Amendments to Family Law Rules: Binding Judicial Dispute Resolution, Costs, Associate Judges

Amendments to O. Reg. 114/99: Family Law Rules came into force on January 22, 2025 : Binding Judicial Dispute Resolution; Costs; Associate Judges.

Rule 43: Binding Judicial Dispute Resolution in the Superior Court of Justice

Rule 43 allows parties to choose a Binding Judicial Dispute Resolution (JDR) as a summary process to resolve their family dispute, instead of a trial.  Through Binding JDR, parties ask the same judge to try to assist them to settle their issues on consent and to make final orders about unresolved issues in a single hearing.

Rule 43 applies in Superior Court of Justice locations, (including in the unified Family Court) that have been approved by the Chief Justice of the Superior Court of Justice. Binding JDR is available in the Central East, Central South, Northeast, Northwest and Toronto regions and Middlesex County (London). As of February 6, 2025, it is also available through the entire East Region. For a list of courthouse locations by region, please see Contacting the Court..

The Practice Advisory Concerning the Superior Court of Justice’s Binding Judicial Dispute Resolution (JDR) Pilot Project (introduced on May 14, 2021, amended August 1, 2023) is no longer in effect and has been replaced by Rule 43.

For information about Binding JDR, how to request and schedule a hearing, how to file evidence for the hearing, and what to expect at a Binding JDR hearing, see Rule 43 of the Family Law Rules. The forms needed to request and participate in a Binding JDR Hearing are available on the Ontario Court Forms website:

Amendments to Rules 18 and 24 – Costs

The rules relating to the award of costs in family law cases have been amended to confirm the summary nature of the process, to clarify the broad discretion of judges to determine costs, to require parties to confer in advance, and to set standards for page and time limits.

Update to Rule 42 – Associate Judges at the Superior Court of Justice

Rule 42 permits Associate Judges to hear motions, make certain types of orders, and to conduct conferences in family cases at the Superior Court of Justice, including the Family Court Branch.

Rule 42 has been amended to remove the geographical restriction which limited the application of the rule to the Family Court in Ottawa only. With this change, Associate Judges may be assigned to exercise their jurisdiction in family cases anywhere they are appointed throughout the province.