“Urgency” as it Relates to the Hearing of Family Law Proceedings During COVID-19
In order to protect the safety and well-being of the public, courts across the globe took drastic measures to change their processes and procedures, in response to the COVID-19 pandemic. Consequently, Canadian courts suspended their normal operations. Currently, each jurisdiction is governed by its own Practice Directions. Your lawyer should have familiarized themselves with these Directions.
Of note, is that there is now a presumption in the Province of Ontario that most matters proceed in person (as opposed to via Zoom). Despite this provincial presumption, it is still necessary to refer to the relevant Practice Direction for particulars.
However, the court will conduct remote hearings for urgent family matters. Each court level has released its own criteria outlining their threshold for “urgency.” Generally, these guidelines include matters relating to:
- The safety of a child or parent;
- The well-being of a child (i.e. important medical decisions or if the child has been kept in contempt of an order);
- The risk of removing a child from the jurisdiction;
- Financial issues that have an effect on the financial stability of the family; and,
- In child protection cases, all urgent matters.
The aforementioned list is not exhaustive. Courts determine urgency on a case-by-case basis.
The case of Thomas v. Wohleber (March 20, 2020) found that urgent cases must be:
- Immediate – cannot be postponed and resolved at a later date;
- Serious – considerably affects the health, safety, and well-being of the child and/or the parent(s);
- Definite and material rather than speculative – the concern must be tangible (i.e. relate to the spouse’s or child’s health, welfare, or could result in significant financial repercussions); and,
- Clearly outlined in evidence and examples.
