Ontario Superior Court of Justice · Regional Direction

Family — Central South Region

Practice area  Family (regional direction only)
Region  Central South
Applies to  Brantford, Cayuga, Hamilton, Kitchener, Simcoe, St. Catharines, Welland
Source  Consolidated Practice Direction for the Central South Region
Scraped  2026-05-18

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

GENERAL PROVISIONS —

Effective Date: June 30, 2025, Updated: December 2, 2025

This Practice Direction applies to all proceedings in the Superior Court of Justice, Central South Region, effective June 30, 2025 and replaces all previous Practice Directions or Notices to the Profession, which are hereby revoked. Counsel and parties are also advised to refer to the relevant Parts of the Consolidated Provincial Practice Direction.

Part 1: Presumptive Mode of Hearing

For complete information on the Presumptive Mode of Hearing Guidelines for the Superior Court of Justice Guidelines, please see the Court’s Consolidated Provincial Practice Directions.

  1. The following summary lists the presumptive modes of hearing for matters in the Central South Region (Hamilton, Kitchener, St. Catharines, Welland, Brantford, Cayuga, and Simcoe).
AREA OF RESPONSIBILITY PROCEEDING TYPE IN PERSON VIRTUAL IN WRITING CASE CENTER
CRIMINAL Trial Scheduling/Assignment Courts X
Judicial Pre-Trials (JPTs) usually by teleconference X X
Bail Hearings X X
Bail Reviews *virtual where practical but otherwise in person to be addressed at the time of scheduling X X
Consent Bail Review/Variations X
Detention Reviews X X
Pre-Trial Motions X X
Non-Jury Trials X X
Jury Trials X
Guilty Pleas/Resolutions X X
Sentencing Hearings X X
Summary Conviction Appeals X X
FAMILY & CHILD PROTECTION MATTERS & BINDING JDR R. 39 First Appearance X
Place of Safety Hearings/TBST X
Child Protection Lists X
FRO Lists X
DRO Conference X X
Case Conferences X X
Settlement Conferences X X
Trial Management Conferences with a settlement focus X X
Trial Scheduling Conferences X X
Unopposed/14B/ex parte Motions X
Urgent Motions X
Short Motions (under 1 hour) X X
Contempt Motions X X
Long Motions (over 1 hour) X X
Summary Judgment Motions X X
Temporary Care & Custody Hearings X
Trial Scheduling/Assignment Courts X
Speak to Courts for Trial Sittings X
Family Trials X X
Child Protection trials X
Binding JDR X X
CIVIL Case Conference usually by teleconference X X
Pre-Trials X X
Consent Motions/Unopposed/ex parte X
Short Motions (under 1 hour) in person and hybrid option at Hamilton Sopinka X X
Long Motions/Applications (over 1 hour) X X
Trial Scheduling Assignment Court X
Speak to Court for Trial Sittings X
Non-Jury Trials X X
Jury Trials X

Part 2: Changes to the Presumptive Mode of Hearings

  1. A change to the mode of hearing as noted above must be made to the court no later than 14 days in advance of the scheduled event.
  2. Ultimately, the final determination of how an event will proceed will remain subject to judicial discretion. This will take into account the issues of the proceeding, the expected length of the hearing, the evidentiary record, e.g. self-represented litigants), the need for in person interpreters, and access to technology (including virtual capacity at institutions and courthouses).

B. Family Proceedings

  1. Any party seeking a change to specific family events, may do so by either:
    1. A request to a judge at an appearance or
    2. The filing of a Request for a Virtual Hearing. This form is to be sent to the respective Trial Coordinator’s offices.

  2. Virtual Hearing Request form can be found here: Virtual Hearing Request Form

    NOTE: If a request is granted for a virtual hearing, then the hearing will be virtual and not hybrid. The parties will be advised accordingly.

Part 3: Filing Court Documents

  1. Filing Court Documents shall be in accordance with the requirements set out in the Consolidated Provincial Practice Directions, including naming conventions of electronic material being filed, filing methods, timelines for filing, and maximum length of material being filed, except as outlined in this Practice Direction.

A. Uploading to Case Center

  1. Parties must comply with the requirements regarding uploading material to Case Center as outlined in the appropriate Provincial Practice Direction. This includes timelines for uploading materials in advance of a hearing and material that should not be uploaded to Case Center.
  2. In addition to the requirements outlined in the Provincial Practice Directions, parties are encouraged to consult the material regarding Case Center on the Superior Court of Justice website, available here.

I. Trial Readiness Forms

  1. All counsel are required to comply with the rules with respect to trial readiness forms.
  2. Form 18C — CRIMINAL Trial Readiness Form
FAMILY PROCEEDINGS —

Part 5: Family Proceedings

A. Filings

  1. Counsel and parties in family proceedings are advised to refer to the Consolidated Provincial Practice Direction for Family Proceedings at the Superior Court of Justice, for the filing of court documents and limited filing by email. The Consolidated Provincial Practice Direction is available at: Consolidated Provincial Practice Direction for Family Proceedings at the Superior Court of Justice
  2. The Court will accept limited filing by e-mail at the specific e-mail addresses indicated below in accordance with Family Proceedings Part 1 A 2, Limited Filings by Email of the Consolidated Provincial Practice Direction.Click here for the Limited Filing by Email section

B. Case Conferences

  1. All documents filed must use of font of not less than 12 point and double spacing.
  2. Case Conference Briefs must not exceed 8 pages, plus permissible attachments (as defined below) and additional documents that are required by the Family Law Rules. This 8-page limit includes the brief itself (Form 17A) and any additional pages of facts and/or arguments that are attached to the brief as an appendix or schedule.
  3. Permissible attachments must include only relevant excerpts from the following documents, (not included in the 8-page restriction):
    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. Income or business valuations, pension valuations or real estate appraisals (where the value of property is in dispute);
    4. 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; and,
    5. Domestic contracts, including separation agreements, marriage contracts or cohabitation agreements that are relevant to the issues in dispute.
    6. Support calculations; and,
    7. Terms of recognizance, police report or reports from the Children’s Aid Society, where applicable.
  4. If disclosure is not resolved prior to the Case Conference, any party seeking disclosure must include in their materials a list of the outstanding disclosure (not included in the 8-page limit).
  5. All documents filed must be uploaded to Case Center at least three (3) days prior to the event.

C. Dispute Resolution Officer (DRO) Case Conferences

  1. The DRO Program is up and running for Case conferences on all Motions to Change files in:
    • Hamilton Family,
    • Kitchener,
    • St. Catharines,
    • Welland
  2. On consent, parties may also appear for a case conference before a Dispute Resolution Officer on regular applications. Counsel may reach out to the respective Trial Coordinator office to receive available dates and times or a date can be set at the First Appearance Court.

D. Settlement Conferences

  1. Settlement Conference Briefs must not exceed 12 pages, plus permissible attachments (as defined in the Case Conference section above) and additional documents required by the Family Law Rules. This 12-page limit includes the brief itself (Form 17C) and any additional pages of facts and/or arguments that are attached to the brief as an appendix or schedule.
  2. Parties must serve, file and uploaded a Trial Scheduling Endorsement Form with their Settlement Conference briefs.
  3. If the case has not settled at the conclusion of the settlement conference, the court shall determine if the Trial Scheduling Endorsement Form can be completed at the conference or shortly thereafter and shall give directions to the parties regarding the completion of this form.
  4. If a Trial Scheduling Conference is scheduled at the Settlement Conference and an order is made by the judge that UPDATED Trial Scheduling Endorsement Form (TSEF) are to be completed, these shall be served and filed.

E. Trial Scheduling Conferences

  1. If necessary, the Court may require the parties to attend a trial scheduling conference to canvass issues regarding the scheduling of the trial and ensure proper completion of the Trial Scheduling Endorsement Form. Unless the parties receive direction from the court otherwise, each party shall complete and file their portion of the Trial Scheduling Endorsement Form with the court in advance of a trial scheduling conference in accordance with the timelines in rule 17(13.1).
  2. A trial scheduling conference’s purposes include (i) ensuring that the case is ready to proceed to trial, (ii) considering each party’s list of proposed witnesses, and (iii) ensuring the accuracy of the estimated time for trial. Consideration should also be given to other conditions that would be appropriate under subrule 1(7.2) to limit the duration and scope of the trial.
  3. A trial date will not be made available until the court has reviewed and endorsed the complete Trial Scheduling Endorsement Form.
  4. All documents filed must be uploaded to Case Center at least three (3) days prior to the event.

F. Form 14B Motions

  1. Rules 14(4.2) and (10) of the rules provide that motions are permissible before a case conference if the request for relief is limited to “procedural, uncomplicated or unopposed matters”. In most cases, relief should be requested using 14B Motion Form
  2. In order to assist counsel and parties in making the best use of available conference time, the Superior Court will encourage greater use of Form 14B motions whenever it will make the case conference process more effective. Form 14B motions allow parties to address certain threshold issues prior to the case conference and are designed to streamline conferencing in family law proceedings. Such motions are limited to procedural, uncomplicated or unopposed matters that will promote the concept of fewer, but more meaningful case conferences.
  3. Before a case conference is held, lawyers and self-represented litigants are strongly encouraged to use Form 14B to obtain any orders that are needed to make the case conference productive. Examples of appropriate orders include: a. orders of either a procedural or substantive nature that are on consent, or unopposed; b. a request for the appointment of the Office of the Children’s Lawyer; c. orders to add a party or obtain discovery from a third party; d. orders for production of documents, permission for questioning or other issues pertaining to discovery; e. enforcement of an order to provide information, produce a document or serve and file a financial statement or other document; f. any other procedural order or direction needed to promote a meaningful case conference.
  4. Motions that are without notice, on consent or unopposed will be determined by a judge in chambers, unless the court directs otherwise.

G. Urgent Family Motions

  1. Family motions which require immediate access to the court and for which it is impractical to follow the standard procedures arise in three contexts:(a) Motions without notice (ex parte);(b) Urgent motions to be heard prior to a case conference;(c) Urgent Short notice after a case conference has been held.
  2. A motion without notice is brought pursuant to Rule 14(12) of the Family Law Rules and only permissible where:(a) The nature or circumstances of the motion make notice unnecessary or not reasonably possible;(b) There is an immediate danger of a child’s removal from Ontario, and the delay involved in serving a notice of motion would probably have serious consequences;(c) There is an immediate danger to the health or safety of a child or of the party making the motion, and the delay involved in serving a notice of motion would probably have serious consequences;(d) Service of a notice of motion would probably have serious consequences.
  3. If a court order is necessary to preserve life, the health or safety of a child or the party, liberty, property or to address the immediate danger of a child’s removal from Ontario and time is of the essence, a party may request that a motion be heard immediately, without notice (Rule 14(12)), prior to a case conference (Rule 14(4.2)) or on short notice (Rule 3(5)).
  4. The Emergency Motion Request Form must be fully completed and submitted to the Filing Office along with the Notice of Motion, the Affidavit in support of the motion and an affidavit of service if applicable. Requests submitted after 4:00 p.m. may not be reviewed until the following business day. This form is not to be submitted through the JSO portal as it will not be accepted.
  5. Requests are to be made by e-mail to the respective Filing Offices:
  6. The Affidavit submitted in support of the motion should include sufficient detail, including particulars about why the matter is urgent and enough background information for the judge to understand the context and circumstances in which the request arises. Litigants who are representing themselves are encouraged to seek legal advice.

H. Materials for Motions

  1. Short Motions can be argued in less than an hour, excluding time for a judge to render a decision.
  2. Long Motions are for motions expected to be more than one hour.
  3. In accordance with the Provincial Practice Direction, 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:
    • 12 pages of narrative for short or regular motions, and
    • 20 pages of narrative for long motions.
  4. 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 page limit.
  5. 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).
  6. Except for motions arising from the wrongful removal or retention of a child, 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 12 pages of narrative. This limit does not include third party and reply affidavits, where required, which shall not exceed 5 pages each, or affidavits relating to a party’s financial statement in accordance with Rule 13(12)(b).
  7. In addition, exhibits to each party’s affidavit shall be limited to only the necessary and relevant evidence and are generally expected not to exceed 10 pages.
  8. Leave is required to file documents beyond these restrictions which will only be granted in exceptional circumstances
  9. A factum (or Summary of Argument) is required on all long motions except as noted otherwise. Except with leave of the court, factums are limited to 20 pages.See Provincial Practice Direction Section F Motions — Consolidated Provincial Practice Direction for Family Proceedings at the Superior Court of Justice
  10. All documents filed must be uploaded to Case Center at least three (3) days prior to the event. Parties are required to submit draft orders as a separate attachment with their motion materials.

I. Scheduling Short and Long Family Motions at Hamilton Family, Kitchener, St. Catharines and Welland

  1. The notice of motion shall indicate any Wednesday as the hold date for the hearing date. Confirmations are required 3 days before the hold date.
  2. For short motions which can be argued in less than 1 hour, the Trial Coordinator will provide a date for the hearing, and the original Wednesday hold date will then be vacated.
  3. For long motions which require more than 1 hour, the motion will be scheduled by the Trial Coordinator for a week of.
  4. Prior to the week assigned, a further confirmation is required no later than Thursday prior to the Monday. The confirmation shall include issues to be decided, list of materials relied upon and availability of counsel during the week.

J. Scheduling Short and Long Family Motions at Brantford, Cayuga and Simcoe

  1. Short family motions at Brantford, Cayuga and Simcoe are to be heard on the designated days at 10:00 a.m. as follows:
  2. Brantford Superior Court designated Fridays (contact the Trial Coordinator for specific dates)
  3. Cayuga Courthouse designated Tuesdays (contact the Trial Coordinator for specific dates)
  4. Simcoe Courthouse designated Thursdays (contact the Trial Coordinator for specific dates)
  5. Long family motions are to be returnable on any designated motion day. A confirmation must be filed at least 3 days before the date set. The motion will then be scheduled by the Trial Coordinator for a week of.
  6. Prior to the week assigned, a further confirmation is required no later than Thursday prior to the Monday. The confirmation shall include issues to be decided, list of materials relied upon and availability of counsel during the week.

K. Family Confirmations

  1. A Confirmation (Form 14C & 17F) must be filed:
    • By all parties no later than 2:00 p.m., three (3) days before the hearing or conference.
  2. The parties or their counsel should consult with each other prior to filing their Confirmations unless the parties are self-represented and prohibited from communicating by court order.
  3. Where a Confirmation has not been filed by either party, the motion or conference may not proceed.
  4. The Confirmation must list only the specific issues that are to be decided at the event. It should also indicate which materials the judge should review with clear reference to the specific volume, tab and page numbers.
  5. Referring to “all” prior affidavits or documents is not appropriate and will be ignored. Referring to documents that the party does not intend to refer to in submissions is discouraged and may be a factor in determining costs.
  6. For long motions, the confirmation shall list the all the materials of all parties related to the motion and any cross motions in chronological order.
  7. The Confirmation must also include an appropriate time estimate for submissions on all issues in the motion including time required by the other party. If a party chooses not to make submission on an issue, the court is entitled to consider that the party has abandoned that specific issue.
  8. Parties are to note in the confirmation subject line: CONFIRMATION, 17F or 14C — Court file Name and Number.
  9. Confirmation forms are to be sent to the respective Trial Coordinator’s Offices as follows:
  10. Confirmations shall be upload to the respective Case Center bundle once filed with the Trial Coordinator’s office. This is mandatory.
GENERAL PROVISIONS —

Part 6: Trials

A. Short Trials

  1. A short trial is a trial that will take 20 court days or less.

B. Court Schedule

  1. Each court location in the region holds trial sittings at different times throughout the calendar year. The trial sittings are listed in each local calendar of courts. Please contact the local Trial Coordinators Office.

C. Trial Readiness Court

  1. Cases that have been placed on the trial list will be deemed ready to proceed. Parties must file their trial readiness form no later than 3 days before the Trial Readiness Court. Trial Readiness Courts are held in advance of each trial sittings. The trial sittings are listed in each local calendar of courts. Please contact the local Trial Coordinators Office.
  2. Counsel and parties have a duty to inform the trial coordinator of any pertinent information that may affect the trial (e.g. a case has settled or a change has occurred that will affect the status of the trial).

D. Trial Adjournment Requests

  1. Any request for an adjournment of the trial must be communicated to the trial coordinator immediately. An adjournment can only be granted by order of a judge, even if all parties consent to the adjournment.

E. Long Trial Sittings

  1. All trials which are expected to last longer than 20 days are deemed to be long trials.
  2. There are two long trial sittings each year in the Central South Region, usually in March (usually commencing just after the March School Breaks) and in October. These dates are listed in the Central South Region’s Regional Court Calendar.
  3. Any matter placed on the long trial list is given a fixed date to commence and a judge will be made available to hear the matter in its entirety. Once a matter is placed on the long trial sittings list and a trial date is fixed, adjournments are rarely granted without significant costs ramifications.
  4. All family cases requiring more than 20 days for trial must be referred to the Office of the Regional Senior Judge for possible assignment to a Long Trial. Where a judge determines that a matter should be referred to the long trial list, the judge will endorse the Trial Record and the Trial Scheduling Endorsement Form accordingly and forward the Form to the Office of the Regional Senior Judge.
  5. The Office of the Regional Senior Judge will arrange a conference call with all parties or their counsel to assign the case to a particular long trial sittings, may order a schedule to be followed to ensure that the case is ready to proceed on the sittings to which it has been assigned and schedule a trial management conference to be held before the trial date.
  6. All requests for an adjournment of a trial on the long trial list, including a consent adjournment, must be made to the Regional Senior Judge or his/her designate who will decide if a formal motion is necessary.
FAMILY PROCEEDINGS —

Part 7: Binding JDR — Rule 43 of the Family Law Rules

  1. Binding JDR is available in appropriate cases throughout the Central South 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.

    Email Addresses to file Binding JDR Confirmations:

GENERAL PROVISIONS —

Part 8: Mediation

Affordable, court-connected mediation services are available at all Superior Courts. Contact information for local mediation service providers is available Home – AXIS Family Mediation Inc. Referrals to private family mediation services are also available through professional organizations such as OAFM and FDRIO. Parties are encouraged to consider using family mediation services to attempt to resolve their disputes. Contact your local mediation service-provider for information about these services including whether mediation is appropriate in the circumstances.

Part 9: Courthouse Specific Procedural Notices

For information on local notices or forms please email your local Trial Coordinator’s Office.

A. Hamilton Family Court

-Notice to the Profession Mediation Initiatives and Conference Adjournments – Conference Adjournment Request Form

B. Kitchener

-Uncontested Trial Procedure

C. St. Catharines

-Monthly TBST Court, Monthly Consent and Resolution Court and Trial Readiness Court

D. Welland

-Monthly TBST Court and Trial Readiness Court

E. Hamilton Sopinka

-Administrative Direction Regarding Guilty Pleas in Hamilton SCJ

Pre-Trial Conference Report Forms

  1. To make pre-trial conferences productive, counsel and any self-represented party must, at least seven days in advance of the pre-trial conference, consult and fill out a Rule 50.08 Pre-Trial Conference Report form (or a Rule 76 Report to the Trial Judge form) with the required information respecting witnesses and any other portions of the Report on which the parties agree. For example, that summaries of the proposed evidence of witnesses or opening statements will be exchanged. — Rule 50.08 Form / Rule 76 Form
  2. After the parties have consulted, and completed the Report, it must be filed and uploaded to Case Center at least 5 days before the pretrial.
  3. The fact that the parties agree on certain matters does not bind the pre-trial conference judge to accept the agreement with respect to the process to be followed or the completion of the Report.
  4. All documents filed must be uploaded to Case Center at least five (5) days prior to the event.
  5. Pre-trial dates will, where possible, be scheduled within 120 days of the trial date or the commencement of the sittings.
  6. The parties must comply with the provisions of R. 53.03 with respect to expert reports and deliver the Certificate referred to in R. 50.03. Failure to deliver all expert reports at least 90 days prior to the pre-trial will likely attract costs sanctions and other directions and terms may be imposed by the pre-trial judge including an order prohibiting expert testimony by any expert whose report was not served in compliance with this Rule.