Motions to Change (ON)

Summary

This practice note discusses motions to change. It sets out the purpose, applicability and statutory basis of a motion to change, which are brought when a party seeks to change either a final order or an agreement for support, that has been filed with the court. It sets out the steps in a motion to change, which vary depending on (a) whether the matter is being brought in the Superior Court of Justice or the Ontario Court of Justice, and (b) if in the Superior Court of Justice, whether the courthouse location has a Dispute Resolution Officer (DRO) program. It discusses what documents are required to be served and filed when bringing or responding to a motion to change under the Family Law Rules, O. Reg. 114/99 (FLR), including necessary disclosure and the option to use an affidavit in lieu of Parts C and D of a motion to change form. It discusses the rules that can be used to obtain disclosure, dismiss a motion to change, stay a motion to change, strike out a claim, or make any other ...