Rule 15 – Motions

Notice of Motion and Supporting Affidavit

15.01 (1) A motion shall be made by a notice of motion and supporting affidavit (Form 15A).  O. Reg. 393/09, s. 14 (1).

(2) The moving party shall obtain a hearing date from the clerk before serving the notice of motion and supporting affidavit under subrule (3).  O. Reg. 78/06, s. 32; O. Reg. 393/09, s. 14 (2).

(3) The notice of motion and supporting affidavit,

(a) shall be served on every party who has filed a claim and any defendant who has not been noted in default, at least seven days before the hearing date; and

(b) shall be filed, with proof of service, at least three days before the hearing date.  O. Reg. 78/06, s. 32; O. Reg. 393/09, s. 14 (3-5).

Supporting Affidavit in Response

(4) A party who prepares an affidavit (Form 15B) in response to the moving party’s notice of motion and supporting affidavit shall serve it on every party who has filed a claim or defence and file it, with proof of service, at least two days before the hearing date.  O. Reg. 78/06, s. 32; O. Reg. 393/09, s. 14 (6).

Supplementary Affidavit

(5) The moving party may serve a supplementary affidavit on every party who has filed a claim or defence and file it, with proof of service, at least two days before the hearing date.  O. Reg. 78/06, s. 32.

Motion After Judgment Signed

(6) A motion that is made after judgment has been signed shall be served on all parties, including those who have been noted in default.  O. Reg. 78/06, s. 32.

Method of Hearing

15.02 (1) A motion may be heard,

(a) in person;

(b) by telephone or video conference in accordance with paragraph 2 of subrule 1.07 (1);

(c) by a judge in writing under clause 11.03 (2) (a) or (2.1) (a);

(d) by any other method that the judge determines is fair and reasonable.  O. Reg. 78/06, s. 32; O. Reg. 38/16, s. 8.

(2) The attendance of the parties is not required if the motion is in writing under clause (1) (c).  O. Reg. 78/06, s. 32.

Motion Without Notice

15.03 (1) Despite rule 15.01, a motion may be made without notice if the nature or circumstances of the motion make notice unnecessary or not reasonably possible.  O. Reg. 78/06, s. 32.

Service of Order

(2) A party who obtains an order on motion without notice shall serve it on every affected party, together with a copy of the notice of motion and supporting affidavit used on the motion, within five days after the order is signed.  O. Reg. 78/06, s. 32; O. Reg. 393/09, s. 15.

Motion to Set Aside or Vary Motion Made Without Notice

(3) A party who is affected by an order obtained on motion without notice may make a motion to set aside or vary the order, within 30 days after being served with the order.  O. Reg. 78/06, s. 32.

No Further Motions Without Leave

15.04 If the court is satisfied that a party has tried to delay the action, add to its costs or otherwise abuse the court’s process by making numerous motions without merit, the court may, on motion, make an order prohibiting the party from making any further motions in the action without leave of the court.  O. Reg. 78/06, s. 32.

Adjournment of Motion

15.05 A motion shall not be adjourned at a party’s request before the hearing date unless the written consent of all parties is filed when the request is made, unless the court orders otherwise.  O. Reg. 78/06, s. 32.

Withdrawal of Motion

15.06 A motion shall not be withdrawn without,

(a) the written consent of all the parties; or

(b) leave of the court.  O. Reg. 78/06, s. 32.

Costs

15.07 The costs of a motion, exclusive of disbursements, shall not exceed $100 unless the court orders otherwise because there are special circumstances.  O. Reg. 78/06, s. 32.