But a local lawyer says that until a UFC is placed in the Toronto area, millions are being left to navigate a confusing, “two-tiered” family court system.
The province’s vow came via a recent email from a spokesperson with Ontario’s Ministry of the Attorney General, who said the government “has been, and continues to be, committed to expansion of the UFC.”
Spokesperson Keesha Seaton noted the province began “Phase 1” of its expansion plan in 2019, which has seen UFCs placed in eight new places in the province: Belleville, Picton, Pembroke, Kitchener, Welland, Simcoe, Cayuga and St. Thomas.
“This means that UFCs are now available in 25 communities across Ontario and allow families to go to one court to fully resolve their legal issues,” said Seaton.
According to a government webpage, other locations include Ottawa, Newmarket, Peterborough, Hamilton, Cobourg, London and Oshawa.
Seaton’s email came in response to the government being asked to comment on a recent recommendation by The Advocates’ Society (TAS) that UFCs be established across Canada. TAS maintains that the two-tier system currently existing in most parts of the country causes confusion, inefficiencies and greater costs for parting spouses.
In June, TAS released a report detailing the problem: divorce claims and property division matters are dealt with by superior courts, which fall under federal appointment, while child protection issues are dealt with by provincial courts, which are of provincial jurisdiction.
There is overlap between the two courts when it comes to child support, spousal support and parenting, but TAS maintains that this adds to the confusion on the part of litigants.
Ira Marcovitch, Victor Vallance Blais
But more needs to be done.
“The Phase 1 Expansion through smaller communities in Ontario was certainly a step forward for access to justice in those communities,” said Marcovitch, an associate with Victor Vallance Blais. “However, until a UFC is implemented in the Toronto region, there are millions of Ontarians — in the jurisdiction that sees the highest family law case load — who are left to navigate a two-tiered court system. At this point, it’s the largest hill to tackle, but arguably the most impactful.”
Following Marcovitch’s comments, Seaton was asked how the current locations were picked and why Toronto does not yet have a UFC. In answering, she noted that collaboration is needed between Ontario and the federal government.
The question about Toronto was not specifically addressed.
“The decision to expand UFCs and the determination of locations must be made collaboratively with the judiciary as well as with the federal government. As UFC is a branch of the Superior Court of Justice, expansion relies on judicial appointments by the Federal government,” she said. “We will continue working in collaboration with the judiciary and with the Federal government to expand UFC provincewide.”
According to TAS, there are 57 UFCs across Canada. Three provinces — Nova Scotia, New Brunswick and P.E.I. — have fully unified family courts while three others — Alberta, B.C. and Quebec — have no UFCs.
Ontario, Saskatchewan, Manitoba and Newfoundland have “partially implemented UFCs in certain geographic areas.”
TAS maintains that UFCs provide a “one-stop shop” for litigants, where they do not have to take the time and expense in navigating the two-court system.
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