Motions (POA)

Rules of the Ontario Court (Provincial Division) in Provincial Offences Proceedings

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.