[Please be advised that the information provided is not to be constituted as legal advice] The best way to resolve any matter is by way of settlement. You will always be happier with the decisions that you made than a decision that is made for you. During a family law matter, settlement can arise in the following ways: Negotiation with your partner’s lawyer resulting in a settlement. After some judicial intervention, the parties’ resolve the matter by way of separation agreement or a final consent order. To maximize your position during the negotiation phase, we take the following steps: Prepare you for negotiations, we work with…

[Please be advised that the information provided is not to be constituted as legal advice] Alternative dispute resolution (ADR) is the resolution of disputes by means other than traditional litigation. In family law, ADR generally involves participation in one or more of the following: Mediation Arbitration Mediation-arbitration MEDIATION Mediation is a method of dispute resolution whereby the parties retain a third-party professional to assist them in reaching an agreement. The mediator’s role is to listen to both parties and try to help them reach their own agreement. The purpose of mediation is to assist the parties to accept the realities of their respective situations, understand the underlying interests…

[Please be advised that the information provided is not to be constituted as legal advice] In Ontario, we have three courts that deal with Family Law Matters. The Family Court of The Superior Court of Justice, also called Superior Court of Justice (Family Court). The Superior Court of Justice The Ontario Court of Justice. The Superior Court of Justice (Family Court) The Family Court of the Superior Court of Justice is a specialized court that deals with all aspects of family law. The Superior Court of Justice In the family law context, this court deals with the issues of property, divorce, custody and access, and support. It does…

[Please be advised that the information provided is not to be constituted as legal advice] Application: A person starting a case files a document called an application.” An application may contain a claim against more than one person and more than one claim against the same person. It allows the claimant, called the applicant, to seek relief by checking off one or more boxes under various applicable legislation and requires him or her to set out the grounds for such claims. Financial Statement: In the event an applicant seeks property, spousal support, or child support involving a s. 7 expense or where…

[Please be advised that the information provided is not to be constituted as legal advice] The Case Conference is the most important step in Family Law Litigation. A Case conference allows you and your lawyer to hear the judge’s perspective on your case at an early stage. The primary goal at the case conference is to reach an agreement on the outstanding issues. By reaching an agreement, you may be able to avoid expensive motions and move directly to a settlement conference. The purpose of a case conference is set out in the Family Law Rules. Exploring chances of settling the case, at the…

[Please be advised that the information provided is not to be constituted as legal advice] There are three types of motions that can be commenced by one party: With Notice Motions Without Notice Motions Procedural Motions With Notice Motion In the event that parties cannot come to temporary agreement at a case conference; one party may commence a motion for temporary relief. To move by way of a motion, the parties must file a notice of motion and a supporting affidavit. It is important for parties to look at the practice direction for the region that the proceedings have commenced in so that the parties can satisfy…

[Please be advised that the information provided is not to be constituted as legal advice] After the parties have completed a case conference, the next step is usually a settlement conference. The purpose of a settlement conference is the following: exploring the chances of settling the case settling or narrowing the issues in dispute ensuring disclosure of the relevant evidence settling or narrowing any issues relating to any expert evidence or reports on which the parties intend to rely at trial noting admissions that may simplify the case if possible, obtaining a view of how the court might decide the case considering any other matter that may help…

[Please be advised that the information provided is not to be constituted as legal advice] A trial management conference is usually held a month or less before the trial starts. The main purpose of the Trial Management Conference is to ensure that the trial runs efficiently with as few surprises as purposes can be described as: exploring the chances of settling the case arranging to receive evidence by a written report, an agreed statement of facts, an affidavit or another method, if appropriate deciding how the trial will proceed exploring the use of expert evidence or reports at trial, including the timing requirements for service and…