Hearings

When your case is called, both parties (and their lawyers, if any) approach the front of the courtroom. The clerk will confirm the names of the parties and the nature of the proceeding. The judge will briefly review the file. In most hearings, the applicant (the person who started the case) goes first. Each party will have an opportunity to speak. Listen carefully when the other party is speaking — do not interrupt. Wait for the judge to invite you to respond.

Always address the judge as 'Your Honour.' Begin your submissions by introducing yourself: 'Your Honour, my name is [name] and I am the applicant in this matter.' Speak clearly and at a moderate pace. Do not read directly from your notes — use them as a guide but speak naturally. If you do not understand a question the judge asks, it is acceptable to say 'I'm sorry, Your Honour, could you repeat that?' Never argue with the judge or raise your voice.

In a motion hearing, your evidence is in your affidavit — you do not testify live. In a trial, you will testify in person. When testifying, answer the questions asked — do not volunteer extra information. Speak to the judge, not to the other party. If you are asked a question you do not know the answer to, say so — do not guess. If you are asked about a document, ask to see it before answering. Your credibility as a witness is one of the most important factors in your case.

Cross-examination is when the other party (or their lawyer) questions you after you have given your evidence. It can be stressful. Stay calm. Answer only the question asked — do not elaborate. If a question is confusing, ask for clarification. If you do not remember something, say so. Do not argue with the person cross-examining you. If a question is improper, your lawyer can object — if you are self-represented, you can ask the judge whether you need to answer. Cross-examination is a normal part of the process.

After all the evidence is presented, each party makes submissions — oral arguments summarizing their position and asking the judge for specific orders. Submissions are not evidence — they are argument. Be organized and concise. Start with what you are asking for, then explain why the evidence supports it. Refer to specific parts of the evidence. Address the other party's key arguments. End by clearly stating the orders you want the judge to make. Judges appreciate submissions that are focused and respectful of their time.

After a hearing, the judge may give a decision immediately (called an oral decision) or reserve the decision to be issued in writing later (called a reserved decision). If the decision is reserved, it can take weeks or months. Once a decision is made, someone must draft a formal order reflecting the judge's decision. The order must be reviewed by both parties and signed by the judge before it is issued. Keep a copy of every order in a safe place — you will need it for enforcement and future proceedings.