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Steps of a Motion

The steps of a motion are generally the following, although they can vary depending on the nature of the motion.


THE MOTION IS FILED
 The motion is started by filing of a Notice of Motion (Form 6) or a Notice of Preliminary Motion (Form 7) and Affidavits (Form 10). The Registrar returns filed copies of the documents to the person who filed the motion.
THE MOTION IS SERVED
 Unless the motion or preliminary motion is brought without notice, the Notice of Motion (Form 6) or Notice of Preliminary Motion (Form 7) and Affidavits (Form 10) are served upon the parties.
THE HEARING DATE IS SET
 The Registrar sets a hearing date and issues a Notice of Hearing.
RESPONSE TO MOTION
 The person served with a motion must decide whether to respond or oppose the motion and consider preparing an Affidavit or Statement of Position.
STATEMENTS OF POSITION ARE FILED
 The parties file their Statement of Position (Form 14) within the time fixed by the hearing panel.
PREPARATION FOR THE HEARING
 Where an oral hearing is required, you can prepare by reviewing the Notice of Motion, the Affidavits and Statements of Position.
THE HEARING IS HELD
 The parties attend the hearing at the location, date and time set out in the Notice of Hearing. Failure to attend the hearing can have serious consequences.
THE DECISION IS ISSUED
 The parties attend the hearing at the location, date and time set out in the Notice of Hearing. Failure to attend the hearing can have serious consequences.
THE DECISION IS REVIEWED
 Carefully review the decision. If you do not agree with the decision, you may have the right to appeal the decision or seek judicial review. The decision takes effect immediately, unless a stay is obtained pursuant to subsection 48(4) of the Financial and Consumer Services Commission Act.