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 NOTICE OF MOTION

B E T W E E N:

The City Corporation of the City of Kitchener

Prosecutor

-v-

ACSO P.M. Inc

Defendant

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

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

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)