ontario regulation 310/26

made under the

Courts of Justice Act

Made: July 9, 2026
Approved: August 14, 2026
Filed: September 18, 2026
Published on e-Laws: September 18, 2026
Published in The Ontario Gazette: October 3, 2026

Amending O. Reg. 114/99

(FAMILY LAW RULES)

1. Subrule 1 (13) of Ontario Regulation 114/99 is revoked.

2. The Regulation is amended by adding the following rule:

RULE 1.4: FRIVOLOUS, VEXATIOUS OR ABUSIVE CASES OR MOTIONS

Frivolous, vexatious or abusive cases or motions

Court may stay, dismiss case

1.4 (1) The court may, on its own initiative or on a party’s request under subrule (3), make an order staying or dismissing a case that appears on its face to be frivolous or vexatious or otherwise an abuse of the court process.

Summary determination

(2) The court may make a determination under subrule (1) in a summary manner, subject to the procedures set out in this rule.

How to request an order

(3) A party who wishes the court to make an order under subrule (1) shall serve on every other party and file a request in Form 1.4.

Clerk may notify court

(4) If, in the clerk’s opinion, there is reason to believe that a case may be frivolous or vexatious or otherwise an abuse of the court process, the clerk may, in the absence of a request under subrule (3), notify the court.

Notice to parties

(5) If the court determines that it may be appropriate to make an order under subrule (1), the court shall direct the clerk to give notice to the parties in Form 1.4A that the case may be stayed or dismissed.

Effect of notice

(6) Once the clerk gives notice to any of the parties,

(a) the case is automatically stayed until the court either makes an order under subrule (1) or an order declining to stay or dismiss the case; and

(b) no party may take any step in the case other than the steps in this rule, unless the court orders otherwise.

Written submissions

(7) If notice is given under subrule (5), the parties may make written submissions about whether the court should make an order under subrule (1) in accordance with the following procedures, unless the court orders otherwise:

1. No later than 15 days after receiving the notice, the party who brought the case that is the subject of the notice may file with the court a written submission, no more than 10 pages in length, responding to the notice.

2. If a written submission is not filed in accordance with paragraph 1, the court may make the order without any further notice to the parties.

3. If a written submission is filed in accordance with paragraph 1, the court may direct the clerk to give a copy of the submission to any other party.

4. A party who receives a copy of the filed submission may, no later than 10 days after receiving it, file with the court a responding written submission, no more than 10 pages in length.

5. A party who files a responding submission shall give a copy of it to the party who brought the case that is the subject of the notice and to any other party who requests a copy.

6. If a party has a lawyer in the case, a copy of a submission shall be given to the lawyer instead of to the party. 

Method of giving, timing of receipt

(8) The notice in Form 1.4A and any copy of a submission that is given under subrule (7) shall be given in a manner of regular service specified in subrule 6 (2), and rule 6 applies with necessary modifications to a determination of when the document is considered to have been received.

Court may stay, dismiss motion

(9) The court may, on its own initiative or on a party’s request, make an order staying or dismissing a motion that appears on its face to be frivolous or vexatious or otherwise an abuse of the court process.

Procedures, etc.

(10) Subrules (2) to (8), other than subrule (6), apply for the purposes of subrule (9), with the following and any other necessary modifications:

1. A reference to a case shall be read as a reference to the motion.

2. A reference to the party who brought a case shall be read as a reference to the party who made the motion.

Restriction on further motions

(11) In making an order under subrule (9), the court may also make an order under subrule 14 (21) prohibiting the party who made the motion from making any other motions in the case without the court’s permission.

Application

(12) For greater certainty, nothing in this rule shall be read as affecting the operation of subrule 1 (7.1).

Vexatious litigant orders

(13) The making of vexatious litigant orders against a person under subsection 140 (1) of the Courts of Justice Act is governed by Rule 2.2 of the Rules of Civil Procedure instead of by these rules, even if the order is being considered or sought because or partly because of a family law case.

3. (1) Clause 5 (1) (b.1) of the Regulation is amended by adding “other than a case referred to in clause (b.1.1)” after “in a child protection case”.

(2) Subrule 5 (1) of the Regulation is amended by adding the following clause:

(b.1.1) in an application for an order under sections 53.1 to 53.5 of Ontario Regulation 155/18 (General Matters Under the Authority of the Lieutenant Governor in Council) made under the Child, Youth and Family Services Act, 2017,

(i) in the municipality where a party resides, or

(ii) if the application relates to an ongoing case, in the same municipality in which that case was started or to which it has been transferred;

4. Paragraph 1 of subrule 6 (4.1) of the Regulation is amended by striking out “8D.1, 34L” and substituting “8D.1, 33D.1, 34L”.

5. Rule 7 of the Regulation is amended by adding the following subrule:

Applications under s. 53.1 to 53.5 of O. Reg. 155/18

(7) This rule applies with respect to an application for an order under sections 53.1 to 53.5 of Ontario Regulation 155/18 (General Matters Under the Authority of the Lieutenant Governor in Council) made under the Child, Youth and Family Services Act, 2017, with the following modifications:

1. Any person referred to in subsection 87 (8) of that Act who would be identified if the application were granted shall be named as a party to the application.

2. A child affected by a motion relating to the application is a party to the motion, despite subrule (2).

3. If required for the purposes of the application, a foster parent under that Act shall be named as a party to the application, despite subrule (4).

4. As a consequence of paragraph 1 and for greater certainty, subrule (5.1) does not apply.

5. Subrule (6) applies with respect to the application.

6. Subrule 8 (1) of the Regulation is amended by striking out “8D.1, 34L” and substituting “8D.1, 33D.1, 34L”.

7. Subrule 10 (1) of the Regulation is amended by striking out “33B.1 or 33B.2” and substituting “33B.1, 33B.2 or 33D.3”.

8. Rule 11 of the Regulation is amended by adding the following subrule:

Exception

(2.2) Subrule (2.1) does not apply with respect to an application for an order under sections 53.1 to 53.5 of Ontario Regulation 155/18 (General Matters Under the Authority of the Lieutenant Governor in Council) made under the Child, Youth and Family Services Act, 2017.

9. (1) Rule 14 of the Regulation is amended by adding the following subrule:

Exception

(3.1) A child affected by a motion relating to an application for an order under sections 53.1 to 53.5 of Ontario Regulation 155/18 (General Matters Under the Authority of the Lieutenant Governor in Council) made under the Child, Youth and Family Services Act, 2017 is a party to the motion, despite subrule (3).

(2) Clause 14 (11) (d) of the Regulation is amended by striking out “except in a child protection case” and substituting “subject to subrule (11.0.1)”.

(3) Rule 14 of the Regulation is amended by adding the following subrule:

Exception

(11.0.1) Clause (11) (d) does not apply with respect to child protection cases, other than applications for an order under sections 53.1 to 53.5 of Ontario Regulation 155/18 (General Matters Under the Authority of the Lieutenant Governor in Council) made under the Child, Youth and Family Services Act, 2017.

(4) Clause 14 (11.2) (b) of the Regulation is amended by adding “other than an application referred to in subrule (11.0.1)” after “child protection case”.

10. Rule 20 of the Regulation is amended by adding the following subrule:

Exception

(4.1) Despite subrules (3) and (4), subrule (4) applies with respect to an application for an order under sections 53.1 to 53.5 of Ontario Regulation 155/18 (General Matters Under the Authority of the Lieutenant Governor in Council) made under the Child, Youth and Family Services Act, 2017.

11. (1) The heading to Rule 33 of the Regulation is revoked and the following substituted:

RULE 33: CHILD PROTECTION AND SECURE TREATMENT

(2) Rule 33 of the Regulation is amended by adding the following subrule:

Case management

(0.1) Wherever possible, at the start of a case under Part V (child protection) or VII (secure treatment) of the Child, Youth and Family Services Act, 2017, a judge shall be assigned to manage the case and monitor its progress.

(3) Subrule 33 (2) of the Regulation is revoked.

(4) Rule 33 of the Regulation is amended by adding the following subrule:

Applications under s. 53.1 to 53.5 of O. Reg. 155/18

(5.1) Subrule (1) does not apply with respect to applications for an order under sections 53.1 to 53.5 of Ontario Regulation 155/18 (General Matters Under the Authority of the Lieutenant Governor in Council) made under the Child, Youth and Family Services Act, 2017.

(5) Subrule 33 (7) of the Regulation is amended by striking out “and” at the end of clause (d) and by adding the following clauses:

(f) an application for an order under sections 53.1 to 53.5 of Ontario Regulation 155/18 (General Matters Under the Authority of the Lieutenant Governor in Council) made under the Child, Youth and Family Services Act, 2017 shall be in Form 33D.1;

(g) the consent of every person whose consent is required under sections 53.1 to 53.5 of Ontario Regulation 155/18 (General Matters Under the Authority of the Lieutenant Governor in Council) made under the Child, Youth and Family Services Act, 2017 shall be in Form 33D.2; and

(h) an answer to an application referred to in clause (f) shall be in Form 33D.3.

12. (1) Rule 38 of the Regulation is amended by adding the following subrule:

Access to court files

(0.1) Rule 1.3 (access to court files) applies with respect to an appeal of a family law case.

(2) Subrule 38 (1) of the Regulation is amended by striking out “including those modifications set out in subrules (2) and (3)” in the portion before clause (a) and substituting “including the changes set out in subrules (2) to (3.1)”.

(3) Rule 38 of the Regulation is amended by adding the following subrule:

Appeals of orders under s. 53.1 to 53.5 of O. Reg. 155/18

(3.1) For an appeal of an order made under sections 53.1 to 53.5 of Ontario Regulation 155/18 (General Matters Under the Authority of the Lieutenant Governor in Council) made under the Child, Youth and Family Services Act, 2017,

(a) subrules (2) and (3) do not apply; and

(b) the order is stayed until the disposition of the appeal, unless the court orders otherwise.

(4) Subrule 38 (4) of the Regulation is amended by striking out “45” in the portion before clause (a) and substituting “45.1”.

(5) Rule 38 of the Regulation is amended by adding the following subrule:

Appeals of orders under s. 53.1 to 53.5 of O. Reg. 155/18

(45.1) For an appeal of an order made under sections 53.1 to 53.5 of Ontario Regulation 155/18 (General Matters Under the Authority of the Lieutenant Governor in Council) made under the Child, Youth and Family Services Act, 2017,

(a) the modifications in this rule that apply with respect to appeals of orders made under the Child, Youth and Family Services Act, 2017 do not apply; and

(b) the order is stayed until the disposition of the appeal, unless the court orders otherwise.

13. Subrule 42 (8) of the Regulation is amended by adding the following paragraph:

0.4 Subject to subclause (5) (d) (iv), an order under rule 1.4.

14. (1) The Table of Forms to the Regulation is amended by adding the following rows:

 

1.4	Request for Stay or Dismissal under Rule 1.4	June 1, 2026
1.4A	Notice that Case or Motion May be Stayed or Dismissed	June 1, 2026

 

. . . . .

 

33D.1	Application to Publish or Make Public under O. Reg. 155/18 of the Child, Youth and Family Services Act, 2017	June 1, 2026
33D.2	Consent to Publication or Making Public under O. Reg. 155/18 of the Child, Youth and Family Services Act, 2017	June 1, 2026
33D.3	Answer (Application to Publish or Make Public under O. Reg. 155/18 of the Child, Youth and Family Services Act, 2017)	June 1, 2026

 

(2) The row for Form 38 in the Table of Forms to the Regulation is amended by striking out “September 1, 2005” in the column titled “Date of Form” and substituting “June 1, 2026”.

Commencement

15. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Family Rules Committee:
Le Comité des règles en matière de droit de la famille :

Helena Likwornik

Secretary, Family Rules Committee

Date made: July 9, 2026
Pris le : 9 juillet 2026

I approve this Regulation.
J’approuve le présent règlement.

Le procureur général,

Doug Downey

Attorney General

Date approved: August 14, 2026
Approuvé le : 14 août 2026