Notice of Motion in Provincial Offences Proceedings: Difference between revisions
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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 A (Excerpts from Statutes and Regulations)=== | ||
Revision as of 21:51, 2 December 2019
RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS
- Under the Courts of Justice Act:
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
B E T W E E N:
December 2, 2019
TO
Notice of Application
B E T W E E N:
Summary of Application
Identify the parties to the application and provide a general summary for why the application 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 application. The supporting facts also requires at least one affidavit attached to the Notice of Application.
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)
December 2, 2019
TO
