In an Ontario family court trial, you can use a Form 23 Summons to Witness to legally force an uncooperative third party (such as a business partner or an accountant) to testify under oath and bring specific financial documents to court. Failing to attend after being properly served can result in a judge issuing a warrant for their arrest.
When navigating a high-conflict separation, your ex-spouse is not the only person who holds crucial evidence. 🗂 Sometimes, a spouse will intentionally funnel money to a new partner, ask their employer to delay a bonus, or run personal expenses through a corporate business partner. When these third parties refuse to voluntarily provide information, you cannot simply rely on your ex-spouse’s word to uncover the truth.
Under the Ontario Family Law Rules, you have the legal right to drag these third parties into the light. Whether your trial is taking place in Toronto, Ottawa, or Windsor, issuing a Form 23 Summons to Witness is a highly effective litigation tool. By officially commanding their presence, you strip away their ability to ignore your requests, ensuring that the Superior Court of Justice has all the facts necessary to make a fair ruling on support and property equalization.
Step-by-Step Process: Issuing a Form 23 Summons in Ontario
You cannot simply call someone on the phone and demand they show up to court. 📋 Compelling a witness requires strict adherence to formal legal procedures. If you make a mistake in serving the document, the witness has the legal right to simply stay home.
Step 1: Identifying the Required Evidence
First, you and your family lawyer must pinpoint exactly what this third party knows. Are they an HR manager who can confirm your spouse’s true salary? Are they a new partner who co-signed a secret mortgage? You must ensure their testimony is directly relevant to your claims for child support, spousal support, or the division of Net Family Property.
Step 2: Drafting the Form 23 Summons
Your legal team will prepare the official Form 23 document. 📂 This form clearly lists the date, time, and specific courtroom where the trial is being held. Crucially, it includes a “Schedule” section where your lawyer will list every specific document the witness must physically bring with them (e.g., “All corporate banking ledgers for ABC Corp from 2023 to 2026”).
Step 3: Calculating and Preparing Attendance Money
In Ontario, you must financially compensate a witness for their time. You must provide “attendance money,” which includes a standard daily witness fee plus a strict travel allowance based on the exact kilometer distance between their home and the courthouse. If you do not hand them this cash or cheque at the exact moment of service, the summons is legally invalid.
Step 4: Executing Personal Service
A Summons to Witness cannot be casually emailed or slipped under a door. 👤 It must be served personally by a professional process server. The server must physically walk up to the witness, hand them the Form 23, and hand them the required attendance money simultaneously. The server then swears an Affidavit of Service to prove to the judge that the delivery was successful.
How Much Does it Cost to Summon a Witness in Ontario?
Bringing third parties into your litigation involves highly specific out-of-pocket disbursements. 💵 Here is a breakdown of the estimated costs in Canadian dollars (CAD) as of 2026.
| Expense Category | Estimated Cost in CAD | Details of the Expense |
|---|---|---|
| Lawyer Drafting Fees | $300 to $600 | To correctly draft Form 23 and calculate the exact legal mileage allowances. |
| Mandatory Attendance Money | $50 + Travel Costs | $50 per day for attendance, plus approx. $0.30 to $0.40 per km for travel depending on the city. |
| Professional Process Server | $100 to $250 | The fee to track down the witness and hand them the documents personally. |
- Expert Witness Fees: If you are summoning a professional expert (like a doctor or a Chartered Business Valuator) to testify on their findings, their attendance fees are drastically higher, often costing $2,000 to $5,000 per day.
- Cost Recovery: If your ex-spouse’s lies forced you to subpoena their employer, the judge may order your ex-spouse to reimburse your witness costs at the end of the trial.
How Long Does the Process Take?
Preparation is key when scheduling witnesses. ⏱ A Form 23 Summons to Witness must typically be served on the individual at least several weeks before the trial commences to give them time to arrange time off work and gather the requested documents. Do not leave this to the last minute; finding an evasive witness to serve them personally can sometimes take 2 to 3 weeks alone.
Frequently Asked Questions (FAQ)
What happens if the witness ignores the Summons and doesn’t show up?
If the process server’s Affidavit proves they were properly served with attendance money, the judge can issue a “warrant for arrest.” The local police can physically arrest the witness and bring them directly to the Ontario Superior Court of Justice to testify.
Can I summon my ex-spouse’s new romantic partner?
Yes, but only if they possess relevant financial or factual information. If your ex-spouse is claiming poverty but just bought a $1 million house with their new partner, you can absolutely summon the new partner to testify about where the down payment came from.
Do I have to pay my ex-spouse’s attendance money if I call them as a witness?
No. You do not need to issue a Form 23 or pay attendance money to a person who is an actual “party” to the legal action (i.e., the Respondent or Applicant). Your ex-spouse is already legally required to attend their own trial.
Can the witness refuse to answer certain questions?
Once on the witness stand, they must answer all questions directed by your lawyer unless their own lawyer (or the judge) raises a valid legal objection, such as solicitor-client privilege. They cannot simply refuse to answer because the topic is embarrassing.
Leave a Reply