RULE 14:  MOTIONS

Note:  On July 1, 2004, the title to Rule 14 is revoked and the following substituted:

RULE 14: MOTIONS FOR TEMPORARY ORDERS

See:  O. Reg. 89/04, ss. 6 (1), 18.

WHEN TO MAKE MOTION

14.  (1)  A person who wants any of the following may make a motion:

1.   A temporary order for a claim made in an application.

2.   Directions on how to carry on the case.

3.   A change in an order or agreement (but not a change in a final order in a child protection case that is reviewable under section 64 of the Child and Family Services Act).  O. Reg. 114/99, r. 14 (1); O. Reg. 544/99, s. 6.

Note:  On July 1, 2004, paragraph 3 is revoked and the following substituted:

3.   A change in a temporary order.

See:  O. Reg. 89/04, ss. 6 (2), 18.

WHO MAY MAKE MOTION

(2)  A motion may be made by a party to the case or by a person with an interest in the case.  O. Reg. 114/99, r. 14 (2).

PARTIES TO MOTION

(3)  A person who is affected by a motion is also a party, for purposes of the motion only, but this does not apply to a child affected by a motion relating to custody, access, child protection, adoption or child support.  O. Reg. 114/99, r. 14 (3).

CASE CONFERENCE FOR EVERY MOTION

(4)  A case conference shall be held for every motion.  O. Reg. 202/01, s. 4 (1).

Note:  On July 1, 2004, subrule (4) is revoked and the following substituted:

NO MOTION BEFORE CASE CONFERENCE ON SUBSTANTIVE ISSUES COMPLETED

(4)  No notice of motion or supporting evidence may be served and no motion may be heard before a case conference dealing with the substantive issues in the case has been completed.  O. Reg. 89/04, s. 6 (3).

See:  O. Reg. 89/04, ss. 6 (3), 18.

NO MOTION BEFORE A CASE CONFERENCE

(4.1)  No notice of motion or supporting evidence may be served and no motion may be heard before the case conference is held.  O. Reg. 202/01, s. 4 (1).

Note:  On July 1, 2004, subrule (4.1) is revoked.  See:  O. Reg. 89/04, ss. 6 (3), 18.

URGENCY, HARDSHIP ETC.

(4.2)  Subrules (4) and (4.1) do not apply if the court is of the opinion that there is a situation of urgency or hardship or that a case conference is not required for some other reason in the interest of justice.  O. Reg. 202/01, s. 4 (1).

Note:  On July 1, 2004, subrule (4.2) is amended by striking out “Subrules (4) and (4.1) do” and substituting “Subrule (4) does”.  See:  O. Reg. 89/04, ss. 6 (4), 18.

MOTION TO CHANGE FINAL ORDER

(5)  Despite subrule (4), a party may serve a notice of motion and supporting evidence for an order to change a final order or agreement under rule 15 before a case conference has been held, but the motion may not be heard before a case conference has been held.  O. Reg. 114/99, r. 14 (5).

Note:  On July 1, 2004, subrule (5) is revoked.  See:  O. Reg. 89/04, ss. 6 (5), 18.

OTHER MOTIONS

(6)  Subrule (4) does not apply to a motion,

(a)   to change a temporary order under subrule 15 (14) (fraud, mistake, lack of notice);

(b)   for a contempt order under rule 31 or an order striking out a document under subrule (22);

(c)   for summary judgment under rule 16;

(d)   to require the Director of the Family Responsibility Office to refrain from suspending a licence;

(e)   to limit or suspend a support deduction order;

(e.1)   in a child protection case;

Note:  On July 1, 2004, subrule (6) is amended by adding the following clauses:

(e.2)   made without notice, made on consent, that is unopposed or that is limited to procedural, uncomplicated or unopposed matters (Form 14B);

(e.3)   made in an appeal;

See:  O. Reg. 89/04, ss. 6 (6), 18.

(f)   for an oral hearing under subrule 37 (8) or 37.1 (8); or

(g)   to set aside the registration of an interjurisdictional support order made outside Canada.  O. Reg. 114/99, r. 14 (6); O. Reg. 56/03, s. 2; O. Reg. 91/03, s. 4.

MOTION INVOLVING COMPLICATED MATTERS

(7)  The judge who hears a motion involving complicated matters may,

(a)   order that the motion or any part of it be heard as a trial; and

(b)   give any directions that are necessary.  O. Reg. 114/99, r. 14 (7).

MOTION BY TELEPHONE OR VIDEO CONFERENCE

(8)  A party who wants a motion to be heard by telephone or video conference shall,

(a)   obtain an appointment from the clerk for the hearing of the motion;

(b)   make the necessary arrangements;

(c)   serve a notice of the appointment and arrangements on all other parties, and file it; and

(d)   participate in the motion as the notice specifies.  O. Reg. 114/99, r. 14 (8).

DOCUMENTS FOR A MOTION

(9)  A motion, whether made with or without notice,

(a)   requires a notice of motion (Form 14) and an affidavit (Form 14A); and

(b)   may be supported by additional evidence.  O. Reg. 114/99, r. 14 (9).

PROCEDURAL, UNCOMPLICATED OR UNOPPOSED MATTERS — MOTION FORM

(10)  If a motion is limited to procedural, uncomplicated or unopposed matters, the party making the motion may use a motion form (Form 14B) instead of a notice of motion and affidavit.  O. Reg. 114/99, r. 14 (10).

MOTION WITH NOTICE

(11)  A party making a motion with notice shall,

(a)   serve the documents mentioned in subrule (9) or (10) on all other parties, not later than four days before the motion date;

(b)   file the documents as soon as possible after service, but not later than two days before the motion date; and

(c)   file a confirmation (Form 14C) not later than 2 p.m. two days before the motion date.  O. Reg. 114/99, r. 14 (11); O. Reg. 202/01, s. 4 (2).

NO LATE DOCUMENTS

(11.1)  No documents for use on the motion may be served or filed after 2 p.m. two days before the motion date.  O. Reg. 202/01. s. 4 (3).

MOTION WITHOUT NOTICE

(12)  A motion may be made without notice if,

(a)   the nature or circumstances of the motion make notice unnecessary or not reasonably possible;

(b)   there is an immediate danger of a child’s removal from Ontario, and the delay involved in serving a notice of motion would probably have serious consequences;

(c)   there is an immediate danger to the health or safety of a child or of the party making the motion, and the delay involved in serving a notice of motion would probably have serious consequences; or

(d)   service of a notice of motion would probably have serious consequences.  O. Reg. 114/99, r. 14 (12).

FILING FOR MOTION WITHOUT NOTICE

(13)  The documents for use on a motion without notice shall be filed on or before the motion date, unless the court orders otherwise.  O. Reg. 114/99, r. 14 (13).

ORDER MADE ON MOTION WITHOUT NOTICE

(14)  An order made on motion without notice (Form 14D) shall require the matter to come back to the court and, if possible, to the same judge, within 14 days or on a date chosen by the court.  O. Reg. 114/99, r. 14 (14).

SERVICE OF ORDER MADE WITHOUT NOTICE

(15)  An order made on motion without notice shall be served immediately on all parties affected, together with all documents used on the motion, unless the court orders otherwise.  O. Reg. 114/99, r. 14 (15).

WITHDRAWING A MOTION

(16)  A party making a motion may withdraw it in the same way as an application or answer is withdrawn under rule 12.  O. Reg. 114/99, r. 14 (16).

EVIDENCE ON A MOTION

(17)  Evidence on a motion may be given by any one or more of the following methods:

1.   An affidavit or other admissible evidence in writing.

2.   A transcript of the questions and answers on a questioning under rule 20.

3.   With the court’s permission, oral evidence.  O. Reg. 114/99, r. 14 (17).

AFFIDAVIT BASED ON PERSONAL KNOWLEDGE

(18)  An affidavit for use on a motion shall, as much as possible, contain only information within the personal knowledge of the person signing the affidavit.  O. Reg. 114/99, r. 14 (18).

AFFIDAVIT BASED ON OTHER INFORMATION

(19)  The affidavit may also contain information that the person learned from someone else, but only if,

(a)   the source of the information is identified by name and the affidavit states that the person signing it believes the information is true; and

(b)   in addition, if the motion is a contempt motion under rule 31, the information is not likely to be disputed.  O. Reg. 114/99, r. 14 (19).

RESTRICTIONS ON EVIDENCE

(20)  The following restrictions apply to evidence for use on a motion, unless the court orders otherwise:

1.   The party making the motion shall serve all the evidence in support of the motion with the notice of motion.

2.   The party responding to the motion shall then serve all the evidence in response.

3.   The party making the motion may then serve evidence replying to any new matters raised by the evidence served by the party responding to the motion.

4.   No other evidence may be used.  O. Reg. 114/99, r. 14 (20).

NO MOTIONS WITHOUT COURT’S PERMISSION

(21)  If a party tries to delay the case or add to its costs or in any other way to abuse the court’s process by making numerous motions without merit, the court may order the party not to make any other motions in the case without the court’s permission.  O. Reg. 114/99, r. 14 (21).

MOTION TO STRIKE OUT DOCUMENT

(22)  The court may, on motion, strike out all or part of any document that may delay or make it difficult to have a fair trial or that is inflammatory, a waste of time, a nuisance or an abuse of the court process.  O. Reg. 114/99, r. 14 (22).

FAILURE TO OBEY ORDER MADE ON MOTION

(23)  A party who does not obey an order that was made on motion is not entitled to any further order from the court unless the court orders that this subrule does not apply, and the court may on motion, in addition to any other remedy allowed under these rules,

(a)   dismiss the party’s case or strike out the party’s answer or any other document filed by the party;

(b)   postpone the trial;

Note:  On July 1, 2004, clause (b) is revoked and the following substituted:

(b)   postpone the trial or any other step in the case;

See:  O. Reg. 89/04, ss. 6 (7), 18.

(c)   make any other order that is appropriate, including an order for costs.  O. Reg. 114/99, r. 14 (23).

RULE 15:  MOTIONS TO CHANGE AN ORDER OR AGREEMENT

Note:  On July 1, 2004, the title to Rule 15 is revoked and the following substituted: