assignment court family law ontario

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I have a family court date in the Ontario Court of Justice. What should I do?

Check here for updates from the Ontario Court of Justice: www.ontariocourts.ca/ocj/ .

The OCJ also has a guide with more information about how family cases are being heard: https://www.ontariocourts.ca/ocj/notices/scheduling-of-family-matters/ .

The Ontario Court of Justice (OCJ) deals with family matters:

• in person in court,
• virtually, either by video or phone,
• or a mix of in person and remote.

Starting October 10, family cases are heard as follows:

Family Responsibility Office (FRO) issues are heard as follows:

Child protection issues are heard as follows:

If you're not sure how your issue will be heard, contact your local court .

The OCJ has a guide on how to prepare for court. It has specific information on each type of hearing – in person, phone, and virtual. And here are some tips on how to behave in court for an in-person  your hearing.

Virtual hearings

A virtual hearing is held by video and is called a videoconference. They use a free software called Zoom that is available on a web browser or can be downloaded on your phone, tablet, or computer.

You should get the Zoom meeting details for a first appearance when your Application is issued . For other hearings, you should receive an email with instructions on how to join the remote hearing and the day and time of your hearing. If you don't have this information, contact your local court before your court date.

Some things to keep in mind for your remote hearing:

• Test your internet connection ahead of time.
• Try and use a device with a camera, such as a computer, tablet, or smart phone.
• Make sure your computer is charged and that you have a charger close by.
• Find a quiet space with good lighting and a suitable background.
• Use a headset, if possible.
• Log in to your hearing 15 minutes early.
• Your screen name should be your given name and last name.
• Raise your hand when you want to speak.
• Speak slowly and clearly.
• Mute your microphone when you're not speaking.

If you have problems during the hearing, for example, you can't hear the judge or the other party , raise your hand to let the judge know. If you get disconnected, try to join again.

Phone hearings

You should receive instructions on how to join your phone hearing, and the day and time of your hearing. If you don't get this information before your court date, contact your local court .

Some things to keep in mind for your phone hearing:

• Call in to your hearing at least 10 minutes early.
• Find a quiet space.
• A landline is better than a cell phone. If you're using a cell phone, put it on silent mode until your hearing starts. This way your phone notification sounds don't disturb the hearing.
• Don't use speakerphone or put the call on hold, as the sounds may disturb the hearing.
• Before you speak, say your name for the record.

If there's a problem with your phone connection or you can't hear the judge or the other party, let the judge know. If you get disconnected, try to call again.

In-person hearings

COVID-19 screening is no longer required to enter a courthouse. But you should still check to see if you have any COVID-19 symptoms. You can use the government's screening tool but you don't have to show the results when you get to court.

Contact your local court for more information.

Court lists

The court posts a list of cases they're hearing for the current day and next day on their website. After selecting your municipality, legal area, for example, family, civil, or criminal, and court location, you get a list. The list includes the:

• name of the party
• case number
• room number
• reason for the court appearance, for example, motion, case conference, or pre-trial

These lists are updated at least once daily at 8 a.m. This means your case might not be on the list if, for example, your case is to be heard by affidavit evidence only, or was added to the list after 8 a.m.

Court filings

You can file your documents:

• Online using the  Justice Services Online website : Read the question How do I file court forms for my family law case online? for more information.
• By email to your local court: The list of email addresses for each court can be found at www.ontariocourts.ca/ocj/covid-19/courthouse-email-addresses/ . Read the question How can I file forms and documents in my family law case?
• In person at your local court : If you can't file online or by email, contact your local court to find out the court hours for when you can file documents in person at court.

Legal Aid Ontario

You can get summary legal advice and duty counsel services over the phone from Legal Aid Ontario (LAO) at 1-800-668-8258 or, in Toronto, at 416-979-1446.

Each family court location in Ontario offers subsidized mediation services . You can get up to 8 hours of mediation for a fee that is based on each person's income and number of dependents. Fees start as low as $5 per hour. And if you have a court case, you can get up to 2 hours of mediation for free.

Contact service providers for an appointment or more information.

Steps to Justice Partners

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Family Law Rules, O Reg 114/99

• Versions (49)
• Enabling statute (1)
• Amendments (0)
• Cited by 

Current version: in force since Jan 15, 2024

• Bilingual Proceedings , O Reg 53/01
• Case Management Masters - Qualifications , O Reg 535/96
• Designation of Regions , RRO 1990, Reg 186
• Duties of Clerks and Bailiffs of the Small Claims Court , RRO 1990, Reg 188
• Family Law Rules , O Reg 114/99
• Framework Agreement on Judges' Remuneration , O Reg 407/93
• Number of Judges , O Reg 502/99
• Provincial Judges' Pension Plan , O Reg 290/13
• Publication of Postjudgment and Prejudgment Interest Rates , O Reg 339/07
• Remuneration of Deputy Judges , O Reg 161/08
• Rules of Civil Procedure , RRO 1990, Reg 194
• Rules of the Court of Appeal in Appeals Under the Provincial Offences Act , O Reg 721/94
• Rules of the Ontario Court (General Division) and the Ontario Court (Provincial Division) in Appeals Under Section 116 of the Provincial Offences Act , O Reg 723/94
• Rules of the Ontario Court (Provincial Division) in Appeals Under Section 135 of the Provincial Offences Act , O Reg 722/94
• Rules of the Ontario Court (Provincial Division) in Provincial Offences Proceedings , RRO 1990, Reg 200
• Rules of the Small Claims Court , O Reg 258/98
• Salary and Benefits of Case Management Masters , O Reg 485/16
• Small Claims Court Jurisdiction , O Reg 626/00

Repealed, Spent or Not in Force

• Bilingual Proceedings , RRO 1990, Reg 185
• Bilingual Proceedings: Additions to Schedules 1 and 2 of Section 126 of the Act , O Reg 922/93
• District of Algoma Civil Case Management Rules , RRO 1990, Reg 187
• Essex Civil Case Management Rules , RRO 1990, Reg 189
• Essex Family Case Management Rules , O Reg 334/02
• Family Case Management Rules for the Superior Court of Justice in Toronto , O Reg 655/00
• Family Court Rules , RRO 1990, Reg 202
• Interim Salaries and Benefits of Case Management Masters , O Reg 45/12
• Money Paid Into Court , RRO 1990, Reg 190
• Rules of the Ontario Court (Provincial Division) in Family Law Proceedings , RRO 1990, Reg 199
• Salaries and Benefits of Masters , O Reg 68/92
• Salaries and Benefits of Provincial Judges , O Reg 67/92
• Small Claims Court Jurisdiction , O Reg 92/93
• Territorial Divisions For The Small Claims Court , RRO 1990, Reg 206
• Toronto Family Case Management Rules , O Reg 704/91

No amending legislation available on CanLII

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File family court documents online

Learn how to file family court documents online – without having to go to court. You can file for a divorce, parenting orders, support, division of property and other family court orders.

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How it works.

You can submit a request to file family court documents to the Ontario Court of Justice , Superior Court of Justice , including the Family Court Branch of the Superior Court of Justice and the Divisional Court of the Superior Court of Justice (but not the Ontario Court of Appeal ).

After you submit your family court documents, court staff will notify you within 5 business days if your documents have been accepted or rejected for filing with the court.

Filing your family court documents online may not be the right choice for you, depending on your circumstances. Contact a lawyer for more information and advice.

What you can file online

You can submit most family court documents online, including to:

• apply for a simple or joint divorce
• start or answer an application for things like child support, spousal support, or division of property
• attend a family conference
• make or respond to a motion
• bring a motion to change a final court order or agreement for things like child support
• register a domestic contract, such as a separation agreement, for support enforcement
• file documents in a child protection case
• request a fee waive r certificate
• bring an appeal to the Superior Court of Justice or the Divisional Court of the Superior Court of Justice

Get help before you file

Contact a lawyer.

It’s best to contact a lawyer before filing documents online or in court. A lawyer knows what documents you must file at every step in a case, as set out in the  Family Law Rules or any court Notices and Practice Directions. A lawyer can provide advice on your options and legal risks, the evidence that should be provided to the court for your case and the consequences of failing to provide the required information or follow court procedure.

If you need to contact a lawyer, you can find one through:

• The Law Society Referral Service
• Legal Aid Ontario

Get free online help to complete your court forms

Community Legal Education Ontario ( CLEO ) has a free online tool to help you complete your court forms .

The  Family Law Guided Pathways  asks you questions and puts your answers into the required court forms. When you’re finished, you can save or print your completed forms before filing them online.

You can also find more information about family law on  CLEO’s   Steps to Justice website .

How to file online

Before you file online, make sure you complete, sign and date all required documents according to:

• the Family Law Rules
• relevant requirements from the Ontario Court of Justice
• relevant requirements from the Superior Court of Justice

In some circumstances, you must also swear or affirm an oath in front of a notary public or commissioner of oaths that your documents are true.

Find official up-to-date forms .

Deadline to apply online

You cannot submit documents online:

• to request an urgent hearing
• for a court date that is 5 business days or less away (for example, if you are attending court on Tuesday, January 9, you can submit documents online up to and including Monday, January 1)
• if you need to meet a deadline established by legislation, court rules, court practice direction or a court order that is 5 business days or less away

If you cannot submit online, file your documents in person at the courthouse or by email in accordance with the Family Law Rules and any orders, Notices and Practice Directions issued by the Ontario Court of Justice and the Superior Court of Justice .

Before you file online

Before you file, make sure you have:

• an online  My Ontario account
• all your documents completed, signed, dated, commissioned as required and saved as individual PDFs or in Word ( .docx ) format
• your Visa, Mastercard or debit card, if there are filing fees in your case
• your court file number, if you are filing documents for an existing case

You need Adobe  Acrobat® Reader version  5.0 (or higher) installed on your computer to complete these forms.

The cost to file documents online is the same as the cost to file documents in person at a courthouse. For the:

• Ontario Court of Justice there are no filing fees
• Superior Court of Justice (including the Family Court Branch and the Divisional Court of the Superior Court of Justice ) there may be filing fees, depending on the claims in your case and the documents you are filing

You must use  Visa, Mastercard or debit cards to pay filing fees online.

If you can’t afford to pay the fees in your case, you can ask the court to waive the fees by requesting a fee waiver certificate.

File your documents

Your session will expire if you’re inactive for 15 minutes. Your information will not be saved.

Family court forms are public documents. The information you provide in the forms can be viewed by the public whether you file in-person or online. Learn more about  public access to family court files  or  find a family court location .

Be careful when entering personal information online, where people can see and/or capture it on camera. Try not to open an online account or enter your password in public – and if you are in public, shield any forms you are completing.

Keep copies of your documents

You should keep a copy of all your documents for your records. After you submit your documents online, you cannot view the documents online.

After you submit your documents online

You will receive confirmation that your documents have been submitted but not yet filed with the court. Take a screenshot or print a copy of this screen for your records.

Court staff will review your documents within 5 business days to determine if they are accepted or rejected for filing with the court. If your documents are:

• accepted, you will receive an email confirming your documents have been filed
• rejected, you will receive an email stating your documents have not been filed, the reasons for the rejection and confirming your credit or debit card has not been charged

If your documents are rejected, you can address the reason(s) for the rejection by revising your documents and resubmitting the revised documents together with any applicable court filing fee(s) to the court.

If the court issued your document, you will receive the issued document by email.

If you have any questions about your specific case, contact the court office where your documents were submitted or filed. You can find a list of courthouse addresses and phone numbers here .

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Rights of Appearance

Except in the circumstances set out on this page or the Rights of Appearance for Law Students page, or as otherwise specifically permitted by law, law students, lawyer licensing process candidates, and any other law school graduates who are not licensed to practise law are not permitted to appear before Ontario courts or tribunals.

Ontario courts and tribunals control their own processes. Although these Rights of Appearance set out certain matters for which the Law Society’s governing legislation and by-laws permit lawyer licensing process candidates and law students to appear, it is always advisable to (i) consult any applicable enabling legislation and the rules of practice or procedure of the court or tribunal in question or (ii) contact the court or tribunal in advance to obtain express permission whenever possible.

Table of contents

Student or candidate status.

I.       Articling Students, Law Practice Program and Programme de pratique du droit Students, and Candidates Working Under an Approved Supervision Agreement II.      Integrated Practice Curriculum Students III.     Law Students Enrolled in an Accredited Canadian Law School IV.     Lawyer Licensing Process Candidates Who Are Not Serving Under Articles of Clerkship and are Not in a Work Placement at the LPP or PPD

Details of Rights of Appearance

V.     General Guidelines for All Appearances VI.    Civil Law Matters (Except Family Law Matters) VII.   Criminal Law Matters VIII.  Family Law Matters (Including Family Law Pilot Project) IX.    Administrative Law Matters Before Tribunals X.     Federal Court Matters

I. Articling Students, Law Practice Program and Programme de pratique du droit Students, and Candidates Working Under an Approved Supervision Agreement

A candidate who is registered in the Law Society of Ontario’s Lawyer Licensing Process may appear before Ontario courts and tribunals on certain matters if the candidate is employed or works under the direct supervision of a licensed lawyer in one of the following three circumstances:

Candidates in these three categories have the same rights of appearance. Candidates in these categories appearing before a court or tribunal must identify their status accurately. For example, they may identify themselves as

• a “student-at-law” or “Law Society of Ontario licensing process candidate” if in category (a), (b), or (c);
• an “LPP student,” “PPD student,” “Law Practice Program student,” or “Programme de pratique du droit student” if in category (b); or
• an “articling student” if in category (a).

II. Integrated Practice Curriculum Students

Students who are enrolled in an Integrated Practice Curriculum (IPC) program and are currently engaged in their work placement term have the same rights of appearance as those granted to lawyer licensing process candidates in the three categories above.

Students who are enrolled in an IPC program but who are not at the time engaged in their work placement term have the same rights of appearance as other law students who are currently enrolled in an accredited Canadian law school.

IPC students appearing before a court or tribunal must identify their status accurately. For example, they may generally identify themselves as a “law student,” but when they are appearing while engaged in their work placement term, they may identify themselves as an “IPC student” or an “Integrated Practice Curriculum student.”

For information on the rights of appearance when not engaged in a work placement term, refer to the Rights of Appearance for Law Students  page.

III. Law Students Enrolled in an Accredited Canadian Law School

A law student who is enrolled in an accredited Canadian law school may appear before Ontario courts and tribunals on certain matters if the law student is employed or works under the direct supervision of a licensed lawyer.

Law students appearing before a court or tribunal must identify their status accurately. For example, they may identify themselves as a “law student” or “summer student.”

For more information, refer to the  Rights of Appearance for Law Students  page.

IV. Lawyer Licensing Process Candidates Who Are Not Serving Under Articles of Clerkship and are Not in a Work Placement at the LPP or PPD

Candidates who have completed the experiential training program (either by completing articles, the Law Practice Program, the Programme de pratique du droit, or the IPC) or have been approved for an exemption from the experiential training program requirement (but are not yet lawyer licensees) are prohibited from providing legal services that may only be provided by a lawyer and from holding themselves out as a lawyer until they become licensed to practise law in Ontario.

Candidates who have completed their experiential training program and wish to provide legal services under the direct supervision of a licensed lawyer (including appearing before Ontario courts and tribunals) pending licensure may do so following the Law Society’s approval of a  Supervision Agreement .

Candidates must follow the instructions and timelines on the form of Supervision Agreement in order to seek approval.

Candidates must not provide legal services until their Supervision Agreement has been approved by the Law Society. Candidates are only permitted to provide legal services under an approved Supervision Agreement during the term specified on the approved Supervision Agreement. Once the Supervision Agreement has been approved, it will appear in the “My Submitted Documents” section of the candidate’s online Law Society account.

Supervision Agreements will generally be approved for a period of up to four months. Candidates who wish to provide legal services after the term approved in their Supervision Agreement must file a new Supervision Agreement and seek approval for a proposed new term. Candidates who have completed their experiential training program must not provide legal services during any period when there is no Supervision Agreement in place.

A supervising lawyer may directly supervise no more than two lawyer licensing process candidates at any one time (regardless of whether the candidates are serving under Articles of Clerkship or a Supervision Agreement). Supervising lawyers must ensure that all clients on whose behalf a candidate provides legal services are the clients of the supervising lawyer and must accept full responsibility for all legal services provided by candidates. Prior to accepting a retainer in which a candidate serving under a Supervision Agreement will be providing legal services to a client, a supervising lawyer must advise the client of the arrangement between the candidate and the supervising lawyer and the reason for the arrangement. 

Without limiting the generality of the foregoing, a candidate awaiting licensure as a lawyer in Ontario must not

• give legal opinions;
• sign letters or documents that properly require a lawyer’s signature (e.g., letters that contain a legal opinion and/or legal advice);
• make appearances in court that may be made only by a lawyer;
• allow the candidate to be referred to as a lawyer; or
• fail to clearly correct anyone who appears to the candidate to be of the mistaken belief that the candidate is a lawyer. 

The above restrictions prohibit candidates from having their names submitted for publication in telephone directories, law lists, etc. until they have been called to the bar. Similarly, a candidate’s name may not appear on any sign, letterhead, business card, etc. that holds the candidate out as qualified to practise law in Ontario until the candidate has been licensed to practise law in Ontario. Candidates must take all reasonable steps to correct any posting (such as a client testimonial) of which they become aware that refers to them as a lawyer.

Details of Rights of Appearance 

Articling students, students engaged in the LPP/PPD work placement term, IPC students engaged in their work placement term, and candidates working under an approved Supervision Agreement may appear before Ontario courts and tribunals on certain matters, which are set out in non-exhaustive lists below.

V. General Guidelines for All Appearances

• the attendance of the articling principal or supervising lawyer is not necessary to secure the client’s rights or assist the court (or for any other reason);
• the candidate or student is adequately supervised;
• the matter is appropriate for the candidate’s or student’s training, experience, and ability; and
• the candidate or student is properly prepared.
• Students, candidates, supervising lawyers, and articling principals must comply with the relevant provisions of the Law Society’s  By-law 4 and By-law 7.1 .
• Candidates, supervising lawyers, and articling principals must comply with the  Rules of Professional Conduct .
• Ontario courts and tribunals control their own processes regarding who may appear before them. Although the Law Society’s Rights of Appearance sets out certain matters for which the Law Society’s governing legislation and by-laws permit candidates and students to appear, the Law Society strongly recommends that students, candidates, articling principals, and supervising lawyers consult any applicable enabling legislation and rules of practice or procedure of the court or tribunal in question, or contact the court or tribunal in advance, to obtain express permission whenever possible.
• Licensees supervising students who are not candidates or IPC students engaged in their work placement term but are enrolled in a degree program at a Canadian law school accredited by the Law Society must also review the Rights of Appearance for Law Students  for additional information regarding the tasks that may be delegated to law students.

VI. Civil Law Matters (Except Family Law Matters)

• Consent motions and other matters on consent, including references and assessments of costs (with the exception of those set out in section VI.2. below). 
• Matters brought without notice to the opposing party before the Ontario Court of Justice and before the Associate Judges and Registrars of the Superior Court of Justice, provided no substantial rights of the parties will be affected.
• Simple contested interlocutory motions before the Ontario Court of Justice and before the Associate Judges and Registrars of the Superior Court of Justice, unless the result of such interlocutory motion could be to finally dispose of a party’s substantive rights by determining the subject matter in dispute.
• Motions to dismiss an action, on behalf of a responding party only, if such relief is merely alternative to the primary relief sought on the motion, and if there is no reasonable prospect that dismissal of the action will be ordered. 
• Subject to the discretion of a judge of the Superior Court of Justice, on the passing of accounts in estate matters.
• Examinations for discovery, examinations in aid of execution, examinations of witnesses on pending motions and cross-examinations on affidavits in support of interlocutory motions.
• Assignment court matters.
• Matters before the Small Claims Court, including pre-trial conferences. 
• Consent motions and other matters before a Registrar at the Court of Appeal for Ontario.
• Status hearings in the Superior Court of Justice.
• With respect to section VI.1.iii., candidates should only appear on matters that are truly interlocutory in nature. The question of whether a matter is interlocutory or final in nature is a matter of law.
• Motions for certificates of pending litigation.
• Interlocutory injunctions brought without notice to the opposing party.
• Contested motions to strike pleadings on the ground of no reasonable cause of action or defence (except as set out in section VI.1.iv.).
• Contested motions for summary judgment, default judgment, or dismissal on any ground (except as set out in section VI.1.iv.).
• Pre-trial conferences (except as set out in section VI.1.viii.).
• Motions before a judge at the Superior Court of Justice.
• Proceedings in the Divisional Court. 

VII. Criminal Law Matters

• Summary conviction matters that were punishable by a maximum of 6 months’ imprisonment immediately before September 19, 2019, and for which the accused was able to appear by agent pursuant to s. 802.1 of the  Criminal Code  (a list of offences may be found  here ).
• Summary conviction matters in respect of an offence under ss. 320.13(1), 320.16(1), 320.17, or 320.18(1) of the  Criminal Code .
• Remands and consent adjournments on indictable matters.
• Remands and consent adjournments as permitted by the presiding judge.
• Summary conviction matters, subject to the qualifications in VII.1. above. 
• Matters under the Provincial Offences Act , but not appeals, unless the appeal is before a judge of the Ontario Court of Justice. 
• Section VII. reflects amendments to By-Law 4 that preserve the Rights of Appearance for candidates and students that existed prior to September 19, 2019, the date of the coming into force of certain provisions of Bill C-75,  An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts.  Bill C-75 amended the default maximum penalties for summary conviction offences. 
• Sections VII.1. to 4. should not be interpreted to confer upon a candidate the unrestricted right to appear on a summary conviction trial in all instances. The articling principal or supervising lawyer is responsible for providing effective supervision to the candidate having regard to all the circumstances of the situation, including the complexity of the matter and the possible consequences to the accused.
• Where an enactment creates an offence, the offence shall be deemed to be an indictable offence if the enactment provides that the offender may be prosecuted for the offence by indictment.
• The  Criminal Code  sets out a number of offences where the Crown may elect to proceed either by way of summary conviction or by way of indictment. In terms of classification, the offence is an indictable offence until the Crown elects to proceed by way of summary conviction ( Interpretation Act , R.S.C. 1985, c. 1-21, s. 34(1)).
• Since it is rare that a Crown will make an election to proceed by summary conviction in bail court, candidates  are not permitted  to represent persons in bail hearings or assist persons with respect to releases on bail.

VIII.   Family Law Matters (Including Family Law Pilot Project)

Family law proceedings in the Superior Court of Justice and the Ontario Court of Justice are governed by the Family Law Rules (FLRs). Rule 4 of the FLRs currently provides that a party may be represented by a person who is not a lawyer, but only if the court gives permission in advance.

The Superior Court of Justice and the Ontario Court of Justice have issued Notices to the Profession that support the family law pilot project initiative. The pilot project is in effect beginning January 17, 2022, until further notice from the Law Society or the courts. In addition, the applicability of the pilot project in a specific case is subject to the order of a judge or associate judge.

Family Law Pilot Project Details

During the term of the family law pilot project, lawyer licensing process candidates who meet the requirements of I. above (articling students, LPP/PPD students engaged in their work placement, and candidates working under an approved supervision agreement) as well as students who are enrolled in an IPC program and are currently engaged in their work placement term (Permitted Candidates) are permitted to appear on certain family law matters without advance permission of the court in respect of the items set out under the heading “Advance Permission Not Required But Stand-By Availability Required.”

During the term of the family law pilot project, Permitted Candidates are only permitted to appear in respect of the items set out under the heading “Advance Permission and Accompaniment Required” if they have received advance permission from the court and are accompanied by a supervising lawyer.

Participating articling principals, supervising lawyers, IPC students, and Lawyer Licensing Process candidates are all responsible for meeting the provisions applicable to the family law pilot project.

Advance Permission Not Required But Stand-By Availability Required

• First appearances.
• Rule 14B motions for consent orders or other procedural, uncomplicated, or unopposed matters, including requests regarding service and extension of timelines.
• Attendances to speak to matters on consent, including consents to incorporate settlements reached through negotiation, mediation, and minutes of settlement.
• Case conferences (including conferences before Dispute Resolution Officers) and “to be spoken to” lists.
• Contested adjournments.
• Motions relating to financial disclosure.
• Motions to appoint the Office of the Children’s Lawyer, except for appointments under the Child, Youth and Family Services Act ( CYFSA ).
• Motions relating to questioning and undertakings.
• Preparing submissions and attendances to address costs.
• Assignment court/audit court, to confirm a trial is ready to proceed.
• Any step in a Motion to Change related solely to child support with a T4 employee support payor (except for discretionary claims pursuant to sections 3(2), 4, 7, 8, 9, or 10 of the Child Support Guidelines).
• Form 15D Consent Motions to Change Child Support.
• Appearances to settle disputed orders.
• Attending on refraining motions either for the Family Responsibility Office, Ontario Works, or the support payor.
• Support enforcement proceedings including steps relating to final disposition.

Advance Permission and Accompaniment Required

• Any matter involving the CYFSA , Hague Convention on the Civil Aspects of International Child Abduction, or other concerns related to child abduction or wrongful retention.
• Anything that finally disposes of a matter, including motions for summary judgment, except as otherwise provided above.
• A settlement conference, trial scheduling conference, or trial management conference.
• Focused hearings or trials.
• Any case that includes an allegation of family violence.
• Any case where a party on either side is under a disability.
• The presiding judge retains discretion to permit or refuse a candidate’s or IPC student’s attendance. If the presiding judge decides that the candidate or IPC student should not proceed with the matter without the involvement of the supervising lawyer, the candidate or IPC student shall ask that the matter be stood down briefly to enable the supervising lawyer to address the matter. Where requested, the candidate or IPC student shall notify the judge if the supervising lawyer is not immediately available to attend in person and, if so, of the approximate amount of time it will take for the supervising lawyer to be available in person.
• The candidate or IPC student is adequately supervised, with ongoing extensive training and monitoring with respect to their court representation and activities, including in respect of both substantive and procedural family law.
• The matter is appropriate for the candidate or IPC student’s training, experience, and ability.
• The candidate or IPC student is properly prepared and familiar with the client’s file.
• The candidate or IPC student has authority from the client to speak to the issues within the file that are to be addressed in the court appearance, including the resolution of those issues on consent. If issues arise outside of those that were expected to be addressed by the court, the supervising lawyer must be available to speak to the matter (on stand-by where accompaniment is not required).
• The articling principal, the supervising lawyer, or a lawyer within the firm where the placement is located must be the counsel of record for the matter before the court.
• Where a supervising lawyer is not required to accompany the candidate or IPC student under the above provisions, a lawyer with direct responsibility for the file must be available on stand-by to speak to the judge if required. Stand-by means that the lawyer is available to appear in court at the time that has been scheduled for the event, either virtually, by telephone, or in person, if required by the court.
• Candidates and IPC students appearing before the court must indicate to the court that they are appearing under the family law pilot project and are within the rights of appearance. Where the supervising lawyer or articling principal is not in attendance, the candidate or IPC student must confirm to the judge at the start of the proceeding that the supervising lawyer is available on stand-by.
• When appearing pursuant to the family law pilot project, IPC students are deemed to be subject to the Rules of Professional Conduct in the same way as a lawyer licensing process candidate is subject to the Rules of Professional Conduct .
• Candidates, IPC students, articling principals, and supervising lawyers are reminded that they must comply with By-law 4 and By-law 7.1 , as applicable.

IX.     Administrative Law Matters Before Tribunals

Candidates are permitted to appear before federal and provincial boards, agencies, and administrative tribunals in Ontario (collectively, “tribunals”) on appropriate matters, subject to any applicable legislation, rules, procedures, or practice directions of those tribunals.

X.  Federal Court Matters

Candidates are  not permitted  to appear on matters before the Federal Court. 

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Minister of Justice and Attorney General of Canada announces judicial appointments in the province of Ontario

From: Department of Justice Canada

News release

The Honourable Arif Virani, Minister of Justice and Attorney General of Canada, today announced the following appointments under the judicial application process established in 2016.

May 1, 2024 – Ottawa, Ontario – Department of Justice Canada   

The Honourable Arif Virani, Minister of Justice and Attorney General of Canada, today announced the following appointments under the judicial application process established in 2016. This process emphasizes transparency, merit, and the diversity of the Canadian population, and will continue to ensure the appointment of jurists who meet the highest standards of excellence and integrity.

The Honourable Darla A. Wilson , a Judge of the Superior Court of Justice of Ontario in Toronto, is appointed a Judge of the Court of Appeal for Ontario in Toronto. Justice Wilson replaces Justice A.L. Harvison Young, who elected to become a supernumerary judge effective September 1, 2023.

The Honourable Lene Madsen , a Judge of the Superior Court of Justice of Ontario, Family Court, in Hamilton, is appointed a Judge of the Court of Appeal for Ontario in Toronto. Justice Madsen replaces Justice P. Lauwers, who elected to become a supernumerary judge effective September 2, 2023.

The Honourable Apple C. Newton-Smith , a Judge of the Ontario Court of Justice in Toronto, is appointed a Judge of the Superior Court of Justice of Ontario in Toronto. Justice Newton-Smith replaces Justice P.J. Monahan (Toronto), who was elevated to the Court of Appeal for Ontario effective May 11, 2023.

Carissima Mathen , Professor of Law at the University of Ottawa Faculty of Law, is appointed a Judge of the Superior Court of Justice of Ontario in Toronto. Justice Mathen replaces Justice T.J. McEwen (Toronto), who resigned effective June 30, 2023.

Elizabeth McCarty , Counsel at the Office of the Children’s Lawyer of the Ministry of the Attorney General of Ontario in Toronto, is appointed a Judge of the Superior Court of Justice of Ontario, Family Court, in Belleville. Justice McCarty replaces Justice W.B. Malcolm (Belleville), who resigned effective June 23, 2023.

Yvonne D. Fiamengo , Legal Counsel at the Children’s Aid Society of Toronto, is appointed a Judge of the Superior Court of Justice of Ontario, Family Court, in Newmarket. Justice Fiamengo replaces Justice J.E. Hughes (Oshawa), who elected to become a supernumerary judge effective July 30, 2023. Due to internal court transfers by the Chief Justice, the vacancy is located in Newmarket.

“I wish Justices Wilson, Madsen, Newton-Smith, Mathen, McCarty, and Fiamengo every success as they take on their new roles. I am confident they will serve Ontarians well as members of the Court of Appeal for Ontario and the Superior Court of Justice of Ontario.”

—The Hon. Arif Virani, Minister of Justice and Attorney General of Canada

Biographies

Justice Darla A. Wilson received a Bachelor of Arts from Queen’s University in 1981, and a Bachelor of Laws from Queen’s University in 1984.  She was admitted to the Bar of Ontario in 1986.

Justice Wilson was previously a partner with Lawson McGrenere LLP in Toronto, where she practiced exclusively in the area of civil litigation. She carried on her practice throughout Ontario defending hospitals and other health care facilities on negligence claims, general insurance defence work including occupier’s liability, motor vehicle and municipal negligence claims as well as representing plaintiffs in personal injury claims. She was an instructor in Trial Advocacy at the University of Toronto Law School, as well as a Director of the Advocates’ Society and a member of the Board of Directors of the Medico-Legal Society. In 2007, Justice Wilson was appointed to the Superior Court of Justice in Toronto. Since February 2020, she has been the Civil Team Lead for trials in Toronto. She was a member of the Moot Court Council at Queen’s Law School and sat on the Board of Directors of the Ontario Superior Court Judges Association. 

Justice Wilson is an avid long-distance runner and ran the Boston Marathon in 2010 and the Berlin Marathon in 2015.

Justice Lene Madsen obtained an honours BA from McGill University in 1992 and a Master of Environmental Studies from York University in 2000. She earned a Bachelor of Laws (2002) and a Master of Laws (2012) from Osgoode Hall, York University. She was admitted to the Bar of Ontario in 2003.

At the time of her appointment to the Superior Court of Justice of Ontario in 2016, Justice Madsen was a principal mediator with Bluewater Mediation in London. She was previously an associate with Epstein Cole LLP. Her legal practice focused mainly on counsel-assisted mediation, the majority of which resulted in comprehensive settlements. She also conducted numerous arbitrations leading up to her appointment to the Superior Court of Justice of Ontario.

Justice Apple C. Newton-Smith graduated from McGill in 1994 earning a Jt. Hons B.A. in English and Philosophy. She obtained her LL.B. from Queen’s University in 1997 and was called to the Bar of Ontario in 1999. 

Justice Newton-Smith was appointed to the Ontario Court of Justice in 2019. Prior to her appointment to the Ontario Court of Justice, she was a partner at Berkes Newton-Smith. She practised as a criminal defence lawyer at both the trial and appellate level and appeared regularly at all levels of court for 20 years.

Justice Newton-Smith was a Vice-President of the Criminal Lawyer’s Association. She sat on the Board of the Pro Bono Inmate Appeals Program at the Ontario Court of Appeal, McGill Women in Leadership and Philanthropy, and the Cottingham Public School Parent Council. She was actively involved in education and mentorship in various capacities. She was an adjunct professor at the University of Toronto Faculty of Law where she taught Evidence and Trial Advocacy and an instructor in the criminology department at Metropolitan University. She is an editor of the Law Society of Ontario’s lawyer licensing materials and was chair of the Ontario Judicial Education Network (OJEN) Toronto committee.

Justice Newton-Smith resides in Toronto with her husband, their three sons and a beagle.

Justice Carissima Mathen grew up in Montreal. She attended McGill University, obtaining an honours BA in philosophy and political science in 1989. After earning her LLB from Osgoode Hall Law School in 1992, she was admitted to the Law Society of Ontario in 1994. In 2002, she received an LLM from Columbia University, graduating as a Stone Scholar.

Justice Mathen joined the University of Ottawa in 2011 where she was promoted to Full Professor and served a term as Vice Dean Academic of the English common law program. She taught law full time at the University of New Brunswick in 2002-2011. After her call to the bar, she spent seven years working for the Women's Legal Education and Action Fund (LEAF) where she pursued path-breaking Charter of Rights litigation. 

Justice Mathen has published over fifty articles and numerous books, among them the award-winning monograph Courts Without Cases: The Law and Politics of Advisory Opinions (2019), The Tenth Justice (with Michael Plaxton) (2020), and (expected in 2024) Decoding the Court: Legal Data Insights from the Supreme Court of Canada .  She was General Editor of the casebook Canadian Constitutional Law, 6th Edition (2022). She holds several legal and academic honours, including the David W. Mundell Medal and the Law Society Medal. 

Justice Mathen enjoys travel, cooking, dance and spending time with her husband, Jason, and dog, Bolo

Justice Elizabeth McCarty received her LL.B. from Osgoode Hall Law School in 1996 after obtaining her BA (First Class Honours) from Dalhousie University in 1993.  She was admitted to the Ontario Bar in 1998.

Justice McCarty has spent most of her career representing children in family law matters at the Office of the Children’s Lawyer (OCL) of the Ministry of the Attorney General of Ontario. She co-managed the OCL’s adoption and openness programs and she has appeared at all levels of court in Ontario.

Justice McCarty was a member of the Ontario Bar Association’s Child and Youth Section Executive. She has co-chaired the OBA’s Advanced Issues in Child Protection Law for the past three years and is a frequent presenter at continuing education programs. She worked with the Ontario Association for Family Mediation to help develop a program to certify openness mediators and she has written extensively on child protection related issues.  She previously served on the Board of Trustees of Grandview Children’s Centre, the Family Law Rules Committee and has been involved in various roles with her children’s hockey teams.

Justice McCarty and her husband Jay have three adult children who are currently attending university. She enjoys gardening and long hikes with her family and her dog.

Justice Yvonne D. Fiamengo obtained her Law degree from the University of Alberta, Faculty of Law in 1997, after obtaining her Bachelor of Arts degree from York University in 1992. She was called to the Ontario Bar in 1999. 

Justice Fiamengo joined the Children’s Aid Society of Toronto as Legal Counsel in 2002. Over the last 22 years, she has represented the Children’s Aid Society of Toronto before all levels of court in Ontario and at the Child and Family Services Review Board. In 2000-2002, she worked in association with a small firm in North York, where she had her first practical exposure to Family Law, acting on behalf of parents both in the domestic and child welfare court. She began her legal career practicing civil litigation in a mid-sized insurance defence firm in downtown Toronto.

Justice Fiamengo has been a member of the 311 Open Bar Education Committee and a regular presenter at Continuing Professional Development Programs. She was on the Board of Directors of the Canadian Alopecia Areata Foundation (CANAAF), actively promoting their important work in supporting individuals and families impacted by this unpredictable disease. 

Justice Fiamengo is the proud single parent of her teenage son, and they can often be found at hockey arenas and baseball parks across Toronto.

Quick facts

The Government of Canada has appointed more than 730 judges since November 2015. This includes 103 appointments since the Honourable Arif Virani became Minister of Justice and Attorney General of Canada on July 26, 2023.These exceptional jurists represent the diversity that strengthens Canada. Of these judges, more than half are women, and appointments reflect an increased representation of racialized persons, Indigenous, 2SLGBTQI+, and those who self-identify as having a disability.

To support the needs of the courts and improve access to justice for all Canadians, the Government of Canada is committed to increasing the capacity of superior courts. Budget 2022 provides for 22 new judicial positions, along with two associate judges at the Tax Court of Canada. Along with the 13 positions created under Budget 2021, this makes a total of 37 newly created superior court positions. Since Budget 2017, the government has funded 116 new judicial positions.

Changes to the Questionnaire for Federal Judicial Appointments were announced in September 2022. The questionnaire continues to provide for a robust and thorough assessment of candidates but has been streamlined and updated to incorporate, among other things, more respectful and inclusive language for individuals to self-identify diversity characteristics.

Federal judicial appointments are made by the Governor General, acting on the advice of the federal Cabinet and recommendations from the Minister of Justice.

The Judicial Advisory Committees across Canada play a key role in evaluating judicial applications. There are 17 Judicial Advisory Committees, with each province and territory represented.

Significant reforms to the role and structure of the Judicial Advisory Committees, aimed at enhancing the independence and transparency of the process, were announced on October 20, 2016 .

The Government of Canada is committed to promoting a justice system in which sexual assault matters are decided fairly, without the influence of myths and stereotypes, and in which survivors are treated with dignity and compassion. Changes to the Judges Act and Criminal Code that came into force on May 6, 2021, mean that in order to be eligible for appointment to a provincial superior court, candidates must agree to participate in continuing education on matters related to sexual assault law and social context, which includes systemic racism and systemic discrimination. The new legislation enhances the transparency of decisions by amending the Criminal Code to require that judges provide written reasons, or enter them into the record, when deciding sexual assault matters.

For more information, media may contact:

Chantalle Aubertin Deputy Director, Communications Office of the Minister of Justice and Attorney General 613-992-6568 [email protected]

Media Relations Department of Justice Canada 613-957-4207 [email protected]

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