Tag: Motions

Andreina Minicozzi and Devry Smith Frank LLP are committed to following the guidelines and recommendations outlined by the Public Health Agency of Canada to ensure the safety and wellbeing of employees, colleagues, clients, friends, and families. During these unprecedented times we understand that your family law matter may be in limbo. It is important to understand which family law motions may still be brought before the Superior Courts. This post looks at this issue within the Toronto, Central East and Central West regions.

Toronto

In Toronto, the Superior Courts will only hear motions on specific grounds. The first ground is that the motion must be urgent. This includes:

1. Requests for urgent relief relating to the safety of a child or parent (e.g., a restraining order, other restrictions on contact between the parties or a party and a child, or exclusive possession of the home);
2. Urgent issues that must be determined relating to the well-being of a child including essential medical decisions, issues relating to the wrongful removal or retention of a child, or failure to comply with existing court orders and parenting plans;
3. Issues regarding the financial stability of the family unit, including for example support or the need for a non-depletion order;
4. Urgent child protection motions involving the Children’s Aid Society.

It is important to note that the actual hearing of these motions is likely to take place either virtually or by way of teleconference.

Parties can also consider bringing motions by way of 14B. A 14B motion is a motion made in writing. The courts will continue to hear 14B motions that are made on consent of all the parties.

Central East – Barrie, Bracebridge, Cobourg, Lindsay, Newmarket, Oshawa, Peterborough

Much like Toronto, the Central East Region is only hearing motions on specified grounds. This includes:

1. Urgent motions that meet the threshold for urgency, and ex-parte motions i.e. on matters relating to the safety or well-being of a child.
2. 14B motions in writing, requesting consent Orders on issues such as support, changes to temporary support, parenting issues (primary residence, “access” time), disbursement of funds held in trust, appointment of an OCL, Child Protection matters, and other consent matters.
3. 14B motions requesting a Case Conference if the issues are pressing. Pressing issues that may require a Case Conference include issues of parenting, COVID-19 concerns, financial issues, or Child Protection matters that do not necessarily meet the stringent test of urgency in addition to urgent matters of a similar nature.
4. Consent Motions to Change when both parties are seeking to change a portion or all of a previous order or agreement in place.

Again, note that the actual hearing of these motions is likely to take place either virtually or by way of teleconference.

Central West – Brampton, Milton, Orangeville, Guelph, Owen-Sound, Walkerton

The Central West Region’s hearing of motions during these unprecedented times mimic the hearings offered by Toronto, including again:

1. Requests for urgent relief relating to the safety of a child or parent (e.g., a restraining order, other restrictions on contact between the parties or a party and a child, or exclusive possession of the home);
2. Urgent issues that must be determined relating to the well-being of a child including essential medical decisions, issues relating to the wrongful removal or retention of a child, or failure to comply with existing court orders and parenting plans;
3. Issues regarding the financial stability of the family unit, including for example support or the need for a non-depletion order;
4. Urgent child protection motions involving the Children’s Aid Society.

The Superior Courts in Central West will also hear consent motions in writing, made by way of a 14B motion.

However, unlike Toronto and Central East, Central West is allowing parties to submit motions if the parties consent that the entire motion can be decided in writing only. This means no oral hearing is provided, and the presiding judge will make their decision predominantly based on the parties’ written material only.

Conclusion

If you believe your family law matter requires urgent attention by the courts, please do not hesitate to contact Andreina Minicozzi at Devry Smith Frank LLP (289-638-3179 or andreina.minicozzi@devrylaw.ca) to have your rights assessed and protected. Court procedures for filing materials and scheduling a motion have also changed and we have stayed up to date on these new procedures so that your rights continue to be protected during these unprecedented times.