1. Purpose: what this process aims to do
There are two routes worth separating. Under Rule 16(1), after an Answer is served or its time has expired, a party may seek a final decision on all or part of a claim or defence without trial if there is no genuine issue requiring a trial. Under Rule 16(12), a motion can seek a decision on a question of law that may dispose of or substantially shorten a case, strike a pleading with no reasonable legal claim or defence, or dismiss or suspend a case on listed grounds such as jurisdiction, capacity, duplicate litigation, or abuse of process.Check: Family Law Rules — 16(1), 16(12)
What it can and cannot do
Summary judgment is not reserved by the rule for “simple” families. Its practical fit depends on whether the necessary facts can be fairly decided without trial. A dispute over important facts, credibility, or the child’s best interests may require a trial. Rule 16(12) is a targeted legal-issue route; it is not a way to have the judge decide every contested fact from correspondence. Rule 16 does not replace the ordinary case conference → settlement conference → trial management path when disputed issues remain.Check: Family Law Rules — 16(12), 16
Divorce-claim exception: Rule 16(2) says the summary judgment motion under Rule 16(1) is available in cases that do not include a divorce claim. Rule 16(3) points to the uncontested divorce procedure or splitting the divorce claim where appropriate. Check this before choosing the route.Check: Family Law Rules — 16(2), 16(1), 16(3)
2. Forms and documents you need
| Document | When you need it | What to include |
|---|---|---|
| Form 14 — Notice of MotionCheck: Official family forms — Form 14 — Notice of Motion | Ordinary motion with notice. | List the exact orders requested and the booked date. A temporary order should say what applies until the next decision. |
| Form 14A — AffidavitCheck: Official family forms — Form 14A — Affidavit | Supporting or responding facts. | Number the relevant facts, identify sources of information and refer to necessary labelled exhibits. Have it sworn or affirmed. |
| Form 6B — Affidavit of ServiceCheck: Official family forms — Form 6B — Affidavit of Service | Proof of service, as required. | The server records which documents were served, on whom, how, and when; the server swears or affirms it. |
| Factum | East Region motions requiring one hour or more; or when directed. | Separate legal argument and authorities. Its pages are separate from affidavit narrative and exhibits. |
| Form 14C — Confirmation of MotionCheck: Official family forms — Form 14C — Confirmation of Motion | To confirm the scheduled hearing. | Issues still disputed, total time for all parties, and exact documents, tabs and pages the judge should read. |
Choose the documents that apply to your claims and this route. Use the current official forms and check the instructions printed on each form.Check: Official family forms — form instructionsCheck: Family Law Rules — Rule 16
3. Put the package together
How to prepare
- Choose the correct branch.Identify each claim or defence proposed for final decision under Rule 16(1), or the specific legal question or pleading defect under Rule 16(12).Check: Family Law Rules — 16(1), 16(12)
- Test the record honestly.For summary judgment, list each material fact and its admissible evidence, and ask whether credibility or missing disclosure truly requires a trial. For a legal-issue motion, isolate the law and check Rule 16(13) before including evidence.Check: Family Law Rules — 16(13)
- Define the requested result.Draft a precise order, including what remains if only part of the case is decided. Rule 16(9) can allow directions, defined trial issues, and conditions if a final order is not made.Check: Family Law Rules — 16(9)
- Check scheduling and restrictions.Speak to the Ottawa scheduling office about the length and motion route, and check the conference requirement under Rule 14, the applicable directions, and any case order.Check: Family Law Rules — 14
Where are the page and evidence limits?
Rule 16 does not create a separate page allowance. For a motion affidavit in Superior Court, the provincial direction generally limits the primary narrative to 12 pages for a regular motion or 20 for a long motion, with necessary relevant exhibits generally no more than 10 pages, subject to listed exceptions and leave. A factum is separate and generally limited to 20 pages without leave; East Region timing applies. On a Rule 16(12) motion, Rule 16(13) is more fundamental than page length: evidence is admissible only by consent or permission.Check: Family Law Rules — 16, 16(12), 16(13)Check: Provincial family direction — paras. 49–54 (motion evidence)Check: East Region direction — paras. 68–69 (factum requirement, timing and 20-page limit)
Before commissioning the affidavit
Separate facts from legal argument. Use facts within your knowledge as much as possible. If information came from someone else, identify the source by name and state that you believe it is true. A reply addresses new matters raised in the response; it is not another opportunity to add your original case.Check: Family Law Rules — Rule 14(17)–(20)
Complete the exhibits before the affidavit is sworn or affirmed. The affidavit is evidence; the factum is the separate legal argument.Check: Official family forms — Form 14A instructions
4. Get it before the court
- Check the route before booking.Check the conference-first restriction, any exception or permission order, and the total hearing time for all parties. A Rule 16 motion also has its own eligibility and evidence restrictions.Check: Family Law Rules — Rule 14(4), (4.2); Rule 16 where applicable
- Canvass dates and request the event.Ottawa uses Calendly for family case conferences and regular motions. Check availability and confer about dates before one party submits the booking. Keep the booking email. Use the current Ottawa court contacts for long, urgent or other events outside that booking route.Check: SCJ Calendly guide — opening guidance; locations list — East Region / Ottawa
- Check what was booked.Put the assigned hearing date and requested orders in Form 14. Ask for directions if the requested event needs permission or a different timetable. A booking request does not file your documents or confirm attendance. Follow the court’s response and any existing order.Check: SCJ Calendly guide — booking is separate from filing and confirmation
- If it is urgent or requires a special date.Use Ottawa’s procedural or urgent-motion route and ask the family court office for the current instructions. A determination of urgency is distinct from the substantive relief. Do not select a regular slot as a substitute for required leave.Check: East Region direction — paras. 72–75; Ottawa contacts — Family Scheduling
File the documents through the right channel
Use Family Submissions Online or the permitted self-represented counter/email route. Follow any urgent-filing instruction or order. Retain the court’s acceptance confirmation and Case Document List; a submission receipt alone is not acceptance.Check: Provincial family direction — paras. 1–7, 13–18
Filing and Case Center are separate. In regions outside Toronto, court staff upload accepted pretrial filings for self-represented people. A Case Center upload does not file a document.Check: Provincial family direction — paras. 29–33
5. Once you have a date: serve, file and confirm
Work backward from the booked date. Check any order setting a different timetable. Use the effective service date under Rule 6 and count each period under Rule 3.Check: Family Law Rules — Rules 3 and 6
- Eligibility: for Rule 16(1), an Answer has been served or its time has expired. A case order and conference history may also affect the motion route.Check: Family Law Rules — 16(1)
- After the hearing date is set: serve Form 14 and permitted evidence at least six days before, and file with Form 6B on the Rule 14 timetable unless the court orders otherwise.Check: Family Law Rules — 14
- Response and argument: a Form 14 response is generally served and filed at least four days before. In the East Region, a required moving factum is due four business days before and the responding factum two business days before, unless directed otherwise.Check: East Region direction — paras. 68–69 (factum requirement, timing and 20-page limit)
- Confirmation: Form 14C by 2 p.m. three business days before the hearing. Check any court-specific directions and order.Check: East Region direction — paras. 80–85 (confirmation)
At the event and afterward
Have a concise list of the orders or directions requested and references to the accepted materials. Use Case Center page numbers during a Case Center hearing. Afterward, read the endorsement or order and record who must do each next step and by what date.Check: Provincial family direction — paras. 42–45
6. Hot points to remember
- Two branches, different evidence rules: Rule 16(1) needs specific evidence about the absence of a genuine trial issue; Rule 16(12) permits evidence only by consent or court permission.Check: Family Law Rules — 16(1), 16(12)
- A partial decision can still help: the court may settle a claim or legal issue and direct how the rest reaches trial.Check: Family Law Rules — Rule 16
- Costs are possible: earlier special Rule 16(10)–(11) costs provisions were revoked; the ordinary applicable costs rules still matter.Check: Family Law Rules — 16(10)
- Not the routine route for factual parenting disputes: consider whether significant factual or credibility issues require hearing evidence at trial.Check: Family Law Rules — Rule 16