Motions (Re: Drafting)(POA)

Introduction

There is no formal rule on how motions in the Provincial Offenses Court are to be written. The following is a guideline only, the form and content of each motion are ultimately up to the Justice of the Peace that decides on the motion.

Suggested Documents

• Notice of Motion
• Affidavit Evidence
• Factum of the Applicant/Defendant
• Motion Record
• Affidavit of Service

Notice of Motion (Re: Contents)

Every notice of motion should:

(a) state the precise relief sought;

(b) state the grounds to be argued, including a reference to any statutory provision or rule to be relied on; and

(c) list the documentary evidence to be used at the hearing of the motion.

Affidavit Evidence (Re: Contents)

Every affidavit should:

(a) state the precise facts the deponent believes to be true

(b) identify and affirm the contents of any attached exhibits to the affidavit

(c) state the purpose of the affidavit and affirm the contents to be true

Factum of the Applicant/Defendant (Re: Contents)

The moving party may serve a factum consisting of the following elements:

1. Part I, containing a statement identifying the moving party, and state the relief sought by the moving party.

2. Part II, containing a concise summary of the facts relevant to the issues pertaining to the relief sought by the moving party, with such reference to the evidence by page and line as is necessary.

3. Part III, containing the specific questions that it is proposed the court should answer if leave to appeal is granted.

4. Part IV, containing a statement of each issue raised, immediately followed by a concise statement of the law and authorities relating to that issue.

5. Schedule A, containing a list of the authorities referred to.

6. Schedule B, containing the text of all relevant provisions of statutes, regulations and by-laws. O. Reg. 61/96, s. 6; O. Reg. 333/96, s. 2 (2).

(5) Parts I to IV shall be arranged in paragraphs numbered consecutively throughout the factum. O. Reg. 61/96, s. 6.

(6) The moving party shall file three printed copies of the motion record, factum and transcripts, if any, and an electronic version of the factum, with proof of service, within 30 days after the filing of the notice of motion for leave to appeal. O. Reg. 61/96, s. 6; O. Reg. 82/17, s. 7 (2).

Motion Record (Re: Contents)

The motion record should contain, in consecutively numbered pages arranged in the following order,

(a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter;

(b) a copy of the notice of motion;

(c) a copy of all affidavits and other material served by any party for use on the motion;

(d) a list of all relevant transcripts of evidence in chronological order, but not necessarily the transcripts themselves; and

(e) a copy of any other material in the court file that is necessary for the hearing of the motion.