The leading case addressing urgency in the context of family law is called Rosen. The decision of that case was drafted by the Barrie judge, the Honourable Justice Wildman. It sets out the court’s expectations as to what should have been done prior to seeking an order from the court on an urgent basis. The parties should be aware of what is a true urgency in the context of family law. For example, usually if a child is in immediate danger, such matter would be considered urgent. However, if the other party is not letting you see the child, although urgent to you, it may not be urgent from a perspective of family law. Understanding these distinctions is crucial when considering urgent motions in family law
Having said the above, very often one party tries to obtain litigation advantage by either withholding a child or making false allegations of a criminal nature. Considering extremely long wait times to see a judge, one may consider bringing an urgent motion to get their foot in the door. A knowledgeable counsel may be able to provide a proper legal advice whether such an attempt is going to prejudice the file in the long run or find urgency in your case and be able to successfully obtain an order on an urgent basis.
Progressive Legal Solutions constantly deals with urgent motions either filling on behalf of the clients or responding to them when filed by opposing parties. In fact, Progressive Legal Solutions has been successful in defending against such motion and successfully obtaining costs against the other party for inappropriately bringing a motion.