What Happens at a Family Court Trial in Ontario: A Step-by-Step Walkthrough

For most people, the idea of a "trial" comes from television — dramatic cross-examinations, a jury, a verdict delivered on the spot. A family court trial in Ontario looks different. There's no jury; a single judge hears the evidence and decides the outcome, often over more than one day, sometimes with weeks or months passing before a final decision. If you've never sat through one, knowing the order of events in advance can make an already stressful day easier to manage.

This walkthrough covers the general shape of a contested family trial in Ontario, from the moment the case is called to the point a decision is reached. Every trial is different, and your lawyer will guide you through what applies specifically to your case — but the basic structure holds steady.

Step 1: The Case Is Called and Preliminary Matters Are Addressed

Before any evidence is heard, the judge deals with housekeeping: confirming who's present, addressing any last-minute procedural issues, and often ordering that witnesses who haven't yet testified wait outside the courtroom so their evidence isn't influenced by hearing others testify first.

Step 2: Opening Statements

Each side may give a short opening statement outlining what they intend to prove and the outcome they're asking the judge to order. Family trial openings tend to be brief and are sometimes skipped altogether in shorter or simpler trials, depending on the judge's preference and the complexity of the issues.

Step 3: The Applicant Presents Their Case

The applicant — the party who started the case — generally goes first:

• The applicant testifies, answering questions from their own lawyer (called examination-in-chief)
• Any other witnesses for the applicant testify in turn
• After each witness testifies, the opposing lawyer cross-examines them
• The applicant's lawyer may briefly re-examine a witness afterward, limited to matters raised in cross-examination

Step 4: The Respondent Presents Their Case

The same process repeats for the respondent: their own testimony and any witnesses, examination-in-chief, cross-examination by the applicant's lawyer, and any re-examination.

Step 5: Closing Submissions

Once all the evidence is in, each side's lawyer makes closing submissions — a summary argument tying the evidence back to the law and explaining why the judge should decide in their client's favour on each issue. This is argument, not new evidence.

Step 6: The Judge's Decision

The judge may deliver a decision orally right at the end of the trial, sometimes called deciding "from the bench," but in family cases — especially longer or more complex ones — it's common for the judge to reserve the decision and release it later in writing. A reserved decision takes time to prepare properly; there's no fixed timeline for when it will be released, and pressing for a faster decision generally isn't productive.

Step 7: The Order Is Drafted and Issued

Once a decision is made, a formal order reflecting it needs to be drafted, often by one of the lawyers for the other side's approval, and then issued by the court. Only once the order is signed and entered does it become formally enforceable.

Family trials can run over a single day or extend across several, sometimes non-consecutive, court dates depending on how court time is scheduled. Whatever the format, the structure above — preliminaries, opening, each side's evidence, closing submissions, decision, order — holds steady from case to case.

Frequently asked questions