Under the Family Law Rules (Ontario), you can bring a motion only after you attend a case conference. However, there are some exceptions to this general rule. A motion can be brought before a case conference in situations of hardship or urgency (for example, if you need to apply for a restraining order because of immediate danger to the health and safety of you or your children), or if you need directions from a judge (for example, you may need to ask for a Judge’s permission to file an answer late if you have missed the deadline for filing).
If you bring a motion before a case conference, the judge will first decide whether your case fits within one of these exceptions. If the judge decides that it does not, your motion will only be heard after a case conference and you may be responsible for paying the other party’s costs.