What is a motion in Ontario?

A motion in family law is a procedural device that enables either party to bring an issue before a court for decision. In other words, when a party makes a request during a court case and before trial, asking the court for a decision or a ruling, that request being submitted to the court requires the requesting party to bring a motion. Both parties reserve the right to bring a motion to the courts at any time following the completion of the initial case conference. In situations of urgency or situations involving extenuating circumstances, a judge may make the decision to listen to a motion before the parties attend a case conference.

The parties in a motion are referred to as the moving party and the responding party. The moving party is the person who is bringing the motion. The responding party is the individual receiving the motion, and responding to the demands of the moving party.

The motion begins when the moving party serves the opposing party with a notice of motion. Upon receiving notice that the motion has been filed, the responding party is able to come up with their own position on the matter and evidence to support their position.

The order that is derived from a motion is the documentation that outlines the decision made by the judge on the motion. There are two different kinds of orders in Ontario, being temporary and final. A temporary order occurs when a judge makes a temporary decision on the motion. It outlines the arrangements that are to be followed by both parties until a final decision on the issue can be made. A final order on a motion outlines more permanent arrangements to be followed.

If you wish to file a motion in Ontario with the court, have received a motion in Ontario and need to respond, or simply are looking for more information on services we provide in the area of family law, contact Krol & Krol at 905.707.3370.