Notice to the Profession

The Ontario Court of Justice wishes to communicate the introduction of First Appearance Courts (sometimes known as Rule 40 Courts) across the Province of Ontario in the limited number of locations that do not already have First Appearance Courts.

While some jurisdictions have had First Appearance Courts for some time, in other places, this is a new initiative that the court is committed to rolling out province-wide.

First Appearance Courts are clerk-led administrative courts designed to improve access to justice by allowing litigants to ensure their materials are in proper order prior to their first attendance before a judge, reducing the number of judicial appearances necessary in a case.

As outlined in the Family Law Rules, a clerk at a First Appearance Court will:

• Confirm that all the necessary documents have been served and filed;
• Refer the parties to resources related to the court process, including mediation if available; and
• If an answer has been filed to an application or motion to change confirm that it is ready for a hearing, case conference or settlement conference and schedule it accordingly.

In addition, the clerk at the First Appearance Court may:

• Schedule a matter in front of a judge if it is urgent;
• Pass on to a judge any minutes of settlement or other consent agreements of the parties for approval; or
• Schedule an additional appearance if necessary.

A maximum of two appearances will be scheduled in front of a First Appearance clerk before the matter will be scheduled in front of a sitting judge, unless a judge orders otherwise. While exceptions can be made in exceptional circumstances, the goal will be for a matter to reach a judge within three months of the original filing of the application or motion to change.

Duty counsel will be available for self-represented litigants. Mediation services will also be available.

First Appearance Courts are currently rolling out across the province, please check with your local court to determine if yours has moved to this system.

Sharon Nicklas
Chief Justice
Ontario Court of Justice

*Original signed by Chief Justice Sharon Nicklas.