In Ontario, an emergency preservation order (non-depletion order) can be secured within 24 to 48 hours if a spouse is actively draining bank accounts. You must file an urgent ex parte motion under Rule 14 at the Superior Court of Justice, with basic court filing fees around $127 CAD.
When a marriage breaks down, emotions run high, and sometimes a spouse will maliciously attempt to hide or drain marital wealth. Whether they are rapidly transferring funds to a secret offshore account, quietly selling valuable assets, or draining joint bank accounts, this financial sabotage is incredibly dangerous. In Ontario family law, you absolutely do not have to sit back and watch your net family property disappear. The legal system provides a powerful tool known as an emergency preservation order, or a non-depletion order, to instantly stop the bleeding.
Securing this order requires moving incredibly fast. Because notifying your deceptive spouse might prompt them to immediately empty the accounts before the judge can act, these urgent motions are often heard “without notice” (ex parte). Whether you live in Toronto, Mississauga, or Ottawa, the Superior Court of Justice treats the active destruction of family property as a massive emergency. Let us comprehensively review how your law firm can rapidly freeze accounts and protect your financial future.
The Step-by-Step Process for a Preservation Order in Ontario
Freezing someone’s bank account is a drastic legal measure. The court will not simply take your word for it; you must provide undeniable, hard evidence that the depletion is actively happening or highly imminent.
Step 1: Gathering Immediate Financial Evidence
Before rushing to the courthouse, your lawyer needs immediate proof. 🔍 You must urgently gather recent bank statements showing massive, unexplained withdrawals, suspicious text messages threatening to hide money, or proof that they are actively trying to sell the matrimonial home without your consent. This concrete evidence forms the absolute foundation of your sworn affidavit.
Step 2: Drafting the Urgent Form 14 Motion
Your family law firm will rapidly draft a Form 14 Notice of Motion, accompanied by your highly detailed affidavit. This legal paperwork strictly outlines exactly what assets are in immediate danger and specifically requests that the judge legally freeze those accounts under Rule 14 of the Family Law Rules. You must also request that the order be made “without notice” so the evasive spouse is caught completely off guard.
Step 3: Attending the Ex Parte Hearing
Because this is a massive emergency, your lawyer will bypass standard scheduling and appear before a judge almost immediately. At an ex parte hearing, only your legal team is present. The judge will carefully review your evidence to ensure that waiting for a standard, scheduled hearing would cause irreversible financial harm to your property equalization claim.
Step 4: Serving the Financial Institutions
Once the judge formally signs the preservation order, it must be acted upon instantly. Your law firm will immediately serve the legally binding court order directly on the major Canadian banks (like TD, RBC, or Scotiabank) or investment brokerages holding the funds. The bank is then legally mandated to instantly freeze the accounts, completely blocking your spouse from withdrawing another single cent.
Step 5: The Return Motion (Review Hearing)
An ex parte order does not last forever. Because the order was granted without your spouse having a fair chance to defend themselves, the judge will schedule a “return motion” usually within 7 to 14 days. At this secondary hearing, your spouse and their lawyer can formally argue why the accounts should be unfrozen, and the judge will decide if the freeze should remain in place until the final divorce trial.
How Much Does it Cost in Ontario?
Moving rapidly on an emergency basis requires intense legal work, which can be quite expensive. Here are the realistic costs in CAD as of May 2026.
| Legal Action | Estimated Cost (CAD) |
|---|---|
| Court Filing Fee (Motion) | $127 for filing the initial Form 14 Motion |
| Law Firm Emergency Retainer | $3,000 to $7,000+ for immediately dropping other cases to draft urgent affidavits |
| Serving the Banks | $100 to $300 for a professional process server to deliver the order to financial institutions |
How Long Does the Process Take?
If the financial threat is extremely severe and actively occurring, an emergency preservation order can theoretically be secured and enforced within 24 to 48 hours. The Ontario Superior Court of Justice strictly prioritizes these urgent motions. However, successfully preparing the massive amount of required evidence can delay the filing. Once the order is signed, major banks usually freeze the designated accounts within a matter of hours.
Frequently Asked Questions (FAQ)
Can a preservation order freeze a corporate business account?
Yes, but judges are extremely cautious about freezing active business accounts. If the freeze prevents the company from paying innocent employees or standard suppliers, the judge may instead order that funds can only be used in the ordinary course of business, strictly prohibiting large personal withdrawals.
What happens if the money has already been moved offshore?
If the funds have already left Canada, an Ontario preservation order is much harder to enforce. In this scenario, your law firm will likely request an unequal division of the remaining domestic net family property, ensuring you are compensated from the assets still remaining in the province.
Do I have to prove they are hiding money on purpose?
Generally, yes. You must definitively show that the depletion of assets is completely out of the ordinary and is being done specifically to defeat your legal claims for spousal support or equalization. Normal, day-to-day living expenses will not trigger a freeze.
Can my spouse sue me if I wrongfully freeze their account?
Yes. When you ask for an ex parte order, you have a strict legal duty of “full and frank disclosure.” If you maliciously lie or hide important facts from the judge just to punish your spouse, the court will severely penalize you with massive cost awards once the truth is discovered.
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