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

06/02/2025

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Binding Judicial Dispute Resolution (JDR) Pilot Project (introduced on May 14, 2021, amended August 1, 2023) is no longer in effect and has been replaced by Rule 43.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.

Notice to the Public and Profession for Criminal Proceedings

20/12/2024
  1. Updates to the Consolidated Provincial Practice Direction for Criminal Proceedings at the Superior Court of Justice Effective January 6, 2025

As of January 6, 2025, Consolidated Provincial Practice Directions for Criminal Proceedings at the Superior Court of Justice will be updated with the following notable changes:

    1. Case Center files will now be opened to upload procedural documents in child pornography cases. Documents including court forms, the synopsis, the Indictment, notices, motion materials, and factums in cases involving child pornography allegations will be uploaded to Case Center. Materials that could be considered child pornography continue to not be permitted on Case Center. The Consolidated Provincial Practice Direction for Criminal Proceedings will be amended, under Part I, Section C, “Items that should not be uploaded onto Case Center in Criminal.”
    2. Counsel of record are reminded that they remain counsel for the accused unless an order has been made by a judge under Rule 25 of the Criminal Proceeding Rules removing them. New counsel are required to introduce themselves to the Court as soon as is reasonably practicable to ensure the timely provision of Case Center invitations. Uploading materials to Case Center and complying with filing deadlines in the Criminal Proceedings Rules are mandatory. These reminders are outlined in the Consolidated Provincial Practice Direction for Criminal Proceedings, under Part I, Section C, “Items that should not be uploaded onto Case Center in Criminal.”
  1. Updates to the Trial Readiness Forms (18C1 and 18C2) required by Rule 28.04(31) and (32) of the Criminal Proceeding Rules

The Trial Readiness Forms required by Rule 28.04(31) and (32) of the Criminal Proceeding Rules have been revised to include detailed questions and reminders for counsel. The revised forms are available on the Court’s website.

The Honourable Geoffrey B. Morawetz
Chief Justice, Superior Court of Justice
December 16, 2024

Application Open for Counsel to Join Dispute Resolution Offer (DRO) Panels: DEADLINE EXTENDED TO JANUARY 6, 2025

17/10/2024

The Superior Court of Justice, in collaboration with the Ministry of the Attorney General, is seeking candidates to join DRO panels in Barrie, Brampton, Durham, Hamilton, London, Milton, Newmarket and St. Catharines

The DRO program provides family litigants with an early evaluation of their case by an experienced and neutral family lawyer for the purposes of facilitating settlement, narrowing the issues in dispute and assisting to organize the case so that it is ready for judicial intervention, where needed.

Candidates admitted to the panel will receive compensation at the rate of $250.00 per day plus HST. (*This compensation rate is currently under review).

French-speaking or bilingual candidates are encouraged to apply.

Selection criteria include:

  • A minimum of 10 years of experience in the practice of family law
  • Membership in good standing with the Law Society of Ontario as a barrister and solicitor[1].
  • Family law expertise, including negotiation, litigation, and ADR processes, knowledge of family court directions, rules, legislation, and case law.
  • Exceptional problem solving and dispute resolution skills.
  • Leadership in the family justice sector.
  • Familiarity with the court to which you are applying and its family justice participants, including participation in local bench and bar or community liaison committees.

The Application form for admission to the panel is linked here.

Completed Application packages may be submitted by email to: droempanelment@ontario.ca.

The deadline to apply is Monday, January 6, 2025 at 11:59 p.m. EST. All Applications must be completed in full, including the necessary authorizations and references.  Late or incomplete Applications will not be accepted.

We thank you for your interest. Only those selected for further screening will be contacted.

Applicants who require an accommodation under the Ontario Human Rights Code are encouraged to include the request with their application.

[1] Retired lawyers may also apply if, at the time of their retirement, their license was not suspended.  They will be required to maintain insurance for the purpose of participating in the program.

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