Addressing Vexatious Family Litigation
Ontario Regulation 310/26, made under the Courts of Justice Act, amends Ontario Regulation 114/99, the Family Law Rules. The regulation amendments address frivolous, vexatious or abusive court proceedings, child protection applications, case management, appeals, court-file access and related forms.
A central change is the creation of Rule 1.4, which establishes procedures for dealing with cases or motions that appear on their face to be frivolous, vexatious or otherwise an abuse of the court process. The court may stay or dismiss such a case on its own initiative or at a party’s request. A party seeking an order must serve the other parties and file Form 1.4. A court clerk who believes a case may be abusive may also notify the court without a party request. If the court determines that a stay or dismissal may be appropriate, the parties receive Form 1.4A notice. Once notice is given, the case is automatically stayed and parties generally cannot take further steps unless permitted by the court.
The regulation establishes a written-submission process for these proceedings. The party who brought the case has 15 days to submit a response of no more than 10 pages. If a response is not filed, the court may make an order without further notice. Other parties may respond within 10 days of receiving the submission, also subject to a 10-page limit. The same framework applies, with modifications, when the court considers a motion to be frivolous, vexatious or abusive. The court may also restrict a party from bringing further motions without permission.
Several amendments establish specific procedures for applications under sections 53.1 to 53.5 of Ontario Regulation 155/18 under the Child, Youth and Family Services Act, 2017. These changes address where applications may be brought, who must be named as parties, and the treatment of children and foster parents in proceedings. The amendments also create exceptions and modifications to existing Family Law Rules where these applications are involved.
Rule 33 is renamed “Child Protection and Secure Treatment” and introduces case management provisions. Wherever possible, a judge is to be assigned at the beginning of a case under the child protection or secure treatment parts of the Child, Youth and Family Services Act, 2017, to manage the case and monitor its progress. New Forms 33D.1, 33D.2 and 33D.3 establish standardized applications, consents and answers for specified applications concerning publication or making information public.
The regulation also modifies appeal procedures. Access-to-court-file rules are extended to appeals of family law cases. For appeals involving orders under sections 53.1 to 53.5 of Ontario Regulation 155/18, the order is stayed until the appeal is disposed of unless the court orders otherwise. The amendments also clarify which existing appeal modifications apply to these proceedings.
Ontario (310/2026) October 6, 2026
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.
