Motions

A motion is a request to the court for a specific order before the final resolution of the case. Motions are used to get temporary (interim) orders on urgent issues — such as where the children will live, who pays support, or who stays in the family home — while the case is ongoing. Motions can also be used for procedural matters, such as compelling the other party to produce documents. Most motions are decided based on written materials rather than live testimony.

To bring a motion, you typically need to file: a Notice of Motion (stating what orders you are asking for and when the motion will be heard); an Affidavit (your sworn written evidence in support of the motion); and a Financial Statement (if the motion involves money). The other party will file a Responding Affidavit. You may then file a Reply Affidavit. Each province has specific rules about deadlines for filing and serving motion materials — check the rules for your province carefully.

At a motion hearing, each party makes brief oral submissions to the judge. The judge will have read the written materials in advance. You will have a limited time — often 15 to 30 minutes per side — to highlight the key points of your case. There is usually no live testimony at a motion hearing (unlike a trial). The judge will make a decision based on the written materials and oral submissions. The decision may be given immediately or reserved (meaning the judge will issue a written decision later).

In genuine emergencies, you can bring a motion without giving notice to the other party (called an ex parte or without notice motion). This is available when giving notice would put someone at risk, or when the situation is so urgent there is no time. Courts scrutinize without-notice motions carefully. If an order is made without notice, the other party will have an opportunity to respond at a follow-up hearing. Do not use without-notice motions for tactical advantage — courts take a dim view of this.

Your affidavit is your most important document in a motion. Write in the first person. State facts, not opinions or arguments. Be specific — include dates, times, and details. Attach relevant documents as exhibits. Keep it focused — only include information that is directly relevant to what you are asking for. Avoid emotional language and personal attacks on the other party. Courts give more weight to affidavits that are organized, factual, and concise. Have someone else review it before you swear it.

Losing a motion does not mean you will lose the case. Motions are decided on limited evidence and are temporary in nature. If circumstances change, you can bring another motion. If you believe the judge made a legal error, you may be able to appeal the motion decision, but appeals are expensive and have a high threshold. More commonly, the issues decided at a motion will be revisited at trial with full evidence. Focus on the next steps in your case rather than dwelling on a motion result.

Yes — and as of June 1, 2026, Ontario courts now have a formal rule for it. Rule 1.4 of the Family Law Rules (O. Reg. 310/26) gives judges the power to stay or dismiss a case or motion that appears to be frivolous, vexatious, or an abuse of the court process. This can happen on the judge's own initiative or on a request from the other party. Here is how it works: A party who wants the court to dismiss a frivolous motion files a request using Form 1.4. The court clerk can also flag a case to the judge if they believe it may be frivolous. Once the court considers acting, it notifies the parties using Form 1.4A. The case is automatically stayed (paused) from that point. The party who brought the motion has 15 days to file a written response of up to 10 pages explaining why it should not be dismissed. The other party then has 10 days to respond. The judge decides based on the written submissions. If the court dismisses a motion under Rule 1.4, it can also order that the party who made it cannot bring any further motions in the case without the court's permission first. This rule is an important protection against harassment through the courts. If someone is filing repeated, baseless motions to drain your resources or delay proceedings, Rule 1.4 gives you a formal tool to ask the court to stop it.