What are the deadlines in an Ontario family case?

An equalization claim must start within six years after separation, two years after a divorce, or six months after a spouse's death, whichever comes first. Inside a case, the main clocks are 30 days to answer an application (60 if served outside Canada or the U.S.), 45 days to attend the information program, and 60 days' notice before relocating a child.

This page gathers the main time limits in one place. Each one comes from a statute or rule linked under Sources. For the bigger picture of ending a marriage, see our divorce page.

How do you check your own deadlines, step by step?

1. Fix the key dates. Write down the date of marriage, the separation date and, if there is one, the date any divorce took effect, in Ontario or abroad.
2. Work out the property deadline. Count six years from separation and two years from the divorce; the earlier date is your limit (Family Law Act, s. 7(3)).
3. Separate the claims with no limit. Support under the Family Law Act has no limitation period (Limitations Act, s. 16(1)(c)), but waiting still has practical costs.
4. If you have been served, count 30 days, or 60 if you were served outside Canada or the U.S., using the counting rule below.
5. Once a case is running, mark the information program, disclosure and the 365-day dismissal warning.
6. If a move is planned, check the 60-day relocation notice and the 30-day objection window.

Families who separated after years abroad, or whose spouse divorced them in Iran, should pay special attention to step 2; our page on what a Persian-speaking family lawyer in Toronto can do covers the other questions that arise for Iranian-Canadian families.

Deadlines for starting a claim

The Limitations Act, 2002 names section 7(3) of the Family Law Act as one of the limits that continues to apply, so the general two-year rule for lawsuits does not replace it. A court can extend a time prescribed by the Family Law Act only if there are apparent grounds for relief, the delay was incurred in good faith, and no one will suffer substantial prejudice (section 2(8)). Do not count on an extension.

A divorce can start the two-year equalization clock early. If your spouse obtains a divorce first, in Ontario or abroad, check the date; our page on getting a divorce certificate in Ontario explains how the effective date is shown. If property in another country is involved, see whether property in Iran counts in Ontario.

Deadlines once a case has started

The step-by-step version of these events is in what happens after you start a family case in Toronto.

How are the days counted?

Rule 3 of the Family Law Rules sets the method. The first day counted is the day after the event that starts the clock, and the last day is the day of the deadline. The rule gives its own example: a respondent served in Canada on October 1 is in time if the answer is served on or before October 31, and one served on November 1 has until December 1. For periods shorter than seven days, Saturdays, Sundays and other days when all court offices are closed are left out. If a deadline falls on a day when court offices are closed, it moves to the next day they are open.

Can a deadline be changed?

Some can. The court may lengthen or shorten any time in the rules or in an order (rule 3(5)). The parties can also change most times in the rules by written consent, but not certain times listed in rule 3(6), including the case management times in rules 39, 40 and 41 and the deadlines for confirming motions and conferences. Court staff must refuse a document filed after the time allowed, unless a consent, statute or order gives a later time (rule 3(7)). Statutory limits, such as the equalization deadline, can only be extended by a court on the strict test in section 2(8) of the Family Law Act.

What happens when the other side misses a deadline?

A respondent who does not answer in time can lose the right to notice of further steps and to take part, and the court can deal with the case without them, including at an uncontested trial (rules 10(5) and 1(8.4)). In a child support claim, a parent who does not produce income documents can face an order to produce them, full costs, and a hearing at which the court may draw an adverse inference and impute income (child support guidelines, sections 22 and 23).

Deadlines about children

If no objection is made within the 30 days and no order prohibits the move, the parent who gave notice may relocate the child on the date in the notice. A court can waive or change the notice requirements, including where there is a risk of family violence. Support for a child who is 18 or older follows its own rules; see whether child support stops at 18 in Ontario.

Dates that follow a divorce

A divorce takes effect on the 31st day after the judgment, unless there is an appeal or the court orders an earlier date for special circumstances (Divorce Act, section 12). The two-year equalization deadline runs from the day the marriage is terminated by divorce. To remarry in Ontario you will need the divorce certificate, or the written authorization of the Minister if the divorce was granted outside Canada (Marriage Act, section 8).

What changes the answer?

• Whether you were married. Equalization and its deadline apply to married spouses; unmarried partners have support claims with no limitation period, explained in common-law spousal support in Ontario.
• Whether there has been a divorce, and when. A divorce, including one recognized from abroad, can bring the two-year limit forward; see when an Iranian divorce is recognized.
• Where you were served. Service outside Canada or the U.S. doubles the answer time (r. 10(2)).
• Whether the parties consent to a change. Most rule deadlines can be changed by written consent, but not those listed in r. 3(6).
• Whether a spouse has died. The six-month limits in ss. 6(10) and 7(3) then apply.
• Whether there is family violence. A court can waive or change relocation notice where there is a risk of family violence.

A worked example

For example, imagine a woman in Richmond Hill who separated in June 2021 and has not started a property claim. Her husband, who moved back to Iran, obtained a divorce there in September 2025, after living in Iran for more than a year. Six years from separation would take her to June 2027, but if the Iranian divorce is recognized in Canada, the two-year limit runs from the divorce and ends in September 2027, so June 2027 is still the earlier date. Had the divorce been granted in 2024, the two-year limit would have ended in 2026 and she might already be out of time, leaving only an extension under the strict test in section 2(8). Her support claim has no limitation period. This is a hypothetical calculation, not advice on any real dates.

What mistakes do people make with deadlines?

1. Counting only the six-year limit and forgetting that a divorce can start a shorter one.
2. Ignoring a divorce granted abroad because it was not granted in Canada.
3. Counting the day of service as day one. The first day counted is the next day (r. 3).
4. Relying on the other side to agree to an extension of a statutory limit, which only a court can extend.
5. Filing late and expecting staff to accept it. Court staff must refuse a document filed out of time without a consent, statute or order (r. 3(7)).
6. Moving with a child on short notice instead of giving 60 days' written notice.

What to do this week

1. Write down your marriage, separation and any divorce dates, with proof of each.
2. Calculate both equalization limits and circle the earlier one.
3. If you were served, count the answer period from the day after service.
4. Start your financial statement, because property claims need it.
5. If a date is close, speak to a lawyer now.

Frequently asked questions

Is there a deadline to ask for child or spousal support?

There is no limitation period for support under the Family Law Act (Limitations Act, s. 16(1)(c)). Waiting still means going without an order in the meantime.

Does the six-year limit start when one of us moves out?

It runs from the date the spouses separated with no reasonable prospect that they will resume living together, which is often, but not always, the day one of them moved out.

Can the court extend the equalization deadline?

Only if there are apparent grounds for relief, the delay was in good faith, and no one will suffer substantial prejudice (Family Law Act, s. 2(8)).

How long do I have to answer an application served on me in Iran?

Sixty days, because it was served outside Canada and the United States (Family Law Rules, r. 10(2)).

Is there a time limit to challenge a family arbitration award?

Yes, and it is short: 30 days for an appeal or an application to set aside in most cases. See the rules for family arbitration in Ontario.

What if my spouse wants to take our child abroad for good?

That is a relocation, with 60 days' written notice and a 30-day objection window. Read what an Ontario court can order about travel.

If you think a deadline may already have passed, or is close, speak to a lawyer now rather than later. Sarbazevatan Law can review your dates with you in English, Persian (Farsi) or French. Call +1 (416) 628-2041 or reach us through the contact page.