LITIGATION

When parties find themselves unable to resolve their marital issues through negotiation or mediation, or when urgent action is required due to safety or hardship concerns, litigation may become the sole recourse. Litigation involves initiating legal proceedings in court, enlisting judges to facilitate resolution if feasible, or issuing legally binding court orders based on the evidence presented by the parties. By strategically advocating for our clients during court proceedings, our representation often paves the way for negotiated settlements that mitigate the need for costly and protracted legal battles.

In the realm of family law litigation, the competence of your legal representation holds immense significance. Our attorneys frequently blend courtroom litigation with other methods of conflict resolution. Possessing the adeptness and proficiency to navigate the intricate and demanding court process, we have fostered a strong reputation among judges in Ontario and other Canadian jurisdictions.

From your initial consultation with us, we provide strategic guidance regarding your case, exploring a range of avenues for resolving your dispute. Whether through litigation, negotiation, mediation/arbitration, collaborative practice, or a combination of methods, we offer tailored advice.

Should court proceedings become necessary, we will adeptly guide you through various litigation stages, including preparing legal documents, attending court conferences, addressing contested motions, and, if absolutely required, proceeding to trial. Distinguishing Giving Tree Family Law is our ability to effectively present pertinent evidence and compelling legal arguments, focusing on the aspects most pertinent to the court's consideration.

We represent clients across all levels of court in Ontario, including the Ontario Court of Justice, the Superior Court of Justice, and the Family Court of the Superior Court of Justice. Our appearances extend to courts within the Greater Toronto Area and throughout Ontario. 

Following a trial, if either party believes that the court made an erroneous decision, the option for appeal to a higher court, such as the Divisional Court or the Court of Appeal of Ontario, is available. The appellate court reviews the case based on its original presentation, assessing whether a ruling should be altered or reversed due to an error. 

Whether it's to appeal a decision or carry out the initial court litigation process, our approach is marked by creativity, practicality, and intelligence, ensuring that any family law matter is addressed in the most efficient and cost-effective manner possible.