How Long Does a Family Court Case Take in Ontario?

There is no single answer to how long a family court case takes in Ontario, because it depends on the court, the issues and how much the parties agree. What the rules do set are the steps and several fixed time limits.

A respondent has 30 days after being served to file an Answer, or 60 days if served outside Canada or the United States. If an answer is filed, a judge must hold at least one conference, and required steps usually include the Mandatory Information Program, a case conference, a settlement conference and a trial management conference. In the Family Court of the Superior Court of Justice, most applications are on the fast track with a first court date, while divorce and property claims are on the standard track.

If a case is not settled, withdrawn, or scheduled or adjourned for trial by the 365th day, the clerk serves a Notice of Approaching Dismissal, and the case is dismissed unless a party takes a listed step within 60 days. Once a trial date is set, adjournments are allowed only in exceptional circumstances. A trial may take less than a day, several days or weeks.