This article is a summary discussion of 14B Motions. It is not a guide on how to prepare, serve, and file this type of motion. If you believe you need to serve and file a 14B Motion, we recommend that you retain the services of a family lawyer with the appropriate experience.
Pursuant to Rule 14(10) of the Family Law Rules, a 14B Motion is a motion that is limited to procedural, uncomplicated or unopposed matters.
Procedure
As per Family Law Rule 14(10):
“Procedural, uncomplicated or unopposed matters — motion form
(10) If a motion is limited to procedural, uncomplicated, or unopposed matters, the party making the motion may use Form 14B instead of a notice of motion and affidavit.”
The party filing a motion can compliment it with a Form 14A: Affidavit.
Responding To A 14B Motion
A responding prty has seven days to respond.
As per Family Law Rule 14 (11.4):
Response to motion form
(11.4) A response by a person to a motion made using Form 14B shall be served and filed not later than seven days after the form is served on the person.
A party responding to a 14B Motion can choose to respond using a Form 14A: Affidavit. Alternatively, the party can respond by serving and filing his or her own Form 14B: Motion. This includes filing a 14A: Affidavit with the 14B: Motion.
No Reply
A party who files a 14B motion cannot file a reply Affidavit even if the opposing party has filed their response. This is different from a regular motion. In a regular motion, the requesting party files their materials, then the opposing party files their responding materials and then the requesting party can file a reply. You can refer to rule 14(11.6) of the Family Law Rules.
The 14B Motion Form
To complete the Motion Form, the party making the motion will need the full names and contact information of both parties. If the opposing party is represented by a lawyer, the party making the motion needs to know the lawyer’s full name and contact information. The form also requires confirmation of the party who is serving and filing the motion.
Notice To The Other Party
The form also contains a section where the party serving and filing the form confirms the steps they are taking to provide notice to the other party. This notice pertains to the service and filing of the document. The party filing the motion needs to confirm whether they are filing the motion “with the consent of all persons affected,” “without notice to” the other party, or “with notice to all persons.” Choosing an incorrect method of notice to the other party may result in the dismissal of the motion.
Order Sought
The party making the motion has the opportunity to confirm the “procedural, uncomplicated, or unopposed” order that he or she seeks.
Why The Court Should Make The Order
The Motion Form has a section where the party making the motion provides his or her reasons as to why the court should make the order. The section provided in the form may not provide sufficient space. Therefore, the party can file a Form 14A: Affidavit describing all his or her reasons as to why the court should make the order. The party can also include exhibits in the affidavit. It is important to confirm the practice directions regarding these motions at the courthouse where you will file the motion. This ensures the motion does not exceed the page limit and exhibit(s) page limit for tht particular courthouse.
Applicable Caselaw
The party filing the 14B: Motion Form must also confirm the laws and rules he or she is relying on. This is necessary as he or she seeks order(s) from the court.
Watson v Watson
In Watson v Watson, a case at the Ontario Court Of Justice, the court ruled that it cannot change a trial order by way of 14B Motion.
Improper Use Of 14B Motion
Paragraph 5(b) of her Honour’s Justice Curtis’ reasons states:
“ (b) On 26 August 2019 a Form 14B motion brought by the father seeking to change the order of Sherr, J. made at trial was dismissed, as an improper use of a Form 14B motion.”
Appropriate
In the same case, Justice Curtis determined that a party can use 14B motion to inform about their payment of overdue costs. It is essential to highlight that notification to the opposing party was necessary.
Paragraph 167 of her Honour’s Justice Curtis’ reasons states:
“167. The father shall not bring a motion to change without leave, obtained in advance, on a Form 14B, maximum two pages in support. The request must be accompanied by evidence of payment of outstanding costs, and it must be served on the other side.”
Written by: Erick McKinlay
[i] Rule 14(10), Family Law Rules, O Reg 114/99
[ii] Rule 14(10), Family Law Rules, O Reg 114/99
[iii] Rule 14(11.4), Family Law Rules, O Reg 114/99
[iv] Rule 14(11.6), Family Law Rules, O Reg 114/99
[v] Watson v Watson, 2023 ONCJ 435, para 5(b)
[vi] Watson v Watson, 2023 ONCJ 435, para 167