Understanding the Notice of Motion (Form 37A) in Ontario Courts

Understanding the Notice of Motion (Form 37A) under the Courts of Justice Act

If you are involved in a legal proceeding in Ontario, Canada, and need to request a court order or seek a ruling on a specific issue, you may need to file a Notice of Motion using Form 37A. This official form is a key document in the civil litigation process, allowing parties to formally notify the court and the other side of their intention to bring a motion before a judge. Properly preparing and submitting this form is essential to ensure your motion is considered in a timely and effective manner.

What is the Purpose of the Notice of Motion (Form 37A)?

The primary objective of the Notice of Motion is to inform the court and the opposing party of your intention to request a specific ruling, order, or relief. This could involve matters such as requesting an extension of time, seeking an interim order, or challenging a procedural issue. The form provides a structured way to outline the details of your motion, including the relief sought, grounds for the motion, and evidence that will be relied upon during the hearing.

Preparing Your Notice of Motion

1. Filling Out the Form

The form requires you to include:

• The date and time of the motion hearing: Specify when the court will hear your motion, or indicate if you are requesting a different time.
• Method of hearing: Choose among in person, telephone conference, video conference, or written submissions, depending on the circumstances and court preferences.
• Location details: Provide the address of the courthouse or the virtual meeting details if applicable.
• Relief sought: Clearly state what order or decision you are requesting from the court.
• Grounds for the motion: Summarize the legal or factual reasons supporting your request, referencing relevant statutes or rules.
• Evidence to be relied upon: List affidavits or documents that will support your case at the hearing.

2. Serving the Notice of Motion

Once completed, the Form 37A must be served on the opposing party or their legal representative. Service ensures that all parties are aware of the motion and have the opportunity to respond or prepare for the hearing. The method of service can vary but typically includes personal delivery, mail, or electronic means, depending on the court rules and the instructions of the opposing party.

Submitting the Form and Following Up

1. Filing with the Court

The Notice of Motion can be filed either in person at the courthouse or through the court’s electronic filing system if available. It is important to adhere to the court’s deadlines, which are often specified in the rules of civil procedure or local court practices. The filing date is critical, as it triggers the timeline for service and response from the opposing party.

2. Court Hearing and Decision

On the scheduled date, the motion will be heard by a judge or master. The hearing may be in person, by telephone, or via video conference, depending on the method indicated in the form and the court’s protocols. After hearing the arguments and reviewing the evidence, the court will decide whether to grant or deny the relief sought. The decision will be communicated in writing or orally, depending on the circumstances.

Contacts and Additional Resources

For further guidance on completing Form 37A or understanding the motion process, you can consult the Court Rules or contact the courthouse clerk. Legal counsel can also assist in preparing and submitting the motion to ensure compliance with all procedural requirements.