The COVID-19 Pandemic drastically changed everyday life and normality. To keep people socially distanced and stop the spread of the virus many predominantly in person services turned to technology to remain open and accessible. The court system was not immune from such change as many courts were unable to stay open eventually becoming virtual and using platforms such as Zoom to keep proceedings up to date and on schedule. While using these online platforms seemed to once disrupt the status quo, virtual court has continued into recent times and become the new ‘normal’. What was once a new obstacle to overcome has become a convenience to both lawyers and clients. Everyone feels differently when it comes to the use of technology. For some, technology has become second nature and is a preferred mode of communication. However, some feel anxious using technology or do not understand how to use it. Staying informed with current changes to court appearances is the best way to ease stress and plan ahead.
At INB Family Law LLP, we prioritize our clients’ interests and want our clients to feel well supported for their court date regardless of the mode in which it takes place. This blog discusses the new 2026 changes to virtual hearings to keep you informed on what you can expect going forward when it comes to your next court appearance.
The COVID-19 Pandemic changed the legal landscape directly affecting court proceedings in Ontario. Lawyers often describe the pre-COVID-19 court atmosphere as lively and busy compared to the now quieter hallways resulting from limited in-person appearances. Legal documents were once physically printed and brought to the courts and now are submitted via an online portal. The majority of in-person case conferences were moved to online Zoom meetings that could be attended at the firm or home office. Initial Consultations were predominantly being offered by way of phone or zoom. However, recent changes demonstrate that things might be resorting back to the pre-COVID-19 ways, and this means additional changes to the way court proceedings will occur.
As of April 2, 2026, family law motions at the Toronto courthouse are now presumed to proceed in person, ending the pandemic-era default of Zoom access. What does this mean for Clients? Remembering the old normal can be difficult as we have all become accustomed to life moving virtually. While the Oshawa court in Durham Region has not stated whether they will follow suit, there is a progressive movement to moving back in person. If you are currently involved in a family law matter in the Oshawa Superior Court, they have the discretion to determine which mode of appearance is appropriate. You can check the Ontario Court of Justice Online Portal to determine the mode of your appearance online. More procedural and beginning staged court appearances such as first appearances, case management conferences and summary motions typically take place virtually with some taking place in person. More substantive events are occurring in person such as settlement conferences and trials.
When it comes to considerations associated with these changes, costs are at the forefront. A virtual case conference that could take 1 hour for a lawyer to attend and bill could now take 4-5 hours, drastically increasing the legal costs a client may have to spend for the lawyers’ services and time. This includes travel time, waiting time and the actual time the court appearance takes. Therefore, it is important to be aware of the mode in which your court date will take place as it will bring unique considerations for how you prepare and communicate with your lawyer leading up to your appearance. While you can request for a proceeding to be held virtually, you must demonstrate that there are “clear and compelling reasons” for the request. Without a clear and compelling reason, you will be expected to attend in person. An additional consideration is that parties will have to be in the same physical room and see each other face-face. This will affect parties that are not amicable or have experienced family violence. Consider these effects and prepare yourself if you affected by the new policies.
It is highly encouraged to communicate with your lawyer leading up to your court date. If you are unsure of the mode in which your appearance will take place, reach out to your lawyer to find out so that you can plan ahead. Communicate your feelings about being in person with your lawyer so they understand your situation. Every situation is unique and if your lawyer understands where you are coming from, they can better support you.
The choice of litigation may not be a possible if you have already commenced or become involved in court proceedings. However, with the potential added costs involved in proceedings moving in person Alternative Dispute Resolution (ADR) such as mediation is a highly recommended route before considering litigation. Every situation is unique, consider your ability to pay for legal services and the best option to solve your family law problems.
Find out the exact location of the court and how long it will take you to get there. It is important to be on time and perhaps early to a in-person court appearance. Often you will need to meet with your lawyer ahead of time to prepare and discuss your matter. If your appearance is via Zoom, you still may wish you join in person at your lawyer’s firm. Consider where you will attend the appearance and communicate the options available with your lawyer ahead of time.
Societal events such as the COVID-19 Pandemic affect what is considered normal at a given time. It is clear that there has been a push to resort back to the pre-COVID-19 default of in-person court appearances which is why it is important to be aware of these changes and how they may affect you if you are someone currently in family law proceedings. While the true extent of this change is yet to be realised, staying up to date with new developments and policies is the best way to feel prepared and informed.
At INB Family Law LLP, our professional and inquisitive lawyers and staff are well acquainted with the legal sphere and the changes that we are experiencing resulting from the COVID-19 Pandemic. Book a consultation with us to answer any questions you may have.