Ontario Regulation 9/25, made under the Courts of Justice Act, amends Ontario Regulation 114/99, known as the Family Law Rules, to introduce updates to the legal process in family law cases. The regulation creates and outlines the procedure for Binding Judicial Dispute Resolution (BJDR) hearings in the Superior Court of Justice, including the Family Court of the Superior Court of Justice. The purpose of these changes is to provide parties with an alternative to lengthy trials by allowing them to resolve issues through a summary process. The rule enables a judge to assist in resolving issues on consent or, if issues remain unresolved, to make a final determination in a summary manner. These amendments apply specifically in municipalities designated by the Chief Justice for the use of BJDR. However, the rule excludes cases under the Child, Youth and Family Services Act, cases involving interjurisdictional support orders, or international child abduction cases.

The regulation specifies preconditions for requesting a BJDR hearing, including the requirement that the case does not involve significant credibility issues, does not require the oral evidence of non-party witnesses, and can be resolved in a summary manner. To initiate the process, both parties must serve and file a request and consent for the hearing along with a motion form. The court may order a BJDR hearing at any stage of the case but is prohibited from ordering one if the specified conditions are not met unless it deems the hearing appropriate under the circumstances. Once a hearing has been ordered, a party cannot withdraw their consent without the agreement of the other parties or court approval.

The regulation outlines the documents required for the hearing, which include affidavits, draft orders, any relevant agreements, financial disclosures, and other supporting documents depending on the case’s nature, such as claims related to support, property, or child-related issues. Specific timelines are also set for the filing and serving of these documents, with the applicant required to serve documents 20 days before the hearing, and the respondent 10 days prior. A reply affidavit may also be filed, not exceeding four pages, up to five days before the hearing.

The regulation also sets guidelines for the conduct of the BJDR hearing itself. The hearing must be conducted entirely under oath, and no part of the hearing may occur in the absence of a party or their lawyer. The judge may express views on how the case could be decided and assist the parties in reaching a resolution. If an issue is resolved on consent, the judge will document it in the form of a court order. If settlement discussions fail, the judge may make a temporary or final decision on any unresolved issues without requiring detailed reasons.

In cases where a party fails to participate in the hearing, the judge may continue based solely on the evidence presented, and the hearing may be terminated if deemed no longer appropriate. If the hearing is terminated, it is considered a conference, and the judge may give directions for the continuation of the case. The introduction of BJDRaims to reduce the burden on the court system and promote timely resolutions for families involved in legal proceedings.

Ontario (9/25) February 8, 2025