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Preparing and Responding to a Motion

Examples of Motions



Common examples of requests made by motion include:


    • Requesting a temporary order,
    • Determining the manner in which to serve documents,
    • Challenging the jurisdiction (or authority) of the Tribunal to hear the matter,
    • Requesting a change in the location of the hearing,
    • Requesting an adjournment of the hearing date, or
    • Requesting a change in the time periods specified under the Rules of Procedure.


How to Prepare Your Motion


The first step in preparing your motion is determining whether to use the Notice of Motion (Form 6) or the Notice of Preliminary Motion (Form 7).  You will use the Notice of Motion (Form 6) if you are already involved in a proceeding before the Tribunal.  The Notice of Preliminary Motion (Form 7) is used to request temporary relief when a proceeding has not yet been commenced before the Tribunal.

 

After you have determined which form to employ, complete your Notice of Motion (Form 6) or Notice of Preliminary Motion (Form 7).


Your motion or preliminary motion can be brought with or without notice to the other parties. For more information, please see Motion Without Notice.


Next, prepare your supporting Affidavits (Form 10).  The Affidavit sets out the evidence to support your motion. For more information on preparing an Affidavit, please consult Evidence.


Once you have completed your Notice of Motion (Form 6) or Notice of Preliminary Motion (Form 7) and any supporting Affidavits, you must send them to the Registrar of the Tribunal for filing by one of the means set out in rule 2.2.


You should file your documents as soon as possible to avoid unnecessary delays in the proceeding.


You should also prepare your Statement of Position (Form 14), which sets out your version of the facts and issues and your position with respect to these issues. The Registrar returns a filed copy to all parties. See rule 10.2.  You must file your Statement of Position within the time fixed by the hearing panel.


How to Respond to a Motion


If you have have been served with a Notice of Motion (Form 6) or a Notice of Preliminary Motion (Form 7) by another party, you can respond to the motion by any or all of the following means:



Please refer to rule 9.5 and rule 9.6 for more information.

For more information on preparing an Affidavit, please consult Evidence.
  

Even if you do not prepare an Affidavit to oppose the motion, you should  prepare a Statement of Position (Form 14), which sets out your version of the facts and issues and your position with respect to these issues. The Registrar returns a filed copy to all parties. See rule 10.2.  You will have to file your Statement of Position within the time fixed by the hearing panel.


If you have completed an Affidavit or a Statement of Position, you must send them to the Registrar of the Tribunal for filing by one of the means set out in rule 2.2.