Notice of Motion in Provincial Offences Proceedings

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

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 - Template

ONTARIO COURT OF JUSTICE Provincial Offenses Proceeding Courts of Justice Act NOTICE OF MOTION

(General heading)

NOTICE OF MOTION

The (identify party) intends to question the constitutional validity (or applicability) of (identify the particular legislative provisions or the particular rule of common law) (or to claim a remedy under subsection 24 (1) of the Canadian Charter of Rights and Freedoms in relation to an act or omission of the Government of Canada (or Ontario)).

The question is to be argued on (day), (date), at (time), at (address of court house).

The following are the material facts giving rise to the constitutional question: (Set out concisely the material facts that relate to the constitutional question. Where appropriate, attach pleadings or reasons for decision.)

The following is the legal basis for the constitutional question: (Set out concisely the legal basis for each question, identifying the nature of the constitutional principles to be argued.)

(Date) (Name, address and telephone number of lawyer or party)

TO The Attorney General of Ontario (as required by section 109 of the Courts of Justice Act) Constitutional Law Branch 4th floor 720 Bay Street Toronto, Ontario M5G 2K1 fax: (416) 326-4015

The Attorney General of Canada (as required by section 109 of the Courts of Justice Act) Suite 3400, Exchange Tower Box 36, First Canadian Place Toronto, Ontario M5X 1K6 fax: (416) 952-0298

(or Justice Building 234 Wellington Street Ottawa, Ontario K1A 0H8 fax: (613) 954-1920)

(Names and addresses of lawyers for all other parties and of all other parties acting in person)

(This notice must be served as soon as the circumstances requiring it become known and, in any event, at least 15 days before the question is to be argued, unless the court orders otherwise.) RCP-E 4F (April 11, 2012)