Notice of Motion in Provincial Offences Proceedings

RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS

• Under the Courts of Justice Act:
  • Rules of the Ontario Court (Provincial Division) in Provincial Offences Proceedings (R.R.O. 1990, Reg. 200)

Notice of Motion

7. (1) An application provided for by the Act or these rules shall be commenced by notice of application.

(2) A motion provided for by the Act or these rules shall be commenced by notice of motion.

(3) There shall be at least three days between the giving of notice of application or notice of motion and the day for hearing the application or motion.

(4) An applicant or moving party shall file notice of application or notice of motion at least two days before the day for hearing the application or motion.

(5) Evidence on an application or motion may be given,

(a) by affidavit;

(b) with the permission of the court, orally; or

(c) in the form of a transcript of the examination of a witness.

(6) Upon the hearing of an application or motion and whether or not other evidence is given on the application or motion, the justice may receive and base his or her decision upon information the justice considers credible or trustworthy in the circumstances.

(7) An application or motion may be heard without notice,

(a) on consent; or

(b) where, having regard to the subject-matter or the circumstances of the application or motion, it would not be unjust to hear the application or motion without notice.

(8) Subrules (2) to (5) do not apply in respect of a motion under section 66 of the Act. R.R.O. 1990, Reg. 200, r. 7.

Notice of Motion under Rule 7(2) of R.R.O. 1990, REGULATION 200

File No.: OCJ-18-27458 (Kitchener)

ONTARIO COURT OF JUSTICE Provincial Offenses

B E T W E E N:

ACSO P.M. Inc

Applicant

-and-

Kaufman Plumbing Limited

Respondent

NOTICE OF Motion Under Rule 7(2) of R.R.O. 1990, REGULATION 200

Summary of Motion

Identify the parties to the motion and provide a general summary for why the motion is being made.

Relief Sought

Outline the specific orders that you are seeking the court to make.

Supporting Facts

• Provide the supporting facts written in sequentially numbered paragraphs that provided the support for the relief that is sought in the motion. The supporting facts also requires at least one affidavit attached to the Notice of Motion.

• The attached Affidavit(s) must include copies of the documents referred to in the respective affidavit.

Basis in Law

This section should lay out the basis in law for the request of the relief granted. This section should specifically refer to any legal tests or principles that are required for the relief sought.

Conclusion

This section is a summary of what the relief you are seeking is and a chance to argue any prejudice that may arise if the application is not granted.

Schedule A (Excerpts from Statutes and Regulations)

Schedule B (Excerpts from Applicable Case Law)

Schedule C (Copies of the Summons' Required)

December 2, 2019

ACSO P.M. INC

Shaun D. Harvey, B.A

Paralegal for the Defendant

LSO: P08916

P.O. Box: 26013, 250 King Street West

Kitchener, ON N2G 1B6

Tel: (226) 600-1076

Fax: (519) 489-2395

Email: sharvey@riverviewlegal.ca

TO

The Corporation of the City of Kitchener

Jennifer Sherrier

Legal Services 200 King Street West

Kitchener, ON N2G 4G7

Tel: (519) 741-2200

Email: jennifer.sheryer@kitchener.ca