

Related official provisions

Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings

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.

Ontario Superior Court of JusticeSuperior Court of Justice — province-wide

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Binding law / official textCentral East Region Practice Direction

Rule 57.01 — (6) of the Rules of Civil Procedure requires that, unless the parties have agreed on costs: “every party who intends to seek costs for that step shall give to every other party involved in the same step, and bring to the hearing, a costs outline (Form 57B) not exceeding three pages in length.”

This permits the presiding judge, where feasible, to summarily determine the issue of costs. The overriding principle is that “the court shall devise and adopt the simplest, least expensive, and most expeditious process for fixing costs…” Rule 57.01(7). C. Civil Case Conferences Counsel may request a civil conference with a Judge pursuant to Rule 50.13. A completed Civil Conference Request Form requesting a case conference before a Judge may be sent to CERcivilappointments@ontario.ca . These conferences are ONLY for procedural matters and will not last more than 30 minutes. The time limit will be strictly enforced. The conference may be by telephone or virtually, at the discretion of the Judge. The form must be fully completed, and the terms of the form complied with to be considered. NOTE: Rule 50.13 does not apply to actions governed by the Construction Act: O. Reg. 302/18, s. 10(9). A matter will not be added to the running list or be given a fixed date unless all motion material including responding and reply materials, facta, and compendiums have been filed. D.…

Ontario Superior Court of JusticeSuperior Court of Justice — Central East

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Binding law / official textConsolidated Provincial Practice Direction for Family Proceedings

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

Ontario Superior Court of JusticeSuperior Court of Justice — province-wide

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Binding law / official textCentral East Region Practice Direction

Rule 7 — of the Rules of Civil Procedure addresses the approval of proposed settlements for parties under disability. In the Central East Region, Rule 7 motions and applications should be submitted as in-writing motions through the filing office. It is the responsibility of counsel to clearly indicate that a motion or application falls under Rule. If counsel and parties wish to have their Rule 7 motion heard in person, they should send an email to the local Trial Coordinator, who will then forward the request to the respective judge.

Uploading to Case Center is NOT required for in-writing Rule 7 motions. 4. Consent, Without Notice, and Unopposed Motions (Basket Motions) Simple, procedural, consent, and uncontested matters must be brought as a basket motion. A draft Order must be filed in Word and PDF format. Where these motions are brought on a regular or short motions list, the motion judge will direct the party to file the “basket motion” and may make a cost award against the party bringing the regular motion. All basket motions in writing must be filed with the court office in accordance with the filing requirements above and payment of the applicable filing fee being made. They will be put before a judge in chambers for review in the normal course. Basket motions may not be “filed” by delivering them to the Trial Co-ordinator for a judge to review, or by sending them by email or otherwise directly to a judge of the court. Uploading to Case Center is NOT required for basket motions .…

Ontario Superior Court of JusticeSuperior Court of Justice — Central East

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Binding law / official textToronto Region Practice Direction

Rule 57.01 — (6) requires that every party who intends to seek costs of a proceeding must serve and bring to the hearing, a costs outline (Form 57B) not exceeding three pages in length. Parties seeking costs of a motion shall serve their costs outlines on all other parties, and file them using the Ontario Courts Public Portal .

Factums and draft Orders submitted through the Ontario Courts’ Public Portal should also be submitted in Word format. Compendiums shall be filed and uploaded to Case Center in accordance with Rule 4.05.3 and section 28 of the Consolidated Civil Provincial Practice Direction . No adjournment for any motion before a judge or associate judge will be granted within 2 days of the scheduled hearing date, except in extenuating and exceptional circumstances. D.2 Civil Matters before a Judge The following civil matters are being heard before judges in Toronto: Trials : To set a date for trial, parties must appear before “To Be Spoken To Court” (if the trial is anticipated to require 10 or fewer days), or Long Trial Scheduling Court (if the trial is anticipated to be over 10 days) (collectively referred to as Trial Scheduling Court). To Be Spoken To Court sits every Monday at 9:00 a.m. by Zoom and Long Trial Scheduling Court sits every Wednesday at 9:00 a.m. by Zoom. An appearance for either Trial Scheduling court should be requested through https://calendly.com/toronto-region .…

Ontario Superior Court of JusticeSuperior Court of Justice — Toronto

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Binding law / official textCentral West Region Practice Direction

Rule 48.04 — sets out the consequences of setting the action down for trial. Rule 48.04 provides that a party who sets an action down for trial or consents to placing the action on the trial list cannot initiate or continue any form of discovery or interlocutory motion without leave of the Court. Leave will be granted only in rare circumstances.

In some locations, the Registrar will provide an Assignment Court date to the party who set the action down for trial. That party must ensure that all interested parties are properly identified in the Notice of Assignment Court. At the Assignment Court, the action will, unless there are exceptional circumstances, either be placed on a trial list or struck from the trial list. If placed on a trial list, all parties are deemed ready for trial. Where an action is struck from the trial list, counsel and parties must obtain a court order granting them leave to restore it to the trial list in accordance with Rule 48.11. Such and order may be obtained by writing to the Court, on the consent of both parties, confirming that all parties are ready to proceed to trial. Upon receipt of such a request, the court will likely add the matter to the next Assignment Court date without the need for any further attendance. B. Pre-Trials For all locations except Brampton, pre-trial dates can be reserved on Calendly. See Part 1, Section D .…

Ontario Superior Court of JusticeSuperior Court of Justice — Central West

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Related subjects:Trial · Forms and documents · Evidence, affidavits and witnesses