Family Court Trials in Ontario

What Happens at a Family Court Trial?

A trial is generally the final stage of a family court case — the point reached only if the issues are not resolved earlier by agreement or through the conference stages that come before it. At trial, a judge hears each side's evidence directly and makes a decision on whatever issues remain in dispute, such as parenting arrangements, support, or property.

A trial is structured very differently from the case conferences and settlement conferences that typically come earlier in a case. Those earlier stages are generally informal and without-prejudice, aimed at identifying issues and encouraging settlement, with no formal evidence and no final decision on the merits. A trial, by contrast, is a formal evidentiary hearing: evidence is generally given under oath, the rules of evidence apply, and the judge's decision is a final, binding determination of the issues before the court, based on the Family Law Rules and the applicable substantive law.

This page is a general orientation to that process. For a wider overview of how a family court case unfolds from start to finish, see getting started with family court.

Because a trial is where a judge finally decides the issues the parties could not resolve themselves, it is generally treated as a significant, formal event in a case rather than a routine appearance. Preparing for one — organizing evidence, confirming witnesses, and understanding the general shape of the hearing — is generally one of the more demanding parts of a contested family court matter.

Trial as the Last Resort

Ontario's family court system is generally structured to encourage settlement at every earlier stage — negotiation, mediation, case conferences, and settlement conferences all exist, in part, to help parties resolve their issues without needing a trial. Many, and by most accounts most, family law cases in Ontario settle before ever reaching trial. Trial is generally treated as a last resort, used only when the parties genuinely cannot agree and a judge's decision is needed to move forward.

Because of this, if your case is heading toward trial, it has usually already been through one or more conferences. If a settlement conference does not resolve the outstanding issues, the case generally continues toward trial preparation instead. Trials are also generally more formal, more costly, and more time-consuming than these earlier stages, which is part of why most parties and their lawyers try to avoid one if a reasonable settlement is available.

Getting Ready: A Pre-Trial or Trial Management Conference

Before the actual trial, many cases involve some form of additional conference — sometimes called a trial management conference, sometimes a pre-trial conference, depending on the court — generally aimed at getting the case ready for trial and making one more attempt at settlement. This commonly includes confirming which witnesses each side intends to call, what documents and other evidence will be used, and roughly how much time the trial is expected to take, so the court can schedule it appropriately.

Exactly which conference applies, what it is called, and what is required beforehand can vary depending on which court is handling your case and the local practices of that courthouse. Rather than assume a specific procedure applies to your situation, confirm the current requirements with the court or a Family Law Information Centre well before your trial date. See getting started with family court for a wider look at how these stages generally fit together.

Preparing Evidence and Witnesses

At trial, each side generally presents evidence to support its position. This commonly includes documents — such as financial records, communications, or other relevant paperwork — along with sworn evidence from witnesses, who may testify orally, by affidavit, or through some combination of the two depending on the court's directions and the type of hearing.

Witnesses at a family law trial can include the parties themselves, as well as other people with relevant, firsthand knowledge — sometimes called lay witnesses — and, in some cases, expert witnesses, such as professionals whose specialized knowledge can help the judge understand an issue outside ordinary experience. Whoever calls a witness generally questions them first, in what is often called examination-in-chief, before the other side has a chance to respond.

Because the evidentiary and procedural requirements for trial can be significant, and can vary by court and by the type of hearing, preparing thoroughly and confirming current requirements well in advance is generally one of the more important steps before a trial date arrives.

Organizing evidence well before trial generally makes the hearing itself more efficient — for example, having documents indexed and ready to refer to, and making sure any witness understands generally what they will be asked about and how the process works. Because the specific evidentiary requirements can depend on the type of case and the court involved, many people preparing for trial find it useful to review the applicable Family Law Rules provisions or consult a legal professional well ahead of the trial date, rather than leaving preparation until shortly before.

Cross-Examination

After a witness gives evidence for the party who called them, the other party generally has an opportunity to cross-examine that witness. Cross-examination is generally used to test the witness's evidence — for example, by asking about inconsistencies, gaps, or alternative explanations — and to bring out evidence that supports the questioning party's own position.

Once cross-examination is complete, the party who originally called the witness may generally be permitted a limited re-examination, but typically only to clarify points that were raised during cross-examination, rather than to introduce entirely new evidence. Some courts may also use more streamlined procedures for certain trials, which can place limits on how evidence is presented or how long cross-examination may take — another reason to confirm the specific process that will apply to your case ahead of time.

How Long Does a Trial Take?

There is no single answer. A family law trial can take anywhere from part of a single day to several days, or considerably longer for cases involving many issues, extensive documentary evidence, or numerous witnesses. Factors that generally affect length include how many issues remain in dispute, how much evidence and how many witnesses each side plans to call, how cooperative the parties are, and the court's own scheduling and workload.

Any pre-trial or trial management conference (see above) generally tries to produce a realistic estimate of how much trial time is needed, but treat any specific number of days as approximate until it is confirmed for your own case by the court or your legal representative.

Getting the Decision

Once the evidence has been presented, the judge decides the outstanding issues. Depending on the complexity of the case, a judge may give a decision orally at the end of the trial, sometimes with written reasons to follow later, or may reserve the decision entirely and issue it in writing at a later date, after having more time to review the evidence and consider the applicable law.

There is generally no fixed timeline for how long a reserved decision will take to be released — it can depend on the complexity of the issues and the court's own workload. If you are waiting on a reserved decision, it is generally reasonable to check with the court about its typical timelines, rather than assume a specific date.

After the Trial: The Court Order

Once a judge decides the outstanding issues, that decision is generally reflected in a formal court order, which sets out what each party is required to do going forward — for example, a parenting schedule, a support amount, or how property is to be divided. See court orders for a general look at what an order can cover and how one may later be changed or enforced.

A party who disagrees with a trial decision may, in some circumstances, be able to appeal it, though appeals involve strict time limits and a different legal test than the original trial. See appeals in family court for more on that separate process.

Costs of Going to Trial

Trials are generally the most expensive and time-consuming stage of a family court case, reflecting the additional preparation, court time, and (where applicable) professional fees involved compared with earlier stages like conferences or negotiation. A judge can also make a costs decision after trial, which may require one party to contribute toward the other's legal expenses, depending on factors such as the outcome and each party's conduct during the case. See costs in family court for a general explanation of how costs decisions generally work.

Because of the cost, time, and uncertainty involved, many people continue trying to settle right up until, and sometimes even during, a trial — another reason trial is generally seen as a last resort rather than a routine outcome.

Frequently Asked Questions