Step 2: Start an Application

The first step in a court case is to file an application. The person who makes the initial application is called the applicant while the other party is the respondent. The application tells the court and the other party the claims you are making. In your application, you can make your claims such as divorce, parenting time, decision-making responsibility, child support, spousal support etc. To end a marriage, you need a divorce. If you were never legally married, divorce does not apply to you. The application is filed along with other necessary documents which depend on which claims you are making with the courthouse. The courthouse will issue the application by stamping it and assigning it a court number. The applicant will then serve the respondent with the issued documents. After serving, the applicant will file an affidavit of service with the courthouse.

The applicant needs to have the application issued and then serve the application personally on other party.

• property claims (financial disclosure required)
• Child or Spousal support  (financial disclosure required)
• Form 35.1 parenting affidavit (parenting and decision-making responsibility)

Step 3: Respondent files an answer

If the respondent wants to defend the application, the respondent must prepare, serve and file a Form 10: answer to the claims in the applicant’s application within 30 days (60 days outside Canada). You can agree or disagree with the applicant’s claims and make claims of your own. If you make a parenting claim, you must include a Form 35.1 parenting affidavit. If the applicant has support or property claims, you must provide Form 13.1 Financial Statement. If you do not respond within the deadline, the case can go ahead without you (uncontested trial).

Step 4: Applicant files a reply if necessary

If applicable, the applicant responds to new claims or issues not addressed in the original application in a reply within 10 days.

Step 5: Case Conference

A conference is a step in the family case where a judge meets with parties and their lawyers to discuss the issues in the case. There are three different types of conferences: case conference, settlement conference and trial management conference. No motions can occur before the parties have had a case conference. Before the conference, the parties have an obligation to try to negotiate with each other on how to resolve the issues so the conference can focus on the issues the parties do not agree on. The conferences are confidential (i.e. without prejudice); therefore, any discussions that take place at the conference cannot be referred to when the conference is done. The confidentiality encourages open and frank discussions between the parties without the fear of prejudice. Case conferences focus on identifying issues, exploring settlement, and ensuring disclosure is complete. The judge will determine which issues the parties agree on, which issues they don’t agree on and the chances of resolving the issues they don’t agree on. The judge tries to move the case forward by addressing procedural issues, deciding on a timetable and by attempting to get the parties to resolve matters at least on a temporary basis. The judge can make disclosure and procedural orders but can only make temporary orders on consent. 

Step 6: Motions and Interim Orders

Motions can be brought to obtain temporary orders for matters like child and/or spousal support that will be in effect until the matter is resolved on consent or on a final basis at trial. The party bringing the motion is the moving party while the other party is the responding party. You can bring a motion for procedural or uncomplicated requests by doing a 14B Motion which normally does not require the parties to attend. Regular motions require notice and for the parties to appear in person. Ex-parte motions, motions without notice, can be brought in very limited circumstances (emergencies).

Step 7: Settlement Conference

Settlement conference is the next conference after the case conference. Before the settlement conference, both parties are expected to make offers to settle to see if any issues can be resolved without the need for a trial. This conference focuses on settling and narrowing down as many issues as possible. The parties each present their position and why they will succeed at trial. 

Step 8: Trial Management Conference

If the case is not settled at your settlement conference, a trial management conference is held. Each party must complete the trial scheduling endorsement form, send offers to settle on all issues in dispute, and outline your opening statement before the conference. It is usually not necessary to prepare a trial management brief. Although the judge will see if the parties agree on any of the issues in dispute, this conference is mainly procedural. It is to organize each party for trial and to confirm the parties and its witnesses are ready to proceed as scheduled and that the time you estimated for the trial is correct. The judge will address any procedural issues that must be resolved before the trial can begin.

Step 9: Trial

Although most family cases are settled by agreement, some cases go to trial. A trial record, which is a set of documents from the case to ensure all parties have all of the information needed for trial, must be completed for trial. Each party will also prepare a document brief which contains all of the documents you will rely on at trial. The parties should only call witnesses whose evidence can help prove your case. Each witness will receive a Summons to a Witness and a list of documents to bring to the trial. Trials are formal proceedings. The two parties appear in front of a judge. Each party will make opening and closing statements and be given an opportunity to present their evidence to support their claims and to cross examine the other party’s witnesses. 

Step 10: Decision Released with Final Orders

At the end of the trial, the judge makes a final court order about the issues in their case. The final court order may not be released for several months following the trial.

Step 11: Motions to Change Final Order

After your case has ended, a Motion to Change is required to change a final order instead of starting a new application. For example, you may need to change the amount of child or spousal payments or parenting arrangements. There are different procedures to follow to bring a Motion to Change depending on the change sought and whether the parties are in agreement with the change.