Binding Judicial Dispute Resolution (Binding JDR)

On January 22, 2025 the Family Law Rules were amended to add Rule 43: Binding Judicial Dispute Resolution in the Superior Court of Justice. The Practice Advisory Concerning the Superior Court of Justice’s Binding Judicial Dispute Resolution (JDR) Pilot Project (introduced on May 14, 2021, amended August 1, 2023) is no longer in effect and has been replaced by Rule 43.

Rule 43 allows parties to choose a Binding Judicial Dispute Resolution (JDR) as a summary process to resolve their family dispute, instead of a trial.  Through Binding JDR, parties ask the same judge to try to assist them to settle their issues on consent and to make final orders about unresolved issues in a single hearing. Prior to the Binding JDR hearing proceeding, the parties must sign a request and consent form and obtain the approval of the Court.

A Binding JDR hearing includes both the settlement and the adjudication parts of the process. The judge conducting the Binding JDR hearing will explore with the parties (and their lawyers, if any) possibilities for resolution. As in any court proceeding, the judge conducting the Binding JDR hearing has an oversight role and must approve any terms of settlement.

For any issues that cannot be resolved on consent, the judge will hear submissions from the parties about the orders that they are seeking. The judge may ask the parties questions and request additional information, if necessary, to reach an informed and fair decision.  The parties do not have an automatic right to call and cross examine witnesses at a Binding JDR hearing.

At the conclusion of the Binding JDR hearing, the judge will provide a final order on the issues, including those that have been resolved on consent.

Rule 43 applies in Superior Court of Justice locations, (including in the unified Family Court) that have been approved by the Chief Justice of the Superior Court of Justice. To date, this includes: the entire East, Central East, Central South, Northeast, Northwest and Toronto regions and Middlesex County (London).

For information about Binding JDR, how to request and schedule a hearing, how to file evidence for the hearing, and what to expect at a Binding JDR hearing, see Rule 43 of the Family Law Rules. The forms needed to request and participate in a Binding JDR Hearing are available on the Ontario Court Forms website:

• Form 43: Binding Judicial Dispute Resolution Hearing Request and Consent
• Form 43A: Binding Judicial Dispute Resolution Hearing Request and Consent – Office of the Children’s Lawyer
• Form 43B: Affidavit for Binding Judicial Dispute Resolution Hearing
• Form 43C: Confirmation of Binding Judicial Dispute Resolution Hearing