How Long Does an Uncontested Divorce Take in Ontario? Insights from Boisvert v. McDonald, 2023 ONSC 4824

If you’re wondering how long does an uncontested divorce take in Ontario, this case study of Boisvert v. McDonald, 2023 ONSC 4824 offers a real-world example of the process and timeline when one party fails to participate. In this Ontario family law case, the respondent’s lack of engagement led to an uncontested trial, providing insight into both the legal steps involved and the outcomes for those involved. Below, we’ll walk through the details of the case and explore the broader implications of non-participation in the divorce process.

Background of the Case

In this particular instance, the respondent was given ample opportunity to participate but chose not to. He had been properly served with the divorce application and even attended a case conference early on, confirming his awareness of the proceedings. However, he failed to file an answer or engage further, triggering consequences under Ontario’s Family Law Rules. This lack of response shifted the case into an uncontested trial, a scenario that raises the question: how long does an uncontested divorce take in Ontario when one side doesn’t participate?

The Uncontested Trial Process

With no participation from the respondent, the court proceeded based solely on the applicant’s evidence. Here’s what happened:

• Proper Service Confirmed: The court verified that the respondent had been served and was aware of the case, satisfying procedural requirements.

• Consequences of Non-Participation: Per the Family Law Rules, the respondent lost the right to further notice, participation, or the ability to present evidence.

• Evidence Accepted: The applicant’s testimony and documentation on parenting, income, and other matters were accepted as fact, unchallenged by the respondent.

  
  

This streamlined process can affect the timeline significantly. While contested divorces can drag on due to disputes, an uncontested divorce—especially with non-participation—may resolve more quickly, though exact timing depends on court schedules and case specifics.

Outcomes of the Case

The court issued several orders based on the applicant’s uncontested evidence:

• Parenting Arrangements: The applicant was granted sole decision-making authority and primary care of the child. Evidence showed the child had lived with the applicant since separation, attended school in their community, and had special needs supported by medical documentation.

• Child Support: The respondent’s income was imputed at $70,000 annually based on historical data, as he provided no financial disclosure. This led to ongoing child support orders, plus arrears and a contribution to special expenses like medical costs.

• Costs: The respondent was ordered to pay $15,000 in costs to the applicant, reflecting the additional legal burden caused by his non-participation.

These outcomes highlight how non-participation can lead to a one-sided resolution, often favoring the engaged party.

Implications for Respondents

This case underscores a critical lesson: failing to participate in a divorce proceeding doesn’t halt the process—it simply removes your voice from it. For respondents, engaging in the process (even minimally) can help ensure your perspective is considered, especially on issues like child custody and support. Seeking legal advice can be a wise step to protect your rights, regardless of whether you contest the divorce.

Conclusion

For those asking how long does an uncontested divorce take in Ontario, Boisvert v. McDonald, 2023 ONSC 4824 illustrates that non-participation can expedite the process by eliminating disputes, though the exact timeline varies. More importantly, it shows the risks of staying silent—losing influence over life-altering decisions like parenting and finances. Whether you’re the applicant or respondent, understanding the uncontested divorce process and its consequences is key to navigating it effectively. In short, an uncontested trial can be ordered against you. In this case, the court found that there was no reason not to take the facts presented by the Applicant as the true sequence of events. This led to a parenting order, support order and costs award.