What Should I Expect at a Family Court Trial in Ontario?

A family trial in Ontario follows a set order, and the judge either decides right away or reserves the decision for later. The applicant goes first: they give the opening statement and call witnesses, and the respondent cross-examines each one. The respondent then calls their witnesses, whom the applicant may cross-examine.

The applicant may give reply evidence only on new issues, and closing statements come last, with the applicant going first. Before trial, each party files Form 17E (Trial Management Conference Brief) for the trial management conference. Once a trial date is set, you are expected to go ahead, and adjournments are allowed only in exceptional circumstances.

How long a trial takes varies: it may take less than a day, several days or weeks. The applicant must serve the trial record at least 20 calendar days before the trial starts, and a respondent who adds documents must serve and file them at least 7 calendar days before. If the decision is reserved, you may need to return to court for it, or you will be told in writing when it is available. Exact timing for a decision depends on the judge and the case.