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Before making important decisions regarding family law, you should consult with a member of our legal team in order to understand your legal rights and obligations.

Family Law: Motion(s)

In family law, after a case conference, a litigant may bring a family law motion before the court.

A motion made be made if one seeks a temporary order for a claim made in a family law Application, directions on how to proceed with a family law case, and/or an amendment to a temporary family law order (Family Law Rules, Rule 14(1)).

A motion may be made by a litigant in the family law case or by an individual with an interest in the case (Family Law Rules, Rule 14(2)).

A motion in family law requires two items, being a notice of motion (Form 14) and an affidavit (Form 14A). The affidavit ought to contain information within the knowledge of the person signing the affidavit (Family Law Rules, Rule 14(18)). The affidavit may contain information that the individual learned from someone else if the source of information is idenitifed by name, and the individual states that he or she believes the information to be true (Family Law Rules, Rule 14(19)). The motion may also be supported by additional evidence.

A family law judge who hears a motion involving complicated matters may order that the entire motion or any part of the motion be heard as a trial, and he or she may give any directions that are required (Family Law Rules, Rule 14(7)).

Call Krol & Krol today at 905.707.3370 if you would like to book a consultation in order to learn more about your family law motion.

Family Law Settlement Conference in Toronto

The Family Law Settlement Conference in Toronto is a last opportunity for the litigants to settle the matter without going to a trial.

The goals of a Family Law Settlement Conference in Toronto include the following: (Family Law Rules, Rule 17(5))

  • (a) exploring the chances of settling the family law case;
  • (b) settling the issues that are in dispute;
  • (c) ensuring disclosure of the relevant evidence;
  • (c.1) settling or narrowing any issues relating to any expert evidence or reports on which the parties intend to rely at trial;
  • (d) noting admissions that may simplify the case;
  • (e) if possible, obtaining a view of how the court might decide the case;
  • (f) considering any other matter that may help in a quick and just conclusion of the case;
  • (g) if the case is not settled, identifying the witnesses and other evidence to be used at trial, estimating the time needed for trial and scheduling the case for trial; and
  • (h) organizing a trial management conference, or holding a trial management conference where appropriate.

The Family Law Settlement Conference in Toronto is generally presided over by the case management judge. A case management judge in family law monitors and manages the progress of a family law court case as it moves through the system. The case management judge is not the trial judge.

One of the judge’s significant roles at a Family Law Settlement Conference in Toronto is to provide his or her view of how a trial judge may decide the case. This provides litigants with some visibility as to what may happen should they decide to continue on to a trial.

Call Krol & Krol at 905.707.3370 for a consultation to learn about your Family Law Settlement Conference in Toronto.