Orders: what happens after the judge decides

What is it for?

Rule 25 — Orders ↗ explains how a court decision becomes a written order, who prepares it, how parties check the wording, when it takes effect, and limited grounds for asking the court to change it.

What it can and cannot do

An order records what the court decided. Reviewing a draft is a chance to make the writing accurate, not to argue the underlying issue again. A Rule 25(19) motion is a separate route for specified problems with an order; a later change in circumstances normally belongs under Rule 15 — Changing a final order or agreement.

Parties who agree may ask the court for a consent order without attending, subject to the court’s decision under Rule 25(1). Agreement alone does not replace the court order.

Prepare the order after a court decision

1. Read the endorsement and note exactly what was decided.Record the date the order was made, each term, any start date, and which party the judge directed to prepare it.
2. Find out who will draft it.Under Rule 25(2), the party in whose favour it was made usually prepares the draft (Form 25, 25A, 25B, 25C or 25D), unless the court orders otherwise. If that party is unrepresented or has not drafted it within 10 days, another party may do so under Rule 25(3). If no party has a lawyer, Rule 25(11) directs the clerk to prepare it within 10 days; the clerk also prepares certain specified orders and any order the judge directs.
3. Write only the terms actually ordered.Use the suitable order form, the court file details, precise dates and wording, and the endorsement as the reference. Do not add relief that the judge did not grant. Check any directions in your case and the East Region practice direction ↗ for how to provide a draft in Ottawa.
4. Send the draft for approval where required.Rule 25(4) requires the drafting party to serve the draft on the other parties who attended or were represented when the order was made. They review its form and content for accuracy.
5. Arrange signature and serve the completed order.If there is approval, or the Rule 25(8) period expires without approval or a Form 25E dispute, follow the court’s process for signature. Rule 25(13) generally requires the person who prepared the order to serve the signed order, unless the court orders otherwise. Keep a copy and proof of service.

Timeline: decision to signed order

1. Day the court makes it: the order generally takes effect then, unless its terms say otherwise (Rule 25(18)). Read the endorsement even if the formal order is prepared later.
2. Within 10 days of the decision: if the party favoured has not prepared a draft, another party may prepare it. When no party has a lawyer, the clerk prepares it within 10 days (Rules 25(3) and (11)).
3. After a draft is served for approval: if no approval or Form 25E notice disputing approval is served within 10 days, it may be signed without approval (Rule 25(8)).
4. If the draft is disputed: the person disputing it serves Form 25E, a proposed redraft, and notice of a clerk-set telephone conference. The clerk sets the time within five days after the dispute notice is served (Rules 25(5)–(7)).

Use Rule 3 — Counting court deadlines and any specific court direction to calculate dates.

If the wording is wrong

Compare the draft line by line with the judge’s endorsement or decision. If a term does not reflect what the court ordered, tell the drafting party what wording you propose. If you still disagree, Rule 25(5) provides Form 25E — Notice Disputing Approval ↗, your redraft, and a clerk-set telephone conference. If the clerk cannot settle the text, it goes to the judge who made the order under Rule 25(7).

Example: If the judge ordered pickup at 5 p.m. but the draft says 6 p.m., identify that difference and propose 5 p.m. A draft-order dispute addresses the record of the decision; it does not seek a new parenting schedule.

Some orders may be signed without this approval process: for example, a dismissal without costs, an order the clerk prepared, or an emergency where waiting for approval would have serious consequences (Rules 25(9)–(10)).

If the order itself needs to be changed

Rule 25(19) lets the court consider a motion to change an order obtained by fraud, containing a mistake, omitting a matter that was before the court, made without notice, or made with notice when an affected party missed the hearing because notice was inadequate or the court accepts the reason for their absence. The fact that an order was made without notice is a listed ground to ask; it does not automatically make the order invalid.

Rule 25(20) applies the Rule 14 motion procedure, with necessary changes, to a motion under Rule 25(19) even if the order is final. Be precise about the paragraph you rely on, the evidence for it, and the exact correction or change requested.

Which route fits? A draft that misstates the judge’s decision: use the Rule 25(5) approval-dispute process. One of the specific problems in Rule 25(19): consider a Rule 25(19) motion. A later change in circumstances after a final order: see Rule 15. The correct route depends on the actual order and relief sought.

Hot points to remember

• Winning may mean drafting: the successful party usually prepares the draft, but an unrepresented party is not the only possible drafter and the clerk has a role when nobody has counsel.
• Do not approve inaccurate wording: use the endorsement to identify the difference and, if necessary, follow the Form 25E process before the 10-day no-response period ends.
• Effective before typing: Rule 25(18) makes the order effective when made unless the order states another date.
• No-notice orders: Rule 25(19)(d) permits a motion to ask for a change. The court decides whether to grant it.

Forms, page limits, and Ottawa filing

Forms: the appropriate Form 25 series order ↗ for the kind of order; Form 25E if disputing the draft’s approval; and the applicable Rule 14 motion materials if bringing a Rule 25(19) motion. The form and any directions from the judge control the next step.

Page limits: Rule 25 does not set a general page cap for an order or Form 25E. If you bring a motion under Rule 25(19), check the separate affidavit, exhibit and factum limits in the motion guide and current practice directions.

Ottawa: check the East Region direction ↗, the endorsement, and the court’s current filing instructions for the format and submission of the draft. Serving a draft for approval, getting the formal order signed, and serving the signed order are distinct steps.