Effective April 2, 2026, the Family Branch of the Ontario Superior Court of Justice has abolished presumptive Zoom hearings for all Toronto family law motions under one hour, requiring divorcing parties to attend in person at 361 University Avenue. The policy reversal — reported by Law360 Canada — affects parenting disputes, child and spousal support motions, and matrimonial home sales, and is expected to add thousands of dollars per motion in legal fees and lost wages for Toronto-area families.
Key Facts
| Item | Detail |
|---|---|
| What happened | Ontario Superior Court of Justice ended presumptive Zoom hearings for Toronto family law motions under 1 hour |
| Effective date | April 2, 2026 |
| Where | Toronto region, 361 University Avenue courthouse |
| Who is affected | All Toronto-region family law litigants with short motions (parenting, support, home sale) |
| Key rule | Ontario Family Law Rules, Rule 1.1 (hearing format) and Rule 14 (motions) |
| Practical impact | Higher lawyer fees, mandatory in-person attendance, potential access-to-justice concerns |
Why This Matters Legally
This directive eliminates the default virtual format that had governed short Toronto family motions since pandemic-era reforms took hold in March 2020. Under the new policy, every motion estimated at 60 minutes or less — including urgent parenting arrangement disputes, interim child support motions, spousal support requests, and applications to list the matrimonial home for sale — must be heard in person unless a party obtains specific permission from a judge to appear remotely.
The shift dramatically changes the cost calculus of separation in Toronto. A typical short motion previously handled by Zoom for roughly $1,500 to $3,500 in legal fees now requires lawyer attendance at the courthouse, lawyer travel time, client attendance, and parking. Family law practitioners interviewed by Law360 Canada estimate short-motion costs will rise 30% to 60%, pushing routine motions into the $2,500 to $5,500 range. For self-represented litigants — who make up roughly 57% of family law parties in Ontario according to the Ministry of the Attorney General — the change imposes full-day work absences for hearings that previously took 60 minutes at a kitchen table.
The court's stated rationale centres on hearing quality, judicial efficiency, and the difficulty of assessing credibility over video. Critics, including the Ontario Bar Association Family Law Section, counter that the data from five years of virtual motions shows equivalent substantive outcomes at a fraction of the cost and time burden.
How Canadian Law Handles This
Family law procedure in Ontario is governed primarily by the Ontario Family Law Rules, O. Reg. 114/99, which set out hearing format, motion practice, and judicial discretion over appearance mode. Rule 1.1(1) grants the court authority to direct the manner of hearing, while Rule 14 governs motions and permits the court to deal with them on the record, in writing, or by oral hearing.
The substantive law governing the motions themselves remains unchanged. Parenting disputes continue to be decided under the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), § 16, applying the best interests of the child standard, and — for non-divorcing parents — under the Ontario Children's Law Reform Act § 24. Child support motions rely on the Federal Child Support Guidelines, SOR/97-175 and the Family Law Act, R.S.O. 1990, c. F.3, § 31. Spousal support motions apply Divorce Act § 15.2 or Family Law Act § 33, guided by the Spousal Support Advisory Guidelines. Sale of the matrimonial home is governed by Family Law Act § 23, which empowers the court to order sale where one spouse unreasonably refuses.
The Divorce Act 2021 amendments replaced the terms custody and access with decision-making responsibility and parenting time, and that terminology applies regardless of the hearing format.
Practical Takeaways
Ontario residents with active or anticipated family law matters in Toronto should take the following steps before April 2, 2026 and in the weeks that follow:
- Audit pending motions now. If you have a short motion scheduled in March 2026, confirm whether it will be heard before the April 2 transition. Motions scheduled on or after April 2 default to in-person.
- Budget for 30% to 60% higher legal fees on short motions. Ask your lawyer for a revised estimate reflecting courthouse attendance, travel, and waiting time.
- Request remote attendance early. Rule 1.1 still permits judges to grant Zoom on request for medical, childcare, geographic, or safety reasons. File the request well in advance with supporting evidence.
- Consider mediation or arbitration. Family Law Act § 59.7 recognizes family arbitration awards as enforceable court orders, and private dispute resolution remains fully virtual — often resolving parenting and support issues in weeks rather than months.
- Explore the Family Law Information Centre at 361 University Avenue for self-represented resources. Staff can explain procedure even though they cannot give legal advice.
- Use the 17-step Ontario Divorce Checklist and calculate expected support exposure with the Canada Child Support Calculator before your first motion date.
Frequently Asked Questions
Does the new rule apply outside Toronto?
No. The April 2, 2026 directive applies only to the Toronto region of the Ontario Superior Court of Justice. Other regions — including Ottawa, Hamilton, Brampton, and Barrie — continue to operate under their local practice directions, most of which still permit presumptive Zoom for motions under one hour.
Will long motions and trials also be in person?
Long motions over one hour and trials were already presumptively in person before April 2, 2026. The new directive specifically targets short motions under 60 minutes, which had been the last category of Toronto family proceedings routinely conducted over Zoom since 2020.
Can I still ask to appear by Zoom?
Yes. Under Rule 1.1 of the Ontario Family Law Rules, a judge retains discretion to permit remote attendance. Parties must file a written request showing medical, childcare, safety, geographic, or cost-based hardship. Approval is case-by-case and no longer presumptive.
How much more will my divorce cost after April 2, 2026?
Lawyers estimate short motion costs will rise 30% to 60%, pushing typical fees from $1,500 to $3,500 up to $2,500 to $5,500 per motion. Multi-motion cases involving parenting, support, and property may see total increases of $5,000 to $15,000 over the life of the file.
Does this affect existing court orders or parenting arrangements?
No. The April 2, 2026 directive changes only the hearing format for future motions. Existing parenting arrangements, support orders, and property orders issued under the Divorce Act or Family Law Act remain fully enforceable. Only how you appear in court to vary or enforce them changes.
Getting Help
If you are facing a Toronto family law motion after April 2, 2026, an exclusive Ontario family lawyer through our directory can advise on whether to expedite, pursue arbitration, or request remote attendance. Find an exclusive Ontario family lawyer serving your municipality.
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.