Trial
The final hearing, the onus of proof, and the costs consequences.
Trial is the final hearing, where a judge hears the evidence and makes binding orders on the issues still in dispute. It is also where the large majority of family cases never end up, because they settle first. Trial is the system's backstop, not its default.
At trial each side presents evidence through witnesses, who testify under oath and face cross-examination, and through documents entered as exhibits. The party asking for something generally carries the onus of proving it on a balance of probabilities, the civil standard, meaning more likely than not. The judge weighs the evidence, applies the Divorce Act, Family Law Act, Children's Law Reform Act, and Guidelines as they apply, and issues a final order.
Trial is the most expensive and uncertain way to resolve a family dispute. You hand the decisions to a judge and lose the control you had in negotiation. There are also real costs consequences: under the Family Law Rules, the losing party can be ordered to pay a portion of the winner's legal costs, and a party who rejected a reasonable offer and did worse at trial can be penalized for it.
How Ryan helps: Ryan prepares and runs trials when a case truly needs one, and will give you a straight assessment of whether yours does before you commit to that path.
Frequently asked questions
What happens at a family law trial in Ontario?
At trial each side presents evidence through witnesses and documents, witnesses are cross-examined, and lawyers make submissions. The judge then decides the contested issues, such as parenting, support, and property, and issues a final order with reasons. A family trial is held under the Family Law Rules.
How many family law cases actually go to trial in Ontario?
Very few. The system is built to settle cases through disclosure, conferences, and negotiation, and most do, often at a settlement conference. Trial is the last resort for the issues that genuinely cannot be resolved any other way. Expect significant time, cost, and preparation if your case reaches trial.
Can a family law case settle before trial in Ontario?
Yes, and most do. You can settle at any point, including the day of trial, through negotiation, a conference, or mediation. Once you agree, you can sign minutes of settlement and turn them into a consent order. Settling gives you control over the outcome instead of leaving it to a judge.
Questions about your own situation?
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