“This matter came before me for a regular motion and cross-motion, scheduled for one hour on a busy family motions day. Before I delve into the substantive issues of this matter, I wish to spend time discussing a very important preliminary issue, specifically page limits. In a recent decision of Edwards RSJ. in Lepp v. The Regional Municipality of York, 2022 ONSC 6978, Edwards RSJ. refused to hear a matter due to the state of the record and its failure to comply with the prevailing Notice to the Profession, effective August 2, 2022 (“the Notice”). I wish to reinforce Edwards RSJ.’s important message found at para. 17 of his Ruling:
…Very simply put, the Bar needs to reflect on why they are filing materials that are hundreds, if not thousands of pages long. This applies to Motion Records, Caselaw and Pre Trial memos. In the world we now live in, the Bar needs to appreciate that apart from the requirements imposed by the Notice and the Rules of Civil Procedure judges are human beings. We simply do not have the time to read the volume of material we are often confronted with. The Bar would be well advised to read the Notice and The Rules to ensure they have complied with the minimum filing requirements for the hearing of a motion or a pre-trial.
As it relates to family matters and the matter before this court, the Notice sets forth the minimum expectations of the Court in terms of what is to be filed for conferences, motions and hearings. Under the heading “Restrictions on materials filed” it says,
Focused materials help facilitate a focused hearing. Unfortunately, many filings include unfocused materials with unnecessarily voluminous attachments. Litigants are directed to prepare material that is focused and includes only the supplementary documents that are needed to facilitate a resolution of the outstanding issues.
The Notice makes it clear that,
For short or regular motions, each party is restricted to one primary affidavit in support of their position on the motion and cross-motion (if applicable) which shall not exceed 12 pages of narrative. If a party also intends to rely on an affidavit that has been previously file with the Court, the length of that affidavit is included in the 12 page limit. This limit does not include third party and reply affidavits, where required, which shall not exceed 5 pages each, or affidavits relating to a party’s financial statement in accordance with Rule 13(12)(b).
Additionally,
[E]xhibits to each party’s affidavit shall be limited to only the necessary and relevant evidence and are generally expected not to exceed 10 pages. Litigants shall not include voluminous texts, emails and/or social media postings. Instead, only the relevant and necessary excerpts from these communications should be attached as exhibits.
Lastly, and without exception,
All documents filed for a family conference or motion must be prepared using a font size of no less than 12 point and double spacing.
Leave is required to file material beyond what is permitted above which will only be granted in exceptional circumstances. For motion materials leave should be sought at the case conference. Unless approval has been obtained in advance or a Regional Notice permits otherwise, material that is filed in excess of these restrictions will not be reviewed by the presiding judge and may result in an adjournment.
The court’s message to all counsel and self-represented litigants is that they “would be well advised to have a copy of the Notice on their desks at all times”: see Lepp, at para. 4. Family Court is not only limited to simply adjourning motions that do not comply with the Notice; we may also choose to exercise our authority and apply any other consequences as set out in the Family Law Rules, O. Reg. 114/99 (the “Rules”), including, but not limited to those in rr. 1(8), 1(8.1), 2, 14(21), and 24. There are many serious consequences for not following the Notice, Court Orders, and the Rules and Practice Directions.”