Court Documents

When you file an application, the court opens a file with a unique file number. Every document filed in your case is added to this file. The court file is a public record — in most provinces, anyone can request to see it (with some exceptions for sensitive information). Keep your file number in a safe place and include it on every document you file. You can usually request copies of documents from your court file at the courthouse for a small fee.

An affidavit of service is a sworn document proving that you properly served court documents on the other party. After you serve documents, the person who did the serving (which cannot be you) must swear an affidavit describing how, when, and where service was done. This document is filed with the court to prove the other party received the documents. Proper service is a legal requirement — if you cannot prove service, the court may not proceed with your case.

An endorsement is the judge's written record of what happened at a court appearance and what orders were made. It is written on the court file or on a separate endorsement sheet. After each appearance, ask the clerk for a copy of the endorsement. It is your record of what the judge said and ordered. If a formal order has not yet been issued, the endorsement is the best evidence of what was decided. Review it carefully — if it does not accurately reflect what the judge said, raise the issue promptly.

A formal order is the official written version of a judge's decision, signed by the judge and issued by the court. It is the document you will use to enforce the court's decision. After a hearing, someone (usually the winning party or their lawyer) must draft the formal order, have the other party review it, and submit it to the court for the judge's signature. This process can take weeks. Once issued, keep the original in a safe place — you will need it for enforcement, variation, and other proceedings.

A factum is a written legal argument filed in support of a motion or at trial. It sets out the facts of your case, the legal issues, and the law you are relying on. Factums are required in some proceedings and optional in others, depending on the province and the type of hearing. A well-written factum helps the judge understand your position before the hearing. If you are self-represented, a factum is not always required, but a brief written summary of your position can be very helpful.

An exhibit is a document or other item attached to an affidavit as evidence. Each exhibit is given a letter (Exhibit A, Exhibit B, etc.) and is referred to in the body of the affidavit. Common exhibits include text messages, emails, financial records, photographs, and medical reports. Each exhibit must be identified by a commissioner of oaths when the affidavit is sworn. Only attach exhibits that are directly relevant to the issues in your case — judges do not appreciate being buried in irrelevant documents.

Both parties in a family law case have a legal obligation to provide full financial disclosure — all documents relevant to their income, assets, and debts. This includes tax returns, pay stubs, bank statements, investment statements, business records, and property valuations. Failure to disclose can result in serious consequences, including costs awards and adverse inferences by the court. If you believe the other party is hiding assets, you can bring a motion to compel disclosure or request a financial examination.