What Happens at a Family Trial in Ontario: Order of Evidence

A family trial is the last step when a case cannot be settled. It can feel intimidating, especially if you are representing yourself, but it follows a clear order that is easier to handle once you know it.

This article walks through the preparation, the order of evidence, how long a trial may take and what happens when the judge decides. Procedures can differ by court and region, so treat it as a general guide.

Getting ready before trial

In a case where an answer is filed, the required steps usually include the Mandatory Information Program, a case conference, a settlement conference and a trial management conference. Before the trial management conference, each party files Form 17E (Trial Management Conference Brief).

Once the court sets a trial date, the parties are expected to go ahead, and adjournments are allowed only in exceptional circumstances. A judge may order that most or all of a witness's evidence be given by affidavit.

There are also document deadlines. The applicant must serve the trial record at least 20 calendar days before the trial starts. A respondent who adds documents must serve and file them at least 7 calendar days before the trial.

The order of evidence

At an Ontario family trial, the order is set out in the court's procedures:

If you are a party, you are usually also a witness, so you may give your own evidence and be cross-examined. Listen closely to each question, answer only what is asked, and stay calm and polite, because the judge is watching how you present.

Witnesses and how long it takes

A trial may take less than a day, several days or weeks. The length depends mainly on how many issues are in dispute and how many witnesses are called, so it is worth asking at your trial management conference what the court expects.

If you need a witness who will not come voluntarily, you can summon them with Form 23. A party who summons a witness with Form 23 must pay the witness for every day the witness is required in court. That cost is a good reason to plan carefully about who you really need to call.

• Tell your witnesses early about the date, time and courthouse.
• Decide which witnesses add something the documents do not.
• Prepare a short outline of the points each witness will cover.
• Ask whether the judge will allow some evidence by affidavit.

When you get the decision

After closing statements, the judge either decides right away or reserves the decision to a later date. If the decision is reserved, you may need to come back to court for it, or you will be told in writing when it is available.

Costs usually follow. There is a presumption that a successful party is entitled to the costs of a step in a case, and the court decides costs promptly after each step or reserves them for later. Written offers to settle can matter here, so keep copies of any you made or received.

If you disagree with a final order, strict appeal deadlines apply. For a final Ontario Court of Justice order, a notice of appeal (Form 38) must be served within 30 days after the date of the order. For a Divorce Act order, no appeal lies more than 30 days after the order was made, although the appellate court may extend the time on special grounds. Which court hears an appeal depends on where your case was heard and what kind of order it is, so speak with a lawyer quickly if you are considering one.

What to do next

Start by confirming your trial date and every deadline with the court office, since local practice can differ. Judges and court staff cannot give legal advice, so get it elsewhere. Duty counsel and advice counsel at family courthouses may give 20 minutes of advice, whether or not you are eligible for legal aid. Duty counsel can review your forms and explain the law, but cannot represent you in your court case.

• Confirm the trial date, location and expected length with the court office.
• File Form 17E for the trial management conference.
• Check who must serve the trial record and by when.
• List your witnesses and arrange for them to attend.
• Organize your documents in the order you plan to use them.
• Prepare your opening and closing points in short, plain language.
• Plan how you will find out when the decision is ready.

Frequently asked questions