Source summaryWhat this source covers
Official Ontario family-law form or related court document: Consent to Payment Out of Court. Its use depends on the governing rule, the issues in the case and any applicable court directions.
Key pointsWhat this is
Ontario Court Services lists this family-law document as “Consent to Payment Out of Court”.
Current official version
The current English version is version dated 2018-08-31 and effective 2018-08-31.
How to use this form
Read the form together with the current Family Law Rules and any applicable court orders, notices and practice directions. The governing rule determines when the form is required and how it is used.
For exact wording, dates, exceptions and current requirements, read the original source. Binding law and court directions take priority over explanatory material.
Open the official source ↗Law and rulesRelated official provisions
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
Open official source ↗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
Open official source ↗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
Open official source ↗Binding law / official textToronto Region Practice Direction
Part III — of the Substitute Decisions Act, 1992 sets out the procedure and filing requirements for an application to appoint one or more guardians of an incapable adult. Part III of the Children’s Law Reform Act sets out the procedure and filing requirements for an application to appoint one or more guardians of a minor. In addition, the general requirements of Rule 38 governing applications apply to applications to appoint guardians.
Subject to paragraph 30 below, an application for the appointment of a guardian under the Substitute Decisions Act, 1992 or the Children’s Law Reform Act should be commenced by filing a notice of application using the Ontario Courts Public Portal or in person at the Toronto Estates Office counter. In the Estates List Confirmation Form , applicants should advise the court of the expected length of time required for the application to be heard, which should not be less than 30 minutes, and whether the application is opposed or unopposed.
If an individual is alleged to be incapable of managing property, and a claim for damages for personal injury is contemplated or a personal injury action has been commenced but not resolved, a guardianship application in respect of such individual may be brought on the Estates List.…
Ontario Superior Court of JusticeSuperior Court of Justice — Toronto
Open official source ↗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
Open official source ↗Binding law / official textNorthwest Region Practice Direction
Part 2 — Civil Proceedings, Section A Motions (Short Motions , Orders and Endorsements from Regional Motions Court , Long Motions , and Confirmation Forms ) of this Consolidated Practice Direction also apply to motions in family proceedings.
Confirmation forms for all family motions must be filed and uploaded three (3) business days prior to the event.
B. Family Conferences
Ontario Superior Court of JusticeSuperior Court of Justice — Northwest
Open official source ↗