What to expect at the Superior Court family court, 361 University Avenue, Toronto

361 University Avenue is the Superior Court of Justice's criminal and family courthouse in Toronto, and it is where Toronto divorces and family property claims are heard. Filing is electronic, no court date is set when you file, and someone has to book the first case conference. Case conferences before a judge, settlement conferences and trials are presumptively in person, while short and urgent motions are presumptively virtual.

Toronto splits family cases between two courts, and this building is the Superior Court side. Our guide to which Toronto family court handles your case explains the split; this page covers what happens once your case is here. For the wider picture of ending a marriage, see our main page on divorce in Ontario.

Do not confuse it with 393 University Avenue, the Superior Court's civil courthouse. Family matters belong at 361.

Does your case belong at 361 University?

If you only need parenting or support orders, the Ontario Court of Justice is the other choice; see the North York family court at 47 Sheppard. The downtown alternative is described in what to expect at 311 Jarvis Street.

How does a case move through 361 University, step by step?

The general rules behind these steps are explained in what happens after you start a family case in Toronto. The Toronto practice direction adds the local details: the portal, the booking method, the confirmation deadline and the presumptive mode of each event.

Which events are in person and which are virtual?

A judge can change the mode. A request can be made at a conference or in court, or, for an event already scheduled, by filing the court's request form through the portal and emailing the Family Trial Office at least 14 days before the event.

What is the Monday "To Be Spoken To" court?

Toronto has a judge available on Monday mornings from 9 to 11 a.m., by Zoom, for 20-minute appointments booked online (Tuesday if the court is closed on Monday). It is meant for files where an early attendance could put temporary arrangements in place without an urgent motion, for procedural directions about the next step, and for parties who plan an urgent motion or urgent case conference. Each side files a brief of no more than three pages, and both must certify that they discussed the issues beforehand, unless the motion is without notice. The judge can make any order that could be made at a case or settlement conference.

Where a matter cannot wait for the next Monday, the practice direction allows an urgent motion on notice without a case conference in situations such as abduction, threats of harm or dire financial harm. A risk that a child will be taken to Iran is the kind of situation where this matters; see what an Ontario court can order about travel and passports.

What happens on a motion to change, and who is the Dispute Resolution Officer?

Dispute Resolution Officers are experienced family lawyers who conduct some family case conferences under a joint program of the Ministry of the Attorney General and the Superior Court; the province says the conferences offer an early, neutral evaluation and help narrow the issues. In Toronto, a motion to change a final order or agreement that is not on consent goes first to a conference before a Dispute Resolution Officer, which court staff schedule automatically when the motion is filed. These conferences run in one-hour slots on Tuesdays, Wednesdays and Thursdays, and the case conference brief is limited to six pages. On an application, the parties can ask for a conference before a Dispute Resolution Officer on consent.

What help is available at or near 361 University?

• Family Law Information Centre: 416-977-0718. Information and referral coordinators explain the process, community services and mediation.
• Court-connected mediation: mediate393 inc., 393 University Avenue, Suite 2000, 416-593-5393, [email protected]. Mediation is free on the day of a court hearing; other sessions may carry a fee based on income. The practice direction adds that mediation remains available throughout the day while parties wait for their motions.
• Family court office: 416-327-2064; court offices open 8:30 a.m. to 5 p.m., counter service 9 to 11 a.m. and 2 to 4 p.m., Monday to Friday. French-language services are available by phone and at the counter.
• Portal help: the Court Services Division Contact Centre, [email protected], 647-438-0403 or 1-800-980-4962.
• Support for victims of domestic violence: Ontario's Family Court Support Worker program helps with safety planning and attending court; the 24/7 Victim Support Line is 416-314-2447 in the Greater Toronto Area.

Interpreters, Persian documents and filing from abroad

Court proceedings in Ontario are in English or French. In family cases, the Ministry of the Attorney General provides an interpreter in another language, such as Persian, only if you qualify for a fee waiver or the court orders it. The Toronto practice direction is blunt about the rest: otherwise the parties must arrange their own interpreter, and the trial coordinator must be told when the matter is scheduled. A marriage certificate that is not in English needs a certified translation for a divorce application. Our guide to Farsi interpreters in Ontario courts covers interpreters and translated documents in more detail.

One rule matters for families split between Toronto and Iran. The Ontario Courts Public Portal must be accessed from within North America. A party who cannot arrange to file from within North America, for example through a process server, may file by email at [email protected]. Families with these cross-border questions can start with our page on what a Persian-speaking family lawyer in Toronto can do.

What changes the answer?

• What you claim. A divorce, property or matrimonial home claim keeps the whole case here (Divorce Act, s. 2; Family Law Act, s. 17).
• Whether it is a motion to change. A contested one goes to a Dispute Resolution Officer first.
• Urgency. The Monday court and urgent motions follow their own booking routes.
• Whether both sides consent. Booking a conference online, and a Dispute Resolution Officer conference on an application, need consent.
• Where you are. Outside North America, filing is by email rather than the portal.
• Language. A fee waiver or a court order decides whether the court provides a Persian interpreter.
• Where the children live. A family in York Region belongs in Newmarket, not Toronto.

A worked example

For example, imagine a wife in Midtown Toronto who married in Tehran and wants a divorce, her mahr and an equalization payment that includes her husband's apartment in Iran. Her lawyer files the application at 361 University through the portal, with a certified translation of the marriage certificate, and the issued application arrives by email. After service and the information program, the lawyers agree on a case conference date through the court's booking page and confirm it with the Family Trial Office. Each files a confirmation form three business days before. The wife needs Persian interpretation; she qualifies for a fee waiver, and her lawyer tells the trial coordinator when the conference is scheduled. At the in-person conference the judge orders disclosure about the apartment in Iran and sets a timetable. When she later learns the husband may take their son to Iran, her lawyer books a Monday "To Be Spoken To" appointment. This is a hypothetical walk-through, not a prediction of any result.

What mistakes do people make at 361 University?

1. Going to 393 University Avenue, the civil courthouse.
2. Waiting for the court to set a date. Nothing is booked at filing.
3. Missing the confirmation deadline. Without a Form 17F or 14C by 2 p.m. three business days before, the event is not heard, and costs may be ordered.
4. Filing too much. Briefs over the page limits, such as six pages for a Dispute Resolution Officer conference or three for the Monday court, are not read.
5. Assuming an interpreter will be there. Without a fee waiver or court order, you must arrange one and tell the trial coordinator.
6. Treating every problem as urgent. The urgent route is for matters such as abduction, threats of harm or dire financial harm.

What to do this week

1. Confirm your case belongs in the Superior Court by listing every claim you are making.
2. Create an Ontario Courts Public Portal account, or note the email filing address if you are outside North America.
3. Arrange certified translations of any documents in Persian.
4. If you need an interpreter, ask about a fee waiver.
5. Mark the confirmation deadline, three business days before any event, in your calendar.
6. Use our first-week separation checklist for the documents to gather.

Frequently asked questions

Is there a fee to file at 361 University?

Superior Court family filings carry court fees. People who qualify can ask for a fee waiver. The courthouse accepts credit and debit cards, cash, cheques and money orders.

Do I get my divorce certificate from 361 University?

For a divorce granted by the Superior Court in Toronto, you ask the court office where the case started. Our guide to getting a divorce certificate in Ontario explains the request.

Can I attend my case conference by video?

A case conference before a judge is presumptively in person. You can ask the judge to change the mode, or file the court's request form at least 14 days before a scheduled event.

Is binding judicial dispute resolution available?

Yes. The Toronto practice direction says binding judicial dispute resolution is available in appropriate family cases under rule 43 of the Family Law Rules.

Where are other Toronto family services?

Our guide for Toronto families lists the information centres, duty counsel and supervised access services in Toronto.

What if I live in Brampton or Mississauga?

Peel family cases are heard in Brampton, under a different regional practice direction; see what to expect at the Brampton courthouse.

Can my mahr and property in Iran be decided here?

Yes, as part of the property claim. Read whether a mahr is enforceable in Ontario before the first conference.

Related questions

If your spouse lives in Iran, also read divorcing in Ontario after marrying in Iran.

Sarbazevatan Law acts for clients in family cases at 361 University Avenue, in English, Persian (Farsi) and French. Call +1 (416) 628-2041 or use the contact page.