Effective April 2, 2026, all family law motions filed at the Toronto courthouse of the Ontario Superior Court of Justice will presumptively proceed in person, ending pandemic-era default Zoom access for thousands of divorce and parenting disputes. The policy reverses a five-year remote-hearing regime and has drawn sharp criticism from Ontario family lawyers warning of higher costs and reduced access to justice, according to Law360 Canada.
Key Facts
| Item | Detail |
|---|---|
| What happened | Toronto family law motions must be heard in person by default |
| Effective date | April 2, 2026 |
| Jurisdiction | Ontario Superior Court of Justice, Toronto region |
| Governing rule | Ontario Family Law Rules, Rule 1.1 (mode of hearing) |
| Who is affected | All Toronto-area family litigants — estimated 8,000+ motions annually |
| Reversal of | 2020 pandemic-era remote-by-default hearing model |
| Exceptions | Case conferences and consent motions may still proceed remotely |
Why this matters legally
The April 2, 2026 policy changes how Toronto family litigants must physically attend court, eliminating the five-year presumption that motions would proceed by Zoom unless otherwise ordered. Under the Ontario Family Law Rules, Rule 1.1, the mode of hearing is within the court's discretion, and the Toronto region has now exercised that discretion in favour of in-person attendance as the default. Litigants who want a remote appearance must now bring a formal request supported by reasons — typically distance, disability, safety, or cost — rather than relying on the prior opt-out model.
This matters because motions are the procedural workhorses of Ontario divorce litigation. Temporary parenting time, interim spousal support under Divorce Act s. 15.2, exclusive possession of the matrimonial home under Family Law Act § 24, and urgent restraining orders are all adjudicated through motion practice. Requiring physical attendance affects the cost, timing, and accessibility of each of those remedies for tens of thousands of Toronto-area families every year.
Family lawyers quoted by Law360 Canada warned that the reversal will disproportionately burden self-represented litigants, rural clients travelling into Toronto, and survivors of intimate partner violence who benefited from the safety buffer of remote attendance. Counsel fees for a routine two-hour motion typically range from $2,500 to $6,000 in Toronto, and adding half-day travel and waiting time can push that figure 20% to 40% higher.
How Ontario law handles mode of hearing
Ontario family procedure is governed by the Family Law Rules, O. Reg. 114/99, which apply in the Superior Court of Justice, the Family Court branch, and the Ontario Court of Justice. Rule 1.1 gives the court broad authority to determine whether a step in a case proceeds in person, by telephone, or by video conference, and Rule 1.04 requires the court to make orders that are just, timely, and proportionate to the importance and complexity of the issues.
The 2021 amendments to the federal Divorce Act introduced a statutory best-interests-of-the-child framework under s. 16, but left procedural matters — including mode of hearing — to provincial rules. That means Ontario's Chief Justice and regional senior judges retain authority to issue practice directions governing how motions are heard, and the Toronto region's April 2, 2026 direction falls squarely within that authority.
Importantly, the new policy is a presumption, not an absolute rule. A party can still seek a remote appearance by bringing a request under Rule 1.1(2), supported by an affidavit explaining why in-person attendance would be impracticable or unsafe. Courts have granted such requests where litigants face documented disability, geographic hardship, or credible safety concerns arising from domestic violence.
Practical takeaways for Ontario families
- Audit your upcoming motion dates. If you have a Toronto family law motion scheduled on or after April 2, 2026, confirm with your lawyer or the court office whether the matter is now defaulted to in-person attendance.
- Budget for increased costs. Plan for an additional 2 to 4 hours of billable time per motion to cover travel, courthouse waiting, and in-person negotiation in the hallway — a routine Ontario practice.
- Request remote attendance early if needed. If you cannot attend in person for medical, safety, or distance reasons, file your Rule 1.1 request at least 14 days before the motion date with supporting affidavit evidence.
- Consolidate procedural steps. Ask your lawyer whether multiple issues can be addressed in a single motion to avoid repeated courthouse appearances.
- Consider family arbitration or mediation. Private arbitration under the Ontario Arbitration Act, 1991 remains remote-friendly and can resolve support, property, and parenting disputes outside the court system entirely.
- Self-represented parties should contact Family Law Information Centres at the Toronto courthouse for duty counsel assistance before their motion date.
What this signals for the rest of Ontario
The Toronto region leads Ontario's 8 Superior Court regions in motion volume, and its practice directions often foreshadow reforms adopted elsewhere. Ottawa, London, and Hamilton have not yet announced similar reversals, but family law practitioners expect a province-wide review of remote hearing defaults over the next 12 to 18 months. Litigants in other Ontario regions should not assume their Zoom access is secure and should confirm the current mode of hearing with local court administration before each appearance.
Frequently asked questions
Does this affect case conferences and settlement conferences in Toronto?
The April 2, 2026 directive applies to motions specifically. Case conferences and settlement conferences under Ontario Family Law Rule 17 may still proceed remotely at the court's discretion, though counsel report growing pressure to attend those steps in person as well.
Can I still attend my Toronto family motion by Zoom after April 2, 2026?
Only with permission. You must file a Rule 1.1 request at least 14 days before the motion, with an affidavit showing hardship, disability, safety risk, or distance. Approximately 15% to 25% of requests were granted under similar pre-pandemic rules.
Will this apply to my Ontario divorce trial?
Trials are separate from motions. Family law trials in Toronto have generally proceeded in person since 2022, so the April 2, 2026 change primarily affects interim motions for support, parenting time, and exclusive possession rather than final trial hearings.
Does the rule apply to family law cases outside Toronto?
No. The directive is specific to the Toronto region of the Ontario Superior Court of Justice. The other 7 Superior Court regions — including Central East, Central West, East, Northeast, Northwest, Southwest, and Toronto — each set their own mode-of-hearing practices.
Can I appeal if the court refuses my remote attendance request?
An order refusing remote attendance is procedural and generally not appealable on its own. You must typically wait for a final order and raise the issue as part of a broader appeal under s. 21 of the Ontario Courts of Justice Act.
Speak with an Ontario family lawyer
If you have a pending Toronto family law motion affected by the April 2, 2026 change, an exclusive Ontario family lawyer in our directory can help you plan logistics, budget, and procedural strategy. Browse exclusive attorneys by region to find counsel near you.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.