Legal Motions and Orders

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Commonly Asked Questions about Legal Motions and Orders

What is a motion record in Ontario?

A Motion Record shall contain a table of contents, a copy of the notice of motion, all affidavits, relevant examination transcripts, and any other material in the court file that is necessary for the hearing of the motion.

What is an example of a motion?

A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.

What is the difference between a motion and an application in Ontario?

An application is a form of legal proceeding. A motion, however, is not a separate proceeding. Rather, a motion is a procedure by which particular relief is sought within the framework of an existing (or impending) action. An application is one of two ways to start a legal proceeding in Ontario.

What is a motion in law in Canada?

A motion is a process for requesting that a judge make an order. Generally, a party will make a motion to have a matter addressed before judgment, or in some circumstances after judgment or to support an enforcement process. Usually, a motion is a hearing in court before a judge.

What goes in a trial record Ontario?

The trial record includes the pleadings and documents that are to be provided to the court at the trial. In other words, the trial record contains information the trial judge will use to understand the action, including its history before trial and the partys positions over time.

What is the difference between a motion and a request?

A motion is filed to get a court ruling on an issue. Examples are a Motion for Summary Judgment, Motion for Judgment of Acquittal, or Motion to Dismissal. A Request is less common, but is filed when the party has failed to Answer the Complaint and a party files a Request for Order of Default.

What goes in a motion record in Ontario?

The motion record states what the moving party wants the court to order and the evidence to support their request. The evidence is provided in an affidavit with supporting documents attached as exhibits. The responding party will then provide their responding motion record.

How do you respond to a motion in Ontario?

If you are the Responding Party, you must serve the Moving Party with your responding documents and file them at least four (4) days before the motion. You can respond by filling out, serving and filing a Form 14A. Both parties must file the Affidavit of Service Form 6B with the court.