This Guide explains how to complete a Notice of Motion. It is applicable to civil motions that are filed at the Ontario Superior Court of Justice, Canada. Note that this Guide does not apply to family law or small claims court matters. This Guide includes a simple completed sample.This Guide is intended to guide newcomers to court procedure, including law students, new lawyers and self-represented litigants.
Table of Contents:
1) Introduction: What is a Motion? 4
(2) The Story of the Dispute 5
(3) What is a “Notice of Motion” 6
(4) Sample Notice of Motion 6
(5) Guide to each Section 9
Section 1: General Heading 10
Section 2: “Proposed Method of Hearing” 10
Section 3: “The Motion is For” 10
Section 4: “The Grounds For the Motion are” 10
Section 5: Documentary Evidence. 10
Section 6: End Section 11
Video: How to Prepare a Notice of Motion 11
(6) Other Resources 11
Heather Hui-Litwin is the Founder of Litigation Help, Public Legal Education. Before she went to law school, she was involved in a personal civil lawsuit. She brings a combined perspective from being both a self-represented litigant and a lawyer to her delivery of public legal education programs.
Heather Douglas is an experienced civil litigator. She has appeared before the Superior Court of Justice, the Ontario Court of Justice, and various tribunals in Ontario. She was called to the Ontario Bar in 2013. She is an active member of the Ontario Bar Association and a proud volunteer of the 519 Legal Clinic and the Pro Bono Ontario Hotline. Heather also acts as an Advisor to other lawyers as part of the Coach and Advisor Network (CAN) through the Law Society of Ontario.