Family Duty Counsel at Ontario Courthouses: What Help You Get

If you are heading to family court without a lawyer, the day can feel daunting. You may not know what will happen in the courtroom, what papers to hand in, or who to ask for help. Duty counsel are lawyers who are available at court for people without their own lawyer.

This article explains in general terms what is known about duty counsel in Ontario family courts and how to prepare. The exact help available varies by courthouse and by your circumstances, so use this as a starting point.

Who duty counsel are

Low-income people may get free legal advice at court from Legal Aid Ontario advice lawyers and duty counsel. Whether you qualify depends on your finances and the rules that apply at the time, so ask at the courthouse or contact Legal Aid Ontario.

How far duty counsel can help with your particular matter depends on your situation and the courthouse, so ask on the day what they are able to do for you. If you need a lawyer for the whole case, including conferences, motions and a trial, it is worth confirming your options with a lawyer. Legal Aid Ontario advice lawyers and duty counsel are one source of free advice at court for people with low incomes.

What a court day can involve

Knowing the stages helps you ask duty counsel useful questions. In the Ontario Court of Justice, the clerk usually gives the applicant a first appearance date when the application is issued, though this does not apply where the applicant seeks a divorce or makes property claims. At the first appearance the parties meet a court clerk or a judge, and the clerk checks that documents have been served and filed, refers the parties to information and to alternatives such as mediation, and schedules a case conference.

In the Superior Court of Justice there is no first appearance when an application is issued. The party must book a case conference instead. A judge must conduct at least one conference in each case in which an answer is filed.

Whether your appearance is in person or virtual varies by region and can change, so confirm before the day.

Mediation may come up at court. Ontario describes mediation as a negotiation between two people with help from a mediator, who does not take sides, make decisions or give legal advice, and does not take the place of a lawyer. Court-connected on-site mediation is free on the day a party's matter is scheduled in court, while off-site mediation may carry user fees on a scale based on income and number of dependents. The mediator writes up what the parties agreed, and Ontario advises that each party get advice from a different lawyer before signing to make it legally binding.

Questions worth asking

Because time with duty counsel may be limited, focus on what you need to understand today.

• What is happening at this appearance, and what is expected of me?
• Are my documents properly served and filed?
• If I am the respondent, what is my deadline to answer? The usual deadline is 30 calendar days if served in Canada or the United States, and 60 days if served elsewhere.
• What do I need before the next step, such as a financial statement or Form 35.1?
• Should I ask for more time, or is there an option such as mediation?

Why missing steps matters

If a respondent does not serve and file an answer, they are not entitled to further notice of steps in the case, except service of the order under rule 25(13), and are not entitled to take part in the case. The court may deal with the case in their absence, and a date may be set for an uncontested trial. That is why it is worth getting help promptly, before a deadline passes.

What to do next

• Check the date, time, court and location on your court papers, and confirm whether the appearance is in person or virtual.
• Bring everything you have been served with, plus anything you have filed.
• Bring income and expense records if support or property is involved.
• Arrive early and ask a court staff member how to reach duty counsel.
• Write down what the judge or duty counsel says, including next dates and deadlines.
• Consider a visit to a Family Law Information Centre for free forms and procedural information, which is information and not legal advice.

If you cannot get duty counsel help or your situation is complex, the Law Society Referral Service gives the name of a lawyer and a 30-minute consultation at no charge.

Frequently asked questions