Ontario Superior Court of Justice · Regional Direction

Family — Central East Region

Practice area  Family (regional direction only)
Region  Central East
Applies to  Barrie, Bracebridge, Cobourg, Lindsay, Newmarket, Oshawa, Peterborough
Source  Consolidated Practice Direction for the Central East Region
Scraped  2026-05-18

Regional direction only. This contains the Central East Region's general provisions and its family-specific rules. Province-wide family rules are kept separately.

GENERAL PROVISIONS —

Effective June 30, 2025, Updated May 12, 2026

This Practice Direction applies to all proceedings in the Superior Court of Justice, Central East Region. It supersedes all previous region-specific Practice Directions and Notices to the Profession for the Central East Region. Counsel and parties are advised to refer to the relevant Parts of the Consolidated Provincial Practice Directions.

Part 1: Preliminary Matters

A. Presumptive Mode of Hearing

  1. For complete information on the Presumptive Mode of Hearing Guidelines for the Superior Court of Justice Guidelines, please see:

    Guidelines To Determine Mode of Proceeding in Civil | Superior Court of Justice

  2. The chart below lists the presumptive modes of hearing for matters in the Central East region.

Family

EVENT In-Person Virtual In-Writing
Early or Urgent Case Conferences X
Urgent Motions X X
Without Notice/Ex-Parte Motions X
Case Conferences X
Settlement Conferences X
Trial Scheduling Conferences X
Trial Management Conferences X
Procedural & Consent motions (14B, 23C) X
Short motions * see paragraph 176-178 below X X*
Long Motions X
Trials X
DRO conferences X
FRO X

Child Protection

EVENT In-Person Virtual In-Writing
TBST, Appearances, short (one-hour) motions X
Procedural & Consent Motions (14B) X
Summary Judgment Motions X X Newmarket & Barrie (Bracebridge, Midland, Collingwood, Orillia) & Oshawa
Temporary Care Hearings X
Trials X
Settlement Conferences X Barrie, Bracebridge, Midland, Collingwood, Orillia X Oshawa & Newmarket

B. Change to Presumptive Mode of Hearing

  1. All events that have been scheduled as a virtual hearing prior to the release of this Notice will proceed as scheduled as a virtual hearing despite the Guidelines. As new events are being scheduled, they will proceed in accordance with this Notice and in accordance with the Guidelines.
  2. All events that are being scheduled on or after March 1, 2024 will proceed in the presumptive mode of hearing set out above unless a judge or where applicable an associate justice, prior to the hearing, has directed otherwise.
  3. Any party seeking to change the presumptive mode of hearing for an event must raise this request with the court at the earliest opportunity and no later than the first scheduled the event.
  4. The request must be made in writing and emailed to the Trial Coordinator’s Office, copied to all other parties.
  5. Failure to raise this at the first available opportunity will result in the event proceeding in the presumptive mode of hearing. The request will not be considered on the scheduled hearing date.

C. Filing Court Documents

  1. Documents must be filed electronically. It is expected that written materials and documents for criminal, family and civil matters will be filed with the court electronically. If, however, a party is unable to file materials and documents electronically, they may file same in person at the courthouse filing office, together with an explanation of why electronic filing is not feasible.
  2. Information regarding standard document naming protocols and the electronic filing of materials for Court and Court fee payments is contained in the Consolidated Provincial Practice Directions.
  3. PLEASE ENSURE STRICT COMPLIANCE WITH TIMELINES and COURT FILING DOCUMENT STANDARDS. Court documents which do not comply with these document standards, including the maximum length for such documents, will NOT be accepted (i) for filing; and (ii) shall not be uploaded to Case Center.
  4. Compendiums: in civil matters, where counsel file more than twenty-five (25) pages of documentary evidence, whether by affidavit or otherwise, counsel must, in addition to the filing of such documentation, file a Compendium which shall contain only those documents and caselaw that counsel intend to refer to in argument. Failure to comply may result in your matter not being heard.

Family

  1. Documents with a filing deadline of 3 days or less such as without-notice motions, responding party materials on regular motions, responding party family conference briefs or confirmation forms can be filed by e-mail to the address set out below.
Centre CSD Mailbox
Barrie, including Midland & Collingwood BarrieSCJFamily@ontario.ca
Bracebridge Bracebridge.courts@ontario.ca
Orillia Orillia.courts@ontario.ca
Newmarket NewmarketSCJFamily@ontario.ca
Oshawa DurhamSCJFamily@ontario.ca
Peterborough PeterboroughSCJFamily@ontario.ca
Lindsay Lindsay.courts@ontario.ca
Cobourg Cobourg.court@ontario.ca

D. Uploading to Case Center

  1. Parties are expected to comply with the requirements for uploading materials outlined in the Provincial Practice Directions and the following document Case Center in the Superior Court of Justice: A Guide to Requirements | Superior Court of Justice, located on the court’s website. These include deadlines to upload materials to Case Center ahead of a hearing, requirements for the materials which are uploaded, and guidelines on the material that should not be uploaded to Case Center.

E. Scheduling with Calendly

  1. Calendly will be used in Central East Region to facilitate scheduling the following appearances:

    • Regionally – Civil Pre-trials, , Central East Triage Court;
    • Newmarket – Family Dispute Resolution Officer (DRO) Conferences; and
    • Barrie, Bracebridge, Midland, Collingwood, Orillia – Family Dispute Resolution Officer (DRO) Conferences.

  2. Please refer to the tip sheet which is posted on the court’s website. This tip sheet can be found here: Calendly Tip Sheet for Counsel and Self-Represented Parties.

  3. The links for each matter which uses Calendly are set out below:

    Regional

    Civil – Pre-trials: https://calendly.com/ce-civil-pretrials

    Civil – Triage Court for Administrative Dismissals: https://calendly.com/ce-civil

    Civil –Triage Court: https://calendly.com/ce-civil

    Newmarket

    Family – Dispute Resolution Officer Conferences (DROs): https://calendly.com/ce-newmarket-dro

    Barrie, Bracebridge, Midland, Collingwood, Orillia

    Family – Dispute Resolution Officer Conferences (DROs): https://calendly.com/ce-barrie-dro

  4. Additional steps are set out in this Consolidated Practice Direction for specific events.

d) Pre-trial Virtual Hearing Information

  1. A Zoom link for the pre-trial will be available through Case Center approximately one (1) to two (2) days prior to the event.
  2. The only individuals who may be present for the pre-trial are counsel who have carriage of the file, a litigant who has authority to settle, any party who is self-represented, and the pre-trial judge.
  3. No recording may be made of the pre-trial by any participant. The exception is where a party is self-represented, in which case a recording of the pre-trial will be made by court staff at the direction of the presiding judge for the assistance of the Court. Neither the recording nor a transcript of the pretrial conference may be released to anyone without an order of a judge of the Court.

H. Regional May/November Family Trial Sittings and January/September Civil Blitz

Note: This section contains content for multiple practice areas. Full text is included.

  1. Prior to February 20, 2024, the Central East Region held concurrent Family and Civil sittings during May and November.
  2. In place of the Civil sittings, the Central East Region now conducts two dedicated Civil Blitz sessions: a three-week session in January and a five-week session in September.
  3. This change did not affect the Family sittings, which continue to be held in May and November.
  4. For Civil Blitz, if counsel have multiple trials on the trial list, they will not be expected to be in two places at the same time. However, if a matter was previously adjourned due to non-available counsel relating to other trial commitments, counsel will be expected to attend on the next scheduled trial date. No further adjournment will be allowed due to counsel’s other trial commitments absent exceptional circumstances.
  5. Cases on the trial list will be called in order of their age, with the oldest cases being called first. Cases that were not reached in a previous sitting will be given priority.
  6. Counsel should not expect that their trial (whether jury or non-jury) will necessarily be called in the court location where a claim was issued. Counsel and the parties should expect to travel to other court locations within Central East Region. Where such travel creates an impediment for either counsel, the parties, and/or the witnesses, this issue should be discussed in advance with the pre-trial judge and/or at Triage Court.
  7. Counsel and the parties are expected to be ready to start their trial when called by the trial coordinator. Once a matter is on a trial list for September and January trial sittings, it is deemed ready for trial. Adjournments will only be granted in exceptional circumstances. For adjournment requests, if the adjournment is on consent and requested for the first time, it must be made in-writing to Regional Senior Judge. If it is the second adjournment request, or if it is opposed, it will go to Triage Court. Contested adjournment will only be granted in exceptional circumstances. Where a request for an adjournment is contested, counsel are required to obtain a Triage Court date, held every Tuesday, to address the adjournment request.
  8. For the January and September Civil Blitz sittings, a trial list will be posted on the court’s website in advance. Counsel can check the list to see if their matter is on the list. Trial Coordinators will not contact counsel directly. In addition, the list will also be shared with the Bar Associations.
  9. In cases of inquiries or special circumstances, counsel may reach out to local Trial Coordinators for further information.
Barrie, Bracebridge, Orillia Barrie.SCJ.TC@ontario.ca
Newmarket Newmarket.SCJ.TC@ontario.ca
Oshawa Oshawa.SCJ.TC@ontario.ca
Peterborough, Lindsay, Cobourg Peterborough.SCJ.TC@ontario.ca
FAMILY PROCEEDINGS —

Part 3: Family Proceedings

A. Scheduling Events

  1. The Trial Coordinators in each centre can be contacted by e-mail as follows:

    Barrie, Bracebridge, Orillia, Midland, Collingwood – Barrie.SCJ.TC@ontario.ca

    Newmarket – Newmarket.SCJ.TC@ontario.ca

    Oshawa – Oshawa.SCJ.TC@ontario.ca

    Peterborough, Lindsay, Cobourg – Peterborough.SCJ.TC@ontario.ca

    Lindsay (Family) – Lindsay.scj.family@ontario.ca

Child Protection Matters

  1. Dates in child protection matters shall continue to be set by the case management judge or through the Trial Coordinator

B. Motions

Regular Motions

  1. Regular motions (limited to one hour) can be scheduled through the Trial Coordinator or while setting next steps before the case management judge. Each party is limited to one short motion each without leave of the case management judge.
  2. The court is scheduling four motions per judge on each motions day to be set in accordance with local practice. Regular, one-hour motions can also be heard on standby in one of the regular family or combined child protection/family trial sittings during the year if endorsed by the case management judge.
  3. A cross-motion is considered a separate event and must be scheduled through the Trial Coordinator in a separate time slot from the original motion. If a party wishes to bring a cross-motion at the same time as the original motion as the issues are interrelated or for any other reason, that party must first obtain leave by way of a 14B motion. This applies to child protection motions as well as family motions.
  4. If no case conference has been held, the party seeking to bring a motion must first obtain leave based on r. 14(4.2) of the Family Law Rules for the motion by 14B even if the motion materials have already been filed for a prior date. No motion can be scheduled through the Trial Coordinator unless a conference has been held or leave has been obtained in advance. This provision does not apply to motions without notice brought pursuant to r. 14(12) of the Family Law Rules.
  5. All regular motions are to be heard presumptively in writing unless the motion judge determines otherwise. However, counsel and parties are to be available to participate in a Zoom hearing in their time slot to provide submissions if the judge deems necessary. A Zoom link will be provided, but parties and counsel will not be given entry into the virtual meeting unless and until the judge deems it necessary. Parties or counsel are not entitled to make oral submissions unless the judge permits.

Long Motions

  1. All long motions (motions in excess of one hour) shall be heard in one of the regular family or combined child protection/family trial sittings during the year. Long motions will be set down by the case management judge who shall set a time limit for the motion(s) and set deadlines for the exchange of documents.

Regular and Long Motions – Barrie, Bracebridge, Midland, Collingwood, Orillia, Newmarket and Oshawa

  1. In addition to the paragraphs above regarding regular and long motions, Forms 14 and 14A shall be served and filed 30 days prior to the scheduled date or, in the case of long motions, 30 days before the commencement of the trial sittings. The Responding materials (and any cross-motion authorized by the Court and properly booked through the Trial Coordinator) shall be served and filed 14 days prior to the motion date. The Response to the cross-motion or reply, if any, shall be served and filed seven (7) days before the motion with the reply to the cross-motion four (4) days before the motion. In the event the motion materials are not served and filed 30 days before the event, the Trial Coordinator is authorized to vacate the date.
  2. Prior to scheduling a motion, the parties must have conferenced the issue(s) in dispute within the previous 12-month period.
  3. The moving party must send a confirmation email of filing of the materials 30 days prior to the event to the appropriate Trial Office (SCJ.TC@ontario.ca or Oshawa.SCJ.TC@ontario.ca or Barrie.SCJ.TC@ontario.ca) as well as upload it to Case Center. If confirmation is not received, the motion date will be vacated.
  4. Barrie, Bracebridge, Midland, Orillia and Collingwood – to request a regular motion (one hour or less) before a Judge or Associate Judge, please complete this form and submit it to the Trial Coordinator’s Office using the email address provided on the form.

Early or Urgent Motion

  1. If parties require an early or urgent date motion, they may file a 14B motion on notice to the other party requesting an earlier date.
  2. In Tri-Counties (Peterborough, Lindsay and Cobourg), if parties require urgent motion date, parties shall use urgent motion request form and email it to the email address indicated on the form.

Motion materials

  1. For short or regular motions, each party is restricted to one primary affidavit in support of their position on the motion and cross-motion (if applicable) which shall not exceed twelve (12) pages of narrative. If a party also intends to rely on an affidavit that has been previously filed with the Court, the length of that affidavit is included in the 12-page limit. This limit does not include third party and reply affidavits, where required, which shall not exceed five (5) pages each, or affidavits relating to a party’s financial statement in accordance with Rule 13(12)(b).
  2. In addition, exhibits to each party’s affidavit shall be limited to only the necessary and relevantevidence and are generally expected not to exceed ten (10) pages. Litigants shall not include voluminous texts, emails and/or social media postings. Instead, only the relevant and necessary excerpts from these communications should be attached as exhibits.
  3. Parties should also file the documents referred to in paragraphs 208 and 210 for all regular motions, if applicable (with the exception of Offers to Settle which should not be included with motion materials). If attached as an exhibit to an affidavit, these documents are also not counted in the page limits above.
  4. Factums are not generally required for short motions but are permitted. Books of Authorities shall not be filed, rather the lawyer or party shall provide the judge with a list of the case names upon which he or she is relying with hyperlinks.
  5. The above restrictions do not apply to long motions, motions for summary judgment or hearings with respect to the wrongful removal or retention of a child.
  6. Affidavits in support of any 14B motion shall not exceed three pages of narrative and three pages of exhibits not including the documents listed in paragraphs 208 and 210.
  7. In addition, without exception, all documents filed for a family conference or motion must be prepared using a font size of no less than 12 pointand double spacing.
  8. Any documents filed in Adobe format must not be locked in order to ensure the judge can highlight and annotate the document, if necessary.
  9. Leave is required to file material beyond what is permitted above which will only be granted in exceptional circumstances. For motion materials, leave should be sought at the case conference. It can also be sought by 14B motion. Unless approval has been obtained in advance, material that is filed in excess of these restrictions will not be reviewed by the presiding judge and may result in an adjournment.
  10. To assist the Court in finalizing family orders more quickly, litigants should also provide a draft order in Word format that lists the specific relief that they are seeking with reference to the appropriate legislative authority in accordance with the new Form 25 Order (General). References to legislation that does not apply can be removed. Sample order clauses that can be used in the preparation of draft orders are availablehere.

Confirmation Forms for Motions and Conferences

  1. Confirmations for conferences and motions shall include details of what documents were filed in support of the event including the date of the document, when the documents were filed and where they were filed (i.e., in person at the court, through the JSOFP or by e-mail to the CSD e-mail box).

C. Family Conferences

  1. The court will be regularly scheduling up to five conferences per day in accordance with local practice.
  2. Parties can request and schedule dates with the Trial Coordinator.
  3. In Tri-Counties (Peterborough, Lindsay and Cobourg), if parties require an urgent case conference date, parties shall use urgent case conference brief form and email it to the email address indicated on the form.

Straight to a Combined Case/Settlement Conference

  1. Recognizing that many separating families will attempt another form of dispute resolution prior to seeking relief from the Court, requests can now be made to obtain the Court’s permission to move directly to a combined case conference/settlement conference as the first step in the case. Rule 17(7.1) allows parties to make this request after they have tried to resolve the issues that are in dispute through mediation or Legal Aid Ontario settlement conference provided they are able to confirm that (i) there are no outstanding temporary issues, and (ii) neither party is seeking disclosure from the other party.
  2. These requests can be made by filing a 14B Motion Form along with Form 17G: Certificate of Dispute Resolution.
  3. If permission is granted, the parties will be expected to comply with all requirements relating to a settlement conference, including the filing of a Form 17C: Settlement Conference Brief and any additional documentation (for example, a Net Family Property Statement/Comparative Net Family Statement/litigation expert reports/Offers to Settle).
  4. In addition to requests that are made pursuant to Rule 17(7.1), pursuant to this Consolidated Practice Direction, where both parties consent to this process, they can request the Court’s permission to proceed directly to a combined case conference/settlement conference where they have participated in another dispute resolution process (for example collaborative family law), and also (i) there are no outstanding temporary issues, and (ii) neither party is seeking disclosure from the other party. These requests should also be made by filing Form 14B and a Form 17G from each party with any necessary revisions.

Binding Judicial Dispute Resolution (Binding JDR)

  1. Binding JDR is available in appropriate family law cases throughout the Central East Region. Binding JDR would typically be held after parties have resolved the majority of the other issues and to effect a final resolution. This must be arranged through the case management judge and is currently available in the entire Central East Region. Please review Rule 43 of the Family Law Rules, and the Consolidated Provincial Practice Direction for Family Proceedings for more information on Binding JDR and the forms that are required.

Family Conference Materials

  1. Conference materials must comply with the following requirements:
  2. Case Conferences:Case conference briefs shall not exceed eight (8) pages, plus permissible attachments (as defined below) and additional documents that are required below or by the Family Law Rules. This 8-page limit only includes the brief itself (Form 17A or B) and any additional pages of facts and/or arguments that are attached to the brief as an appendix or schedule;
  3. Settlement Conferences: Settlement conference briefs shall not exceed twelve (12) pages, plus permissible attachments (as defined below) and additional documents that are required below or by the Family Law Rules. This 12-page limit only includes the brief itself (Form 17C or D) and any additional pages of facts and/or arguments that are attached to the brief as an appendix or schedule;
  4. Trial Scheduling Conferences: No Trial Management Conference brief shall be filed. Instead, litigants must file the completed Trial Scheduling Endorsement form, offers to settle all outstanding claims, and Trial Opening Statement;
  5. Trial Management Conference: The parties shall file the documents specified by the Case Management judge at the Trial Scheduling Conference.
  6. In preparing conference briefs, litigants may remove portions of the form that are not applicable to their situation (for example, the parenting sections where there are no parenting issues in dispute);

  7. Permissible attachments should only include relevant excerptsfrom the following documents, which are not included in the above page restrictions:

    1. Parenting assessments (pursuant to Section 30 of the Children’s Law Reform Act), Office of the Children’s Lawyer reports and Voice of the Child Reports;
    2. Documents that establish a child’s educational needs (for example, report cards or Individual Education Plans);
    3. Lists of any disclosure that remains outstanding;
    4. Income or business valuations, pension valuations or real estate appraisals (where the value of property is in dispute);
    5. Proof of income for the relevant period(s) including pay stubs, confirmation of benefits received and/or Statement of Business or Professional Activities from a party’s Income Tax Return;
    6. Domestic contracts, including separation agreements, marriage contracts or cohabitation agreements that are relevant to the issues in dispute;
    7. Relevant court orders including bail/release terms;
    8. Reports from the Children’s Aid Society; and,
    9. Child Support or Spousal Support Advisory Guideline calculations.

  8. Litigants must not include as attachments voluminous texts, emails and/or social media postings. Instead, only the relevant and necessary excerpts from these communications should be referred to in the conference brief itself.

  9. Litigants must also file additional documents that are required by the Rules, including Financial Statements, Net Family Property Statements/ Comparative Net Family Property Statements, litigation expert reports and Offers to Settle. These do not form part of the page limit if included with the conference brief.
  10. In addition, without exception, all documents filed for a family conference or motion must be prepared using a font size of no less than 12 pointand double spacing.
  11. Any documents filed in Adobe format must not be locked in order to ensure the judge can highlight and annotate the document, if necessary.
  12. Leave is required to file material beyond what is permitted above which will only be granted in exceptional circumstances. Unless approval has been obtained in advance, material that is filed in excess of these restrictions will not be reviewed by the presiding judge and may result in an adjournment.

D. Notice of Dismissals

  1. Newmarket only – The parties are required to complete the Notice of Approaching Dismissal Cases Form together with an Offer to Settle and a sworn financial statement, if applicable.
  2. Oshawa only – Parties who have received a Notice of Approaching Dismissal and require a court date to preserve their proceeding, shall serve and file the Notice of Approaching Dismissal Cases Form and e-mail a copy to the Trial Coordinator. They shall then be provided with a fixed Assignment Court date from the Trial Coordinator for a brief attendance to permit the presiding judge to determine what type of event should be scheduled and when.
  3. Barrie, Bracebridge, Midland, Collingwood and Orillia only – Parties who have received a Notice of Approaching Dismissal pursuant to r. 39 (11) of the Family Law Rules, and require a court date to preserve/extend their proceeding, shall serve and file the Notice of Approaching Dismissal Assignment Court Form and email a copy to the Trial Coordinator. They shall then be provided with a fixed Assignment Court date for a brief court attendance via ZOOM to permit the presiding judge to determine what type of event should be scheduled and when.

E. 1st Appearances (Rule 39 Appearances)

  1. All First Appearance dates will be conducted virtually by Zoom. However, effective July 1, 2024, in Oshawa, all First Appearance dates will be conducted in person.
  2. Mediation and duty counsel are available to assist at First Appearance dates. Self-represented litigants are encouraged to contact duty counsel for legal advice to request assistance in advance of their hearings. See below for further information.

F. Dispute Resolution Officer (DRO) Dates

  1. Dispute Resolution Officer conferences are available in Newmarket, Oshawa, Barrie, Bracebridge (including Midland, Collingwood and Orillia), Peterborough, Lindsay and Cobourg. DRO conferences will continue to proceed virtually.
  2. Parties who have commenced a Motion to Change can request a date for a Case Conference with a DRO either at the First Appearance date or, if they have already had a First Appearance and were not assigned a date, through the Trial Coordinator, with the exception of Newmarket. For Newmarket matters, DRO Case Conference dates are set through here. For Barrie, Bracebridge (including Midland, Collingwood and Orillia) matters, DRO Case Conference dates are set through here.
  3. The DRO program may have earlier dates available than judges. If all parties consent, they can request a date with a DRO from the Trial Coordinator in lieu of a Case Conference before a judge for family applications other than Motions to Change.

G. Trial Readiness Court

1. Trial Readiness Conferences

  1. In Central East Region, Family Trial sittings are held twice a year – once in May/June and once in November/December. Each sitting runs for a period of 3-4 weeks during those months.
  2. For matters in Barrie, Bracebridge, Orillia, Midland and Collingwood a Trial Readiness Court (“TRC”) will be held in the form of conferences approximately two weeks prior to the Family Trial Sittings.
  3. These conferences are designed to ensure that all parties are fully prepared to proceed to trial. They provide an opportunity to address any outstanding procedural issues, issues with witnesses and filings, confirm trial timing and scheduling, and minimize the risk of delays when the matter is called in for trial. The conferences also provide an opportunity to participate in alternative dispute resolution processes, as set out below.
  4. Based on the trial list, Trial Coordinators will contact parties or counsel to arrange the TRC conference date and time.
  5. Once scheduled, the Trial Coordinator will email a Trial Readiness Form (in Word format) along with the Zoom link for the conference to all parties or their counsel.
  6. The Trial Readiness Form is to be completed, served and filed no less than 3 business days before the conference.
  7. Costs may be awarded against a party who is unprepared for the conference or trial.

2. Exit Pre-trial Assignment with a DRO or Judge

  1. An exit pre-trial is an opportunity to address and resolve the outstanding issues on consent with the assistance of a DRO (Dispute Resolution Officer) or Judge.
  2. The TRC judge will assign an exit pre-trial session, contingent on the Court’s ability to locate and secure DROs or a Judge.
  3. No less than 3 days before the exit pre-trial, each party is responsible to serve and file with the court office their opening statement, current offer to settle, and any other materials directed by the TRC judge, and upload the documents to Case Center.
  4. The matter will remain on the trial list until after the exit pre-trial is completed.

3. Mediation Process

  1. Mediation may be available to parties at any time prior to the trial sittings.
  2. For matters proceeding to mediation after the TRC, the TRC Endorsement will be sent by the Trial Coordinators to both parties and to the Barrie Mediation Centre.
  3. The parties are then to coordinate the mediation arrangements directly with the Barrie Mediation Centre.
  4. The matter will remain on the trial list until after the mediation is completed or both parties agree to remove it and a judge endorses its removal. Until such endorsement is made, the matter will continue to be treated as scheduled for trial.

4. Binding Judicial Dispute Resolution

  1. Parties interested in pursuing Binding Judicial Dispute Resolution (JDR) can visit request-consent-binding-jdr-en.docx to obtain the Binding JDR Request and Consent Form. Each parties’ completed Binding JDR Request and Consent Form should then be served and filed with their Trial Readiness Form.
  2. At the TRC conference, if the judge endorses that the matter is appropriate to proceed to a Binding JDR, a Binding JDR Endorsement shall be competed and a date for the Binding JDR assigned.
  3. The matter will remain on the trial list until the signed Request and Consent forms are received from both parties and the Binding JDR Endorsement is completed by the Court.
  4. Once endorsed, the Court will send each party an Affidavit for Binding JDR Hearing, which must be served and filed in accordance with the directions set out in the Endorsement.

H. Material for Trials and Long Motions

  1. The provisions set out below apply regardless of the mode of proceeding except when indicated.
  2. Trial Records shall be filed through the Justice Services Online Filing Portal. Information regarding how to register for the JSOFP and how to file documents can be found here.
  3. In addition, after the Trial Record has been filed electronically, two copies of the Trial Record must be filed physically at the courthouse in each location except for Oshawa which does not require paper copies for any matters.
  4. All proposed Exhibits that you intend to rely upon at trial must also be served and filed in advance of your trial through the JSOFP. Again, except in Oshawa, two copies of the Exhibit Brief must be filed physically at the courthouse and an electronic copy must be filed electronically.

  5. The physical and electronic copies of the Trial Record and Exhibit Brief must be identical. That is:

    • Both must have a Table of Contents (and the electronic copy must be hyperlinked);
    • All Tab numbers must be consistent; and,
    • All page numbers must be consistent.

  6. It would be helpful, but not essential, if the Table of Contents for all documents could be hyperlinked to the document.

  7. In order to streamline the filing of Trial Records and Exhibits needed for these trial sittings, a temporary designated drop-off window at the filing counter has been created. You will not be required to ‘take a number’ at the filing counter to drop off these materials.
  8. The Trial window is not manned by court-staff, and no advice will be offered. Only Trial Records and Exhibits (with corresponding Affidavit of Service) may be left at this location; they will be collected and logged into the court system daily. Any other document deposited at this counter will be disposed of and will not be deemed to have been filed in your action.
  9. Long Motion materials shall be filed through the JSOFP. As well, except in Oshawa, a hard copy must be filed with the filing CSD filing office at the temporary drop-off window. For long motions, each party is restricted to one primary affidavit in support of their position on the motion and cross-motion (if applicable) which shall not exceed twenty (20) pages of narrative. If a party also intends to rely on an affidavit that has been previously filed with the Court, the length of that affidavit is included in the 20-page limit. This limit does not include third party and/or reply affidavits, where required, which shall not exceed 7 pages each.

I. Conduct for Video (ZOOM) Conferences

  1. In Oshawa, where a hearing is set to be heard by videoconference, the parties will be able to access the Zoom link in Case Center.
  2. Parties and counsel are to be ready in the Zoom waiting room 15 minutes prior to the scheduled time. In certain centres, court lists are tiered; in those centres, parties and counsel are asked to attend at 9:30 a.m. so that the list can be vetted by the presiding judge.
  3. Hearings that are conducted by video and teleconference are formal court events that replace an in-person attendance. Parties and counsel should conduct themselves as though they were in court. Counsel are expected to educate their clients with respect to appropriate decorum if they are not in the same location for the Zoom call. Counsel and parties are not expected to rise when the judge enters the conference or to stand during submissions. Counsel shall be required to gown based on the same requirements as for an in-person event. No parties or counsel shall be drinking (other than a glass of water), eating or smoking. It is expected that to the extent possible that parties and counsel will be in a separate room as opposed to in their car or out in public. All parties and counsel shall mute their microphones until the judge requests to hear from that person.
  4. For all child protection matters and conferences, parties shall make best efforts to ensure that they are participating in a private space without anyone else present unless the judge grants leave.

J. Information from the Office of the Children’s Lawyer

  1. The Office of the Children’s Lawyer (OCL) will continue to accept referrals including for Voice of the Child reports. Referrals will be assessed for urgency, complexity and the usual intake criteria.
  2. For new matters, the OCL must be served electronically at LegalDocuments@ontario.ca, including service on any other person where a document must be left with the Children’s Lawyer (i.e., where service on a minor is effected by leaving a copy with the Children’s Lawyer). The OCL will still accept limited service by other means such as fax or drop off, especially from self-represented parties who do not have computer access.

K. Information from the Family Responsibility Office

  1. Family Responsibility Office (FRO) matters will be heard in person and shall all be set for 9:30 a.m.
  2. Please refer to the FRO website for the latest information here.

L. Resources for Self-Represented Parties

  1. On-site duty counsel and/or advice counsel is available. Please contact Legal Aid Ontario at the general toll-free number: 1-800-668-8258 for more information.
  2. If parties require assistance from duty counsel, they are asked to contact Legal Aid Ontario before the day of their hearing.
  3. Legal Aid Ontario has advised that summary legal advice services will be available through their telephone lines regardless of financial eligibility, but still subject to subject matter restrictions. Information about access to these services is available here.

Other Resources

  1. For Lawyer Referral Services provided by The Law Society of Ontario: 416-947-3310 / 1-800-268-7568 findlegalhelp.ca
  2. Community Legal Education Ontario (CLEO) is a non-profit organization that has developed a number of family law resources that you may find helpful:
    1. Steps to Justice. This CLEO resource includes practical tools, such as checklists, fillable forms and self-help guides. They have been developed in plain language to assist users with a variety of legal issues. To access these resources go here.
    2. Guided Pathways. CLEO has partnered with the Ministry of the Attorney General to develop an online resource called Guided Pathways to Family Forms. These online, interactive tools help users to complete court forms and understand the court process by taking them through a series of plain-language questions. Based on your answers, the pathways populate the applicable court forms and provide tailored legal information. At the end of the pathway, you will receive a package of their completed forms and a next steps checklist, which may be printed or saved to a computer. Please go here.
  3. The Ministry of the Attorney General has prepared guides to procedures in the Family Court. These guides are available on the Ministry of the Attorney General website here.
  4. To access family court forms visit here.

M. Mediation/ Information and Referral Coordinators

  1. Off-site mediation services are available virtually by videoconference.
  2. On-site mediation is available for certain matters on day of court. Parties wishing mediation should contact the applicable mediation centre or notify the court registrar at the commencement of a hearing.
  3. Mediation by teleconference is not available due to the requirements of screening for domestic violence that must be conducted in-person or by videoconference.
  4. Information and Referral Coordinators (IRCs) from each court location in the region will be available in the near future on-site at the courthouse. Contact information is set out below:
Centre IRC Contact
Barrie & Bracebridge The Mediation Centre of Simcoe County Inc. 705-739-6446 Barrieflic@gmail.com
Newmarket York Hills Centre for Children, Youth and Families 905-853-4816 IRC@yorkhills.ca
Oshawa Durham Mediation Centre 905-579-1988 Info@durhammediationcentre.org
Peterborough Kawartha Family Court Assessment Service705-876-6915 Audrey.lea@flic.kfcas.ca Brenda.kotras@flic.kfcas.ca Alicia.thibadeau@kfcas.ca
Lindsay Kawartha Family Court Assessment Service 705-324-1400 x413 claudette.riley@flic.kfcas.ca kathy.dunne@flic.kfcas.ca alicia.thibadeau@kfcas.ca
Cobourg Kawartha Family Court Assessment Service 905-372-3751 x128 Alicia.thibadeau@kfcas.ca Monica.walsh@flic.kfcas.ca