Rule 1.4 — Stopping Frivolous Motions (New 2026)

Rule 1.4 is a new rule in Ontario's Family Law Rules (O. Reg. 114/99, as amended by O. Reg. 310/26, effective June 1, 2026). It gives Ontario family courts the power to stay (pause) or dismiss a case or motion that appears on its face to be frivolous, vexatious, or otherwise an abuse of the court process. The rule applies in the Family Court of the Superior Court of Justice, the Superior Court of Justice, and the Ontario Court of Justice — covering virtually all Ontario family law proceedings.

A frivolous motion or case is one that has no reasonable legal basis — it is brought without merit, often to waste the other party's time and money. A vexatious proceeding is one brought to harass, annoy, or oppress the other party rather than to genuinely resolve a legal dispute. An abuse of process is a broader concept that includes using the court system for an improper purpose. Courts look at the face of the materials filed — if the motion or case appears on its face to have no merit or to be brought for an improper purpose, Rule 1.4 can apply.

There are two ways Rule 1.4 can be triggered. First, a party can request it: file a request using Form 1.4, serve it on every other party, and ask the court to stay or dismiss the case or motion. Second, the court can act on its own initiative — a judge can raise Rule 1.4 without anyone asking, and the court clerk can also notify the judge if they believe a case may be frivolous. Once the court decides it may act, it directs the clerk to send a notice (Form 1.4A) to all parties. From that moment, the case is automatically stayed — no one can take any further steps except those set out in Rule 1.4 itself, unless the court orders otherwise.

After receiving the Form 1.4A notice, the party who brought the case or motion has 15 days to file a written submission of up to 10 pages explaining why the court should not dismiss it. If no submission is filed within 15 days, the court can dismiss the case or motion without any further notice. If a submission is filed, the court may share it with the other parties, who then have 10 days to file their own responding submission of up to 10 pages. The judge decides based on the written submissions — no court appearance is required unless the court orders one.

Under Rule 1.4, the court can: stay (pause) the entire case or a specific motion; dismiss the case or motion outright; and — when dismissing a motion — also order that the party who made it cannot bring any further motions in the case without first getting the court's permission. This last power is particularly significant: it can effectively stop a party from continuing to file baseless motions to harass the other side.

Rule 1.4 deals with a specific case or motion. A vexatious litigant order under section 140(1) of the Courts of Justice Act is a broader, more serious designation that can restrict a person from starting any court proceedings without permission — across all courts, not just one case. Rule 1.4 itself notes that vexatious litigant orders are governed by Rule 2.2 of the Rules of Civil Procedure, not by Rule 1.4. Think of Rule 1.4 as a case-specific tool, and a vexatious litigant order as a system-wide one.

Document the pattern. Keep a record of every motion filed, the outcome, and the cost to you. If a pattern of baseless filings is clear, you can file a request under Rule 1.4 using Form 1.4 (available at ontariocourtforms.on.ca). Serve it on every other party and file it with the court. In your written submission, explain clearly why the motion or case is frivolous or vexatious — focus on the legal merits (or lack thereof), not on your feelings about the other party. You may also want to ask for costs under Rule 24 at the same time. Consider consulting a lawyer or a courthouse self-help centre before filing.