The Ontario Superior Court of Justice recently announced that, effective April 2, 2026, most short family law motions in Toronto will presumptively proceed in person rather than by Zoom. The directive applies to motions under one hour and represents a significant shift in how family law matters will be heard at the Toronto courthouse.
The development was first reported and discussed by Toronto family lawyer Steve Benmor, who examined the implications of the new policy for family law litigants and practitioners.
In my view, the court’s decision to retreat from remote hearings is the wrong move.
Remote hearings have proven to be one of the most meaningful access to justice improvements introduced during the pandemic. Reversing that progress risks increasing costs, reducing accessibility, and in some cases creating safety concerns for vulnerable litigants.
Cost Matters in Family Law
Family law litigation is expensive. For many separating couples, legal fees are already a major source of stress.
Remote hearings helped contain those costs. A short motion conducted by Zoom typically involves preparation time and the hearing itself. When hearings move back into a courthouse environment, new time elements inevitably appear on a client’s bill. Lawyers must travel to court. They wait for their matter to be called. They return to their office afterwards.
Anyone who has practised family law in Toronto knows that a one hour motion can easily involve several additional hours spent waiting in court. Those hours are billable.
For many clients, a motion that might previously have cost a few thousand dollars can quickly become significantly more expensive once travel and waiting time are factored in.
This is particularly troubling at a time when a large portion of family law litigants already struggle to afford legal representation.
Access to Justice Should Remain the Priority
Access to justice has long been one of the most pressing issues in family law.
Many family court matters now involve at least one self represented party. For these individuals, the logistical barriers to attending court can be substantial.
Remote hearings helped remove many of those barriers. Litigants could attend hearings from home, from work, or from a local library. They did not need to travel downtown, arrange childcare, or miss an entire day of employment.
Returning to a system that requires in person attendance for routine motions risks recreating the very barriers the justice system worked hard to remove during the pandemic.
We have previously written about this shift on FamilyLLB. In an earlier article, Virtual Family Court Hearings Are Here to Stay, we discussed how remote technology improved accessibility and reduced the logistical burden on litigants and lawyers alike. A later post, The Future of Virtual Family Court in Ontario, explored how many routine family law matters can be handled efficiently through virtual proceedings.
The concerns raised in those discussions remain just as relevant today.
Efficiency Should Not Be Ignored
Ontario’s family courts are under enormous pressure. Caseloads are high and delays remain a persistent concern.
Remote hearings demonstrated that many short procedural motions can be handled effectively online. Lawyers present their arguments, judges ask questions, and decisions are made without the logistical complications of courthouse attendance.
In person hearings introduce delays that have nothing to do with the legal issues being decided. Lawyers commute across the city. They wait in hallways for hours while the court works through a list of cases. Clients pay for that time.
Technology allows courts to eliminate much of that inefficiency.
Safety Matters for Victims of Domestic Violence
Family law disputes often involve allegations of domestic violence, coercive control, harassment, or intimidation between former partners.
For victims of family violence, being required to attend court in person can create legitimate safety concerns.
Courthouses are public spaces. Even with security and scheduling procedures, it is common for parties in family matters to encounter one another in hallways, elevators, waiting areas, or outside the courthouse. For someone who has experienced abuse, these encounters can be intimidating and emotionally distressing.
Remote hearings provide an important layer of protection. Participating from a secure location removes the risk of direct proximity with an abusive former partner and reduces opportunities for intimidation or unwanted contact before or after a court appearance.
Many survivors of domestic violence report that the courthouse environment itself can be retraumatizing. The possibility of encountering the person who harmed them may discourage victims from bringing necessary motions or enforcing court orders.
Virtual hearings help reduce that barrier and allow victims to participate safely while still engaging fully in the legal process.
A Hybrid Approach Makes More Sense
None of this suggests that all court proceedings should occur virtually.
Trials, complex motions, and hearings involving extensive evidence may still benefit from in person proceedings. Face to face interaction can be valuable in certain circumstances.
But short procedural motions are different. These matters are typically brief, focused, and well suited to remote technology.
A hybrid model that preserves virtual hearings as the default for routine motions while allowing judges to require in person attendance when appropriate would better balance efficiency, cost, fairness, and safety.
Moving Forward
The pandemic forced Ontario’s courts to adopt technology at a speed that might otherwise have taken decades. The experience demonstrated that many aspects of court procedure can evolve successfully.
The lesson from that period should not be to retreat to the past.
Instead, the justice system should continue refining and improving the tools that made family court more accessible, more efficient, safer, and more affordable for the people who depend on it most.
What do you think: Will Mandatory In-Person Motions Help or Hurt Family Law Clients?
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