Welcome to the Tailor Law Podcast. I’m your host, and today we’re diving into a crucial topic for anyone navigating family law in Ontario: Divorce Trials. Whether you’re considering going to trial, currently preparing for one, or simply curious about the process, this episode will provide you with the essential information you need to understand how divorce trials work in Ontario.
Divorce is a challenging experience, both emotionally and financially. While many cases settle outside of court, some situations require a formal trial to resolve disputes over property, child custody, or support. It’s important to understand what to expect if your case proceeds to trial, how to prepare effectively, and what role you, as a client, will play.
Let’s begin by discussing the fundamentals. In Ontario, the family law system encourages resolution outside of court through mediation, negotiation, and settlement conferences. However, when these options fail, a trial becomes necessary. Only about 3% of family law cases in Ontario actually proceed to trial. This low percentage reflects the system’s emphasis on resolving matters amicably. Yet, for those cases that do go to trial, understanding the process is critical.
Trial preparation starts from the very first meeting with your lawyer. From that initial consultation, your lawyer begins strategizing, collecting evidence, identifying potential witnesses, and considering how a judge might view your case. This comprehensive preparation is essential because trials are complex and demand thorough documentation and presentation.
So, what does a trial in Ontario look like? Family law trials are scheduled during designated trial sittings, typically in May and November. These sittings span a few weeks, and you can be called to appear at any point during that time. Flexibility and preparedness are key since you might be notified on short notice.
One of the most common questions clients have is about their role during the trial. While your lawyer will advocate on your behalf, you play an active role in the process. You’ll need to provide instructions to your lawyer, clarify facts, and sometimes testify to share your story directly with the judge. The judge evaluates not only the evidence but also your credibility, demeanor, and overall presentation.
Speaking of presentation, it’s crucial to understand the difference between viva voce evidence and affidavit evidence. Viva voce evidence is spoken testimony given in court under oath, while affidavit evidence is written, sworn testimony. Both forms of evidence carry weight, but they serve different purposes and are used in different contexts throughout the trial.
Preparation involves assembling comprehensive documentation. This includes financial statements, property valuations, and any relevant communication records. Your lawyer will also prepare exhibit books, case law summaries, and draft orders to guide the judge through your desired outcomes. Witness preparation is another critical aspect. Witnesses must provide direct, relevant testimony and avoid hearsay, which is inadmissible in court.
Now, let’s talk about the financial and emotional costs of going to trial. Trials can be expensive due to legal fees, court costs, and the time required to prepare and present a case. They are also emotionally taxing, as airing personal matters in a public forum can be stressful and exhausting. It’s vital to weigh these factors when deciding whether to proceed to trial.
Costs are another consideration. Even if you’re successful at trial, recovering legal fees is not guaranteed. The court has discretion to award costs, often granting partial reimbursement based on conduct, settlement offers, and the reasonableness of each party’s position. Serving reasonable offers to settle before trial can influence the court’s decision on costs.
Children’s involvement in trials is another sensitive topic. Ontario courts prioritize protecting children from the conflict of divorce proceedings. Tools like the Office of the Children’s Lawyer or Voice of the Child reports are used to represent children’s interests without requiring them to testify directly.
Finally, the decision-making process after a trial can take time. Judges need to carefully review evidence and legal arguments before delivering their decision, which can take several months. This waiting period can be difficult, but it’s necessary for the judge to reach a fair and informed outcome.
At Tailor Law, we understand how daunting the trial process can be. Our experienced family law lawyers are here to guide you through every step, from initial consultation to trial preparation and representation. If you’re facing a divorce or any family law matter, visit TailorLaw.com for trusted legal advice and support tailored to your needs.
Thank you for listening to the Tailor Law Podcast. Stay informed, stay empowered, and remember—we’re here to help you navigate life’s most challenging moments.