Motions for temporary orders
When to make motion
14. (1) A person who wants any of the following may make a motion:
1. A temporary order for a claim made in an application.
2. Directions on how to carry on the case.
3. A change in a temporary order. O. Reg. 114/99, r. 14 (1); O. Reg. 544/99, s. 6; O. Reg. 89/04, s. 6 (2).
Who may make motion
(2) A motion may be made by a party to the case or by a person with an interest in the case. O. Reg. 114/99, r. 14 (2).
Parties to motion
(3) A person who is affected by a motion is also a party, for purposes of the motion only, but this does not apply to a child affected by a motion relating to decision-making responsibility, parenting time, contact, child protection, adoption or child support. O. Reg. 114/99, r. 14 (3); O. Reg. 42/21, s. 9.
No motion before case conference on substantive issues completed
(4) No notice of motion or supporting evidence may be served and no motion may be heard before a conference dealing with the substantive issues in the case has been completed. O. Reg. 89/04, s. 6 (3); O. Reg. 383/11, s. 3 (1).
(4.1) Revoked: O. Reg. 89/04, s. 6 (3).
Urgency, hardship etc.
(4.2) Subrule (4) does not apply if the court is of the opinion that there is a situation of urgency or hardship or that a case conference is not required for some other reason in the interest of justice. O. Reg. 202/01, s. 4 (1); O. Reg. 89/04, s. 6 (4).
(5) Revoked: O. Reg. 89/04, s. 6 (5).
Other motions
(6) Subrule (4) does not apply to a motion,
(a) to change a temporary order under subrule 25 (19) (fraud, mistake, lack of notice);
(b) for a contempt order under rule 31 or an order striking out a document under subrule (22);
(c) for summary judgment under rule 16;
(c.1) made in accordance with subrule 1.3 (6);
(d) to require the Director of the Family Responsibility Office to refrain from suspending a licence;
(e) to limit or stay a support order, the enforcement of arrears under a support order, or an alternative payment order under the Family Responsibility and Support Arrears Enforcement Act, 1996;
(e.1) in a child protection case;
(e.2) made without notice, made on consent, that is unopposed or that is limited to procedural, uncomplicated or unopposed matters (Form 14B);
(e.3) made in an appeal;
(f) for an oral hearing under subrule 32.1 (10), 37 (8) or 37.1 (8); or
(g) to set aside the registration of an interjurisdictional support order made outside Canada. O. Reg. 114/99, r. 14 (6); O. Reg. 56/03, s. 2; O. Reg. 91/03, s. 4; O. Reg. 89/04, s. 6 (6); O. Reg. 151/08, s. 3; O Reg. 388/12, s. 6 (1); O. Reg. 322/13, s. 8 (1); O. Reg. 590/22, s. 2.
Motion involving complicated matters
(7) The judge who hears a motion involving complicated matters may,
(a) order that the motion or any part of it be heard as a trial; and
(b) give any directions that are necessary. O. Reg. 114/99, r. 14 (7).
(8) Revoked: O. Reg. 152/21, s. 3.
Documents for a motion
(9) A motion, whether made with or without notice,
(a) requires a notice of motion (Form 14) and an affidavit (Form 14A); and
(b) may be supported by additional evidence. O. Reg. 114/99, r. 14 (9).
Procedural, uncomplicated or unopposed matters — motion form
(10) If a motion is limited to procedural, uncomplicated or unopposed matters, the party making the motion may use a motion form (Form 14B) instead of a notice of motion and affidavit. O. Reg. 114/99, r. 14 (10).
(10.1), (10.2) Revoked: O. Reg. 298/18, s. 10 (1).
Motion with notice
(11) A party making a motion with notice shall,
(a) serve the documents mentioned in subrule (9) or (10) on all other parties, not later than six days before the motion date;
(b) file the documents as soon as possible after service, but not later than four days before the motion date;
(c) confer or attempt to confer orally or in writing with every other party about the issues that are in dispute in the motion, subject to a party being prohibited from such communication by court order;
(d) before giving the clerk confirmation of the motion in Form 14C under clause (e), give a copy of the confirmation of motion to every other party using mail, fax, email or any other method, except in a child protection case; and
(e) not later than 2 p.m. three days before the motion date, give the clerk the confirmation of motion (Form 14C) by,
(i) delivering it to the court office, or
(ii) sending it by email or submitting it through the Justice Services Online website. O. Reg. 298/18, s. 10 (2); O. Reg. 522/21, s. 5; O. Reg. 781/21, s. 5 (1).
Effect of failure to confirm
(11.1) Unless the court orders otherwise, a motion shall not be heard if confirmation of the motion is not given to the clerk in accordance with clause (11) (e). O. Reg. 298/18, s. 10 (2).
Party to update confirmation
(11.2) If a party who has given a confirmation of motion determines at any time before the motion is heard that the confirmation is no longer correct, the party shall, if possible, immediately,
(a) give a copy of the corrected confirmation of motion in Form 14C to every other party using a method listed in clause (11) (d) and subsequently give the clerk the corrected confirmation of motion by a method listed in clause (11) (e); or
(b) in a child protection case, give the clerk a corrected confirmation of motion in Form 14C by a method listed in clause (11) (e). O. Reg. 298/18, s. 10 (2).
Response to notice of motion
(11.3) A response by a person to a motion made using a notice of motion (Form 14) shall be served and filed not later than four days before the motion date. O. Reg. 298/18, s. 10 (2).
Response to motion form
(11.4) A response by a person to a motion made using a motion form (Form 14B) shall be served and filed not later than seven days after the motion form is served on the person. O. Reg. 298/18, s. 10 (2); O. Reg. 781/21, s. 5 (2).
Reply to response permitted, notice of motion
(11.5) A party who uses a notice of motion (Form 14) and who is served with a response to it may serve and file a reply not later than 2 p.m. three days before the motion date. O. Reg. 298/18, s. 10 (2).
Reply to response not permitted, motion form
(11.6) A party who uses a motion form (Form 14B) and who is served with a response to it may not serve or file a reply. O. Reg. 298/18, s. 10 (2).
Motion without notice
(12) A motion may be made without notice if,
(a) the nature or circumstances of the motion make notice unnecessary or not reasonably possible;
(b) 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;
(c) 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; or
(d) service of a notice of motion would probably have serious consequences. O. Reg. 114/99, r. 14 (12).
Filing for motion without notice
(13) The documents for use on a motion without notice shall be filed on or before the motion date, unless the court orders otherwise. O. Reg. 114/99, r. 14 (13).
Order made on motion without notice
(14) An order made on motion without notice (Form 14D) shall require the matter to come back to the court and, if possible, to the same judge, within 14 days or on a date chosen by the court. O. Reg. 114/99, r. 14 (14).
Service of order made without notice
(15) An order made on motion without notice shall be served immediately on all parties affected, together with all documents used on the motion, unless the court orders otherwise. O. Reg. 114/99, r. 14 (15).
Withdrawing a motion
(16) A party making a motion may withdraw it in the same way as an application or answer is withdrawn under rule 12. O. Reg. 114/99, r. 14 (16).
Evidence on a motion
(17) Evidence on a motion may be given by any one or more of the following methods:
1. An affidavit or other admissible evidence in writing.
2. A transcript of the questions and answers on a questioning under rule 20.
3. With the court’s permission, oral evidence. O. Reg. 114/99, r. 14 (17).
Affidavit based on personal knowledge
(18) An affidavit for use on a motion shall, as much as possible, contain only information within the personal knowledge of the person signing the affidavit. O. Reg. 114/99, r. 14 (18).
Affidavit based on other information
(19) The affidavit may also contain information that the person learned from someone else, but only if,
(a) the source of the information is identified by name and the affidavit states that the person signing it believes the information is true; and
(b) in addition, if the motion is a contempt motion under rule 31, the information is not likely to be disputed. O. Reg. 114/99, r. 14 (19).
Restrictions on evidence
(20) The following restrictions apply to evidence for use on a motion, unless the court orders otherwise:
1. The party making the motion shall serve all the evidence in support of the motion with the notice of motion.
2. The party responding to the motion shall then serve all the evidence in response.
3. The party making the motion may then serve evidence replying to any new matters raised by the evidence served by the party responding to the motion.
4. No other evidence may be used. O. Reg. 114/99, r. 14 (20).
No motions without court’s permission
(21) If a party tries to delay the case or add to its costs or in any other way to abuse the court’s process by making numerous motions without merit, the court may order the party not to make any other motions in the case without the court’s permission. O. Reg. 114/99, r. 14 (21).
(22), (23) Revoked: O. Reg. 322/13, s. 8 (2).
Motion relating to family arbitration
(24) A party who wishes to make a claim under the Arbitration Act, 1991 or the Family Law Act relating to a family arbitration, family arbitration agreement or family arbitration award that must or may be commenced by way of a motion may do so under this rule, even if the order being sought is a final order and, for the purpose, this rule applies with the following and any other necessary changes:
1. In addition to the documents referred to in subrule (9) or (10), the motion also requires,
i. copies of the certificates of independent legal advice required by the Family Law Act for the parties,
ii. a copy of the family arbitration agreement, and
iii. if an award has been made, the original award or a certified copy.
2. The documents referred to in subparagraphs 1 i, ii and iii shall be served and filed in accordance with subrule (11).
3. In the case of a motion to enforce a family arbitration award under section 59.8 of the Family Law Act, subrules (12) to (15) do not apply. O Reg. 388/12, s. 6 (2); O. Reg. 142/14, s. 7.
