Legal Considerations Pertaining to Litigation & Representation

Litigation in family law refers to the process of resolving disputes through the court system when parties are unable to reach an agreement on issues such as divorce, child custody, spousal support, and property division. While alternative dispute resolution methods like negotiation and mediation are encouraged under Canadian law, litigation may be necessary when amicable resolutions are not possible or when urgent legal intervention is required.

Family law litigation follows a structured process governed by federal and provincial legislation, as well as court rules and procedures:

1. Filing an Application: The litigation process begins when one party (the applicant) files an application with the court, outlining the legal issues in dispute and the relief being sought. This application must be served on the other party (the respondent), who then has an opportunity to file a response.
2. Mandatory Information Program (MIP): In Ontario, parties involved in family law litigation may be required to attend a Mandatory Information Program (MIP), which provides information about court procedures, dispute resolution options, and the emotional and financial impacts of separation.
3. Case Conferences: Before proceeding to a hearing or trial, parties typically attend one or more case conferences with a judge. These meetings allow the judge to review the issues, encourage settlement discussions, and provide procedural guidance. In most cases, at least one case conference must occur before a motion for a temporary order can be brought.
4. Motions for Temporary Orders: If immediate relief is needed, such as temporary child support or parenting arrangements, either party can bring a motion. Courts may grant temporary orders that remain in effect until a final resolution is reached.
5. Settlement Discussions and Offers to Settle: Throughout the litigation process, parties are encouraged to negotiate and make formal offers to settle, which can impact cost awards if the matter proceeds to trial.
6. Trial: If settlement is not possible, the case proceeds to trial, where evidence is presented, witnesses may testify, and a judge makes a final determination. Trials can be lengthy and costly, so courts generally encourage parties to resolve matters prior to this stage.

Once a decision is made, court orders must be followed. If a party fails to comply, enforcement measures like wage garnishment or asset seizure may be pursued through legal channels.

Litigation & Representation Services

Negotiation

While litigation is sometimes necessary, our first step is often to engage in negotiations to help clients reach a settlement outside of court. Negotiation allows parties to maintain greater control over the outcome and can often lead to faster, more cost-effective resolutions. We work closely with our clients to develop clear legal strategies, ensuring their interests are well-represented during settlement discussions. Where appropriate, we also assist in formalizing agreements through legally binding contracts to avoid future disputes.

Representation

For clients who require full legal representation, our litigation lawyers provide dedicated advocacy throughout the entire court process. From filing initial applications to presenting evidence and making legal arguments before a judge, we handle all aspects of litigation while keeping our clients informed at every stage. Our approach is strategic and client-focused, ensuring that each case is presented in the strongest possible manner while working toward a resolution that aligns with our clients’ goals.

Limited Scope Retainers

Full legal representation may not be necessary or financially feasible for every client. Through limited-scope retainers, we offer unbundled legal services, allowing clients to retain a lawyer for specific tasks rather than the entire case. This can include assistance with drafting court documents, providing legal advice on particular issues, or representing clients in select court appearances. Limited-scope retainers offer a cost-effective option for those who need professional legal guidance without engaging a lawyer for the entire litigation process.

Trials

When cases cannot be resolved through negotiation or pre-trial motions, they proceed to trial, where a judge will make a final determination based on evidence and legal arguments. Trial preparation is extensive and requires careful strategy, including gathering evidence, preparing witnesses, and developing persuasive legal submissions. Our litigation lawyers have years of experience handling complex family law trials and are committed to presenting each case with professionalism and diligence to achieve the best possible outcome for our clients.

Appeals

If a court decision does not align with the evidence presented or if there were legal errors in the trial process, an appeal may be necessary. Appeals involve reviewing the trial record, identifying legal grounds for appeal, and presenting arguments before an appellate court. We provide experienced appellate representation, analyzing whether an appeal is viable and advocating for corrections to judicial errors when necessary. Given the strict timelines and procedural requirements for appeals, we guide our clients through this complex process with precision and care.