Less than 2% of divorce cases go to trial. If yours does, you need to understand the strict rules of evidence, cross-examination, and the Trial Management Conference that precedes it.
Legal Review: This guide to trial procedure was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the Evidence Act and Family Law Rules.
The Quick Answer: What Happens at Trial?
A Family Law Trial is the final hearing where a judge makes a binding decision on all unresolved issues. Unlike motions (which use written affidavits), a trial relies on Viva Voce Evidence—meaning witnesses must testify in person and face Cross-Examination. Before a trial can happen, parties must attend a Trial Management Conference (TMC) to ensure the case is ready and to explore one last chance at settlement.
The Three Phases of Trial
Opening Statements
Each lawyer summarizes their case. It is not evidence; it is a roadmap for the judge.
Witness Testimony
The core of the trial. You testify, call experts (financial/custody), and get cross-examined by the opposing lawyer.
Closing Submissions
After all evidence is heard, lawyers argue how the law applies to the facts proven during the trial.
The Gatekeeper: Trial Management Conference (TMC)
The Purpose
You cannot just “walk into trial.” You must pass the Trial Management Conference (TMC). The judge ensures all disclosure is done, witnesses are listed, and time estimates are accurate.
The TMC is your last checkpoint before trial. If your case isn’t ready, the judge will adjourn the trial date and order you to complete outstanding tasks.
The Settlement Push
The TMC judge often puts immense pressure on parties to settle to avoid the cost of trial. They may give a “non-binding opinion” on who will likely win.
This is your last chance to settle before spending tens of thousands of dollars on trial. Many cases settle at the TMC when parties realize the risks of going forward.
The Financial Reality of Trial
Daily Costs
Trials are expensive. Lawyer fees for trial preparation and attendance can range from $2,000 to $5,000+ per day. A 5-day trial can easily cost $25,000-$50,000 in legal fees alone.
The “Loser Pays” Rule
In Canada, the winner is often awarded “costs.” If you reject a reasonable settlement offer and do worse at trial, you may have to pay your own legal fees PLUS a large portion of your ex-spouse’s fees.
Offers to Settle
Explain the strategic importance of serving a Rule 18 Offer to Settle to protect yourself from cost penalties. If the other party rejects your offer and does worse at trial, they may have to pay your legal fees.
Relevant Laws & Statutes
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Family Law Rules (Rule 23: Evidence and Trial)
Official regulations governing trial procedure and evidence in Ontario family law cases.
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Ontario Courts (Guide to Family Law Trials)
Government resource explaining the family court trial process and procedures.
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Evidence Act (Ontario)
Provincial legislation governing the admissibility and presentation of evidence at trial.
Divorce Trial FAQs
Deepa Tailor
Senior Family Lawyer
Deepa Tailor is an experienced litigator who represents clients in high-conflict trials, utilizing rigorous cross-examination strategies to secure favorable outcomes.
Going to Trial? You Need a Strategy, Not Just Arguments.
Trial preparation requires meticulous planning, evidence organization, and strategic cross-examination. Don’t go into the courtroom unprepared.