Trial Counsel for Law Firms

How To Bring a Motion in Superior Court

Motions can arise at any time during the course of a proceeding, including at trial.  This article discusses common trial motions and also provides an explanation of and template forms for motions (which may be used during the course of the case).

Common Trial Motions

More information on common trial motions will be released soon.  Meanwhile, if you have any questions about trial motions, please contact Mick Hassell.

Motion Scheduling

Motions can be scheduled before the Trial Judge at any time during a trial.  During the course of a case, motions on notice should be scheduled considering opposing Counsel’s schedule and local motion practice directions.

Sample scheduling forms for Toronto include:

Toronto requisition to schedule a short motion

Toronto requisition to attend Civil Practice Court

Motion Record

A motion record consists of a cover page, back page, index, notice of motion (simplified or ordinary), affidavit(s) and examination transcripts.  A draft order may optionally be included (or brought to the motion hearing).

Click here for a precedent motion record (cover page, index, back page)

Ordinary procedure notice of motion OR Simplified procedure motion form 76B

Click here for a precedent affidavit AND Exhibit cover page

Click here for a Precedent Order

Factum and Brief of Authorities

Factums are recommended for all motions, required on many types of motions and in some jurisdictions such as Toronto required on all motions.

Click here for a precedent factum and brief of authorities

Confirmation

Motions must be confirmed by 2 pm at least 3 business days before the motion.

Click here for a precedent confirmation of motion

In Toronto, the following confirmation form is used (again, consider local practice directions):

Toronto motion confirmation form

Costs

It is necessary to bring a costs outline to any contested motion.

Click here for a precedent costs outline for a motion

Offers

It is a good practice to put out a rule 49 offer to settle any motion at least 7 business days before the motion and better yet before any significant work is done on the motion.  Any offer and affidavit of service of the offer should be brought to the motion hearing and can be placed in a sealed envelope for the Master or Judge to consider after the Court decides the outcome.

Click here for a precedent offer to settle a motion

This article is courtesy of the Ontario Civil Trial Manual

Click here for the Ontario Civil Trial Manual

Click here for our Services for Law Firms

This manual is trial information, not trial legal advice.

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The Ontario Civil Trial Manual is copyrighted.  For permission to reproduce part of the trial manual please call (416) 944-2274 or email info@trialcounsel.ca.  Feedback and topic suggestions are welcome.  Thank you.

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