MOTIONS

[Please be advised that the information provided is not to be constituted as legal advice]

There are three types of motions that can be commenced by one party:

With Notice Motions
Without Notice Motions
Procedural Motions

With Notice Motion

In the event that parties cannot come to temporary agreement at a case conference; one party may commence a motion for temporary relief.

To move by way of a motion, the parties must file a notice of motion and a supporting affidavit. It is important for parties to look at the practice direction for the region that the proceedings have commenced in so that the parties can satisfy any other requirement necessary for the motion.

Without Notice Motion

Without Notice motions in Family law are rare and are only used in the following circumstances:

The nature or circumstances make notice unnecessary or not reasonably possible.
There is an immediate danger of a child’s removal from Ontario, and the delay involved in serving a notice of motion would probably have serious consequences.
There is an immediate danger to the health or safety of a child or of the party making the motion, and the delay involved in serving a notice of motion would probably have serious consequences.
Serving the notice of motion would probably have serious consequences.

A party seeking a without notice order has an obligation to make full and frank disclosure of all material facts, even where some of those facts may not be helpful to his or her position. Having regard to this very high standard, it should not be surprising that failure to provide a salient fact to the court will constitute grounds for setting aside the order.

A without-notice order must be served immediately on all parties affected, together with all documents used to obtain it. All without-notice orders shall require the matter to return to court, if possible, to the same judge, within 14 days or on a date chosen by the court.

Form 14B Motions (Procedural Motions)

A party may move by way of Form 14B motion form, if a motion is limited to procedural, uncomplicated, or unopposed matters. A procedural motion is typically used in the following circumstances:

Obtaining an adjournment
Any temporary or final orders on consent
Changing an FAC into a case conference