First Appearance Court
Due to the significant increase in parties who cannot secure representation, all matters scheduled for First Appearance Court, shall have two first appearance dates before the court registrar will note default and place the matter on the Short Matter List, to schedule a date for an uncontested trial. The second date will be scheduled for two weeks out if the responding party has e-mail and three weeks out if the endorsement needs to be sent by regular mail. For Picton matters, this may be a longer period.
Short Matter List (SML)
This list runs weekly on Wednesdays from 10 AM to 1PM. It is intended for shorter and time sensitive matters and the scheduling of uncontested trials. All parties and counsel must check in at 10:00 AM when the presiding judge will vet the list. Since the order of the list is not determined until that morning and another SML may be running simultaneously, counsel should not double book themselves.
The materials required are:
- an Enhanced Confirmation Form, using the Form 17F, no more than 5 pages in length, plus any necessary attachments, unless otherwise ordered by the court; and
- a draft Order in MS Word format, unless the purpose is to set a date for an uncontested trial.
Failure to comply will result in the matter being struck from the list.
Uncontested Trials
Uncontested trials are in-person events. A matter cannot proceed to an uncontested trial unless the responding party has been noted in default either by the registrar at the Rule 39/First Appearance Court or by Requisition using Form 4E under Rules of Civil Procedure or by a judge, on motion.
The First Appearance Court registrar, trial coordinator or a judge will place all undefended matters on the Short Matter List, to schedule the uncontested trial and provide additional direction, if necessary. If you have filed a requisition to note default, it will be your responsibility to contact the trial coordinator to get on the SML for scheduling.
The materials for an uncontested trial must include:
- an affidavit that includes a history of the prior proceedings (with dates of attendances and non-attendance and service) and admissible hearsay supported by exhibits, where appropriate. The party may file this affidavit using the Form 23C affidavit or the general affidavit Form 14A;
- an updated Form 35.1 affidavit for decision-making and parenting time and an updated Form 35.1A child protection affidavit, if applicable;
- an updated financial statement, if applicable;
- a factum, with case law hyperlinked; and
- a draft order for the pleaded relief sought in MS Word format, using the regular Form 25 Order.
The party who has been noted in default shall be served with all materials for the uncontested trial, 30 days in advance of the hearing date.
Parties should be prepared to give oral evidence at the hearing.
Child Protection TBST Events
In preparation for a Child Protection TBST event all parties must file an Enhanced Confirmation Form (Form 17F), no more than 5 pages in length, plus any necessary attachments.
This document must include:
- a summary of the status quo, including which appearance this is (1st 2nd 3rd ), how long the children have been in care and the nature of the order under review;
- a fulsome description of the issues; and
- a proposal for resolution, with a companion draft order in MS Word format.
Urgent Motions
All urgent motions materials shall be submitted in writing to: Belleville.SCJ.Courts@ontario.ca, with the subject line: Urgent Motion, and shall also include the case management judge, if applicable. The notice of motion must stipulate whether the moving party wishes the matter to proceed without notice, on short notice, in writing or in person. A judge will determine whether the motion can proceed in writing or whether a hearing is required. The parties will be advised how and when their matter will be proceeding.
Contempt Motions
To obtain a date for a contempt motion the moving party must submit their draft notice of contempt motion, Form 31, and supporting affidavit evidence to the trial coordinator at BellevilleSCJ.TC.Office@ontario.ca for a preliminary review by a judge, with the subject line: Contempt Motion Request and shall also include the court file number, the parties’ last names and the case management judge, if applicable. A judge will review the motion and assign a motion date. The trial coordinator will advise the moving party of the date for the contempt motion and the notice of motion will then be served and filed in compliance with the Family Law Rules.
Case Center Filings: Materials for the following matters must be uploaded to the Case Center: case conferences, settlement conferences, motions, uncontested trials and trials.
Facta are required for the following proceedings:
- long motions, namely motions that are one hour or longer;
- Rule 16 summary judgment motions;
- uncontested trials; and
- as otherwise directed by the court.
Draft orders, in MS Word format, are required for the following proceedings:
- the Child Protection TBST list, if appropriate
- all matters on the Short Matter List, except for matters where only a date is being sought for an uncontested trial;
- case conferences and settlement conferences
- long motions and summary judgment motions; and
- uncontested trials and trials.
Guidelines Regarding Mode of Appearance
Events will proceed presumptively as set out in the Court’s Guidelines below. Requests for Virtual Hearings shall be submitted for the Court’s consideration on 14 days’ notice to the other party, prior to the event. These will only be granted in exceptional circumstances. The accommodation, if granted, will apply to the person requesting it, not all counsel, parties or witnesses.
Family Court
| First appearances | Virtual |
| Early or urgent case conference requests | In writing |
| Contempt or Urgent motion requests | In writing |
| Early or urgent case conferences/Urgent motions | As directed by the court |
| Case conferences | In person |
| Settlement conferences | In person |
| Motions for procedural relief and simple motions on
consent |
In writing |
| Short Matter List | In person |
| Contempt motions | In person |
| Long motions | In person |
| FRO matters | In person |
| Adoptions | In writing or virtual unless parties
request an in-person appearance |
| Trial scheduling conferences / Trial management
conferences |
In person |
| Uncontested trials | In person |
| Trials | In person, with discretion for
witnesses to appear virtually |
Child Protection
| First hearing (place of safety) 5-day return/ first
appearance |
Virtual |
| TBST lists | Virtual |
| Case conferences | In person with discretion for child protection workers to
appear virtually |
| Settlement Conferences | In person |
| Motions for procedural relief and motions on consent | In writing or as directed by the
court |
| Complex procedural motions | In person |
| Substantive regular/ short motions | In person |
| Long motions, including Summary Judgment Motions
and Temporary Care & Custody Hearings |
In person |
| Trial scheduling conferences/ Trial management conferences | In person with discretion for child protection workers to
appear virtually |
| Trials | In person with discretion for
witnesses to appear virtually |
Attached is the court’s current weekly schedule.
A Request for Virtual Hearing Form is attached and must be emailed to the Trial Coordinator at BellevilleSCJ.TC.Office@Ontario.ca.
Justice N. Tellier
Local Administrative Judge, SCJ Family Branch
UFC: Belleville / *Picton Scheduling
| Monday | Family Law Conferences
*Picton: usually every other Monday (Child Protection and Family Law conferences, motions, uncontested trials, FRO Defaults) |
| Tuesday | Child Protection (TBST’s AM, conferences PM)
Family Law Conferences : Running only in one courtroom |
| Wednesday | AM Domestic short matter list: focused conferences and uncontested trial check – ins. A short matter list may run in more than one courtroom
PM: motions, uncontested trials, FRO Defaults, basket motions for Belleville and Picton |
| Thursday | Child Protection (TBST’s AM, conferences PM)
Family Law Conferences: Running only in one courtroom First Appearances Belleville: Every Thursday in tiers 9 / 10 / 11 / 12 / 2 (First Thursday of the month NO 9 am or 10am tier) Picton: First Thursday of the month 9 / 10 only |
| Friday | AM: conferences
PM: *Scheduled by Judge only – long settlement conferences, long motions, POSH, Judicial Interviews |
TRIAL WEEKS
Approximately one trial week per month = 12 trial weeks per year
Set by Case Managing Judge at Settlement Conference or by Trial Judge at the Trial Scheduling Conference