October 27, 2022 – Motions Before Case Conferences: Urgency

“On a motion under Rule 14(4.2), the Court’s role is to assess if the matter is urgent.  The jurisprudence provides that abductions, threats of harm or dire financial circumstances are examples of urgent matters: Yelle v Scorobruh, 2016 ONSC 3300.  In some situations, a complete denial of access, or the imposition of very strict conditions akin to a denial of access, could certainly amount to a “threat of harm”. The harm need not be physical. Here, the type of harm alleged is one resulting from a sub-optimal parenting schedule (from the applicant’s perspective). It is very common for separating parties to disagree on the parenting arrangements that are in the best interests of their children. Parties should be encouraged to make, and to accept, reasonable offers. A balance must be struck between, on the one hand, dispending swift justice in situations where there are immediate concerns affecting serious health, safety and economic concerns and, on the other hand, making family law orders based on a complete evidentiary record, providing the parties with sufficient time to present their case, and making judicious use of scarce judicial resources. Where, as here, a parent is prepared to agree to reasonable parenting time, these arrangements should be fully explored before resorting to an urgent motion: Porter v. Maclennan, 2011 ONSC 5298.”

         Iliuta v. Li, 2021 ONSC 7308 (CanLII) at 7