What is a consent order in Ontario litigation and how do parties get one?

A consent order is a court order made with the agreement of all parties rather than as a result of contested proceedings. It has the same legal force as any other court order. Consent orders are common in litigation because parties often agree on procedural matters — such as extending a deadline, amending pleadings, or adjourning a hearing — without needing a judge to decide.

To obtain a consent order, both sides sign a draft order and submit it to the court for approval. In most cases, the court will sign the order without a hearing if it is within the scope of what the court has authority to order. Some matters — particularly those involving third parties or court supervision — may require a brief attendance before a judge.

Consent orders can also be used to record the terms of a settlement of the entire lawsuit, including matters like payment timelines, non-disclosure, and the dismissal of the claim. Once a consent order is made, a party who fails to comply can be held in contempt of court. If you have reached an agreement with the other side on any issue, formalizing it in a consent order creates an enforceable record of that agreement.