How do uncontested trials compare to default judgments?

They both arise when the respondent refuses to respond. Uncontested trials are generally more complex and require the applicant to appear to present evidence; whereas, default judgments are for simpler claims such as divorce and support and the trial is done in writing. Default judgments are administrative and quicker

What are the consequences of not filing an answer? Which rule? 

The consequences of not filing answer for the respondent are found in rule 1(8.4) and are as follows:

• They would not be notified of any steps in the case 
• They are not allowed to be involved in the case in any way 
• The court might deal with the case without the respondent being present in court; and
• A date may be scheduled for the uncontested trial 

The decisions might be made on incomplete information or incorrect information.

Which form do you fill out to have an uncontested trial?

You fill out Form 23C: Affidavit for Uncontested Trial. You can file a 14B Motion Form. You must attach a draft Form 25D court order with all the orders you asking the judge to make.

How are uncontested trials heard?

Uncontested trials are heard through affidavit evidence which are written statements that contain evidence by the person who filed the family court application. In some cases, the court may ask for an oral hearing where the person must clarify their statements in court. You show that the orders you are seeking are fair, reasonable, and supported by law.

Which rule covers evidence at uncontested trial?

Rule 23, section 22 (Rule 23(22)) states that evidence is by Form 14A or Form 23C and, if applicable Form 35.1 and Form 13 or 13.1 unless court directs oral evidence must be given.

Is it a “free for all” for the applicant?

Even though the case may be approved to be an uncontested trial, it is not a free for all for the applicant as they must present proper evidence to prove their case. L. v. L.(2024 ONSC 1444) is a recent decision of Justice Jarvis declined to grant the relief sought by the mother at an uncontested trial. This case served as a reminder that even an uncontested trial requires proper preparation and “trial worthy evidence”.. In other words, the evidentiary requirements are no different for an uncontested trial than a contested trial.

What is a default judgment?

Default judgment is when the court makes a decision in favour of one person due to the other person failing to answer or be present in court. 

Can an order be overturned from an uncontested trial?

A respondent can try to set aside a default judgment using Rule 25(19)(e). The final order can be overturned from an uncontested trial if the respondent provides evidence as to why they could not be present. For example, a person may have mental health issues at the time of the case which led to their absence at the trial. They must provide documents to prove they were going through mental health issues to possibly overturn the order.  

What are the five factors to consider in setting aside a default judgment?

The legal test in Mountainview Farms Ltd. v. McQueen which outlines when courts may set aside a default judgment.

The five factors to consider in setting aside a default judgment are as follows:

• How quickly the motion was made after learning about the default judgment
• If there is reasonable excuse or explanation for not following the Family Law Rules 
• Whether the evidence shows that the defendant has a valid defense 
• How dismissing or allowing the motion could unfairly affect the persons involved 
• What impact the decisions made by the court would have on the justice system overall