Long motions are matters that are scheduled for more than an hour and require a special date. After discussions with the local family bar, and to ensure these special dates are not lost (which impacts the ability of the court to offer earlier dates in other matters), the long family motion protocol takes effect immediately and supersedes any other long motion protocol.
- Any party wishing to bring a motion that will be one hour or more shall serve the other party with
the notice of motion, with the date of the motion to be determined. The parties will make their
best efforts to come to an agreement on the timetable, which will set out the timing for delivery of
materials for use on the motion, including facta, and any questioning, if applicable. The timetable
must be ordered by a judge:
- At a conference;
- By way of a 14B motion; or
- On a short motions list, where the previous options are not appropriate. Short motions lists should not become overburdened with unnecessary timetable motions. If the parties agree on the timetable prior to addressing the matter on the short motions list, they may file a confirmation and an approved order ahead of time. In that case, they need not attend the short motions list.
- The anticipated date of the motion can be obtained from the trial coordinator during a conference, prior to submitting the 14B motion materials and prior to the first appearance on the short motions list.
- The timetable shall require the motion to appear on a short motions list once the timetable has been completed. It is expected that this appearance will take place at least four weeks prior to the anticipated hearing date of the motion, but it may be any other date as the court may order. The presiding judge may make such orders as are, in his or her discretion appropriate, including confirming the motion, if the parties have respected the timetable, or striking it from the schedule, if they have not. If a long motion is struck, the moving party will need to obtain a new order for a timetable pursuant to this protocol.
Dated at Sudbury this 20th day of June, 2022
Justice P.J. Boucher