Motions Court Practice and Procedure, 2nd Edition
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Successfully navigating the ins and outs of motions court is an essential element of every litigation lawyer's practice.
On July 1, 2015, the Superior Court of Justice's new Consolidated Practice Direction for Civil Actions, Applications, Motions and Procedural Matters in the Toronto Region came into effect. The second edition of Motions Court Practice and Procedure focuses on some of the key changes in motions scheduling and offers current, practical guidance on bringing and responding to motions in Ontario.
Useful reference for anyone preparing for and conducting motions
Co-authored by two seasoned and respected litigators, this guide features strategy, tactics, tips and practice pointers for effectively preparing for and conducting motions in Ontario. It provides detailed explanations of:
- When and where to file the necessary materials
- Sample precedents providing illustrative examples of motion materials
- Guidance on dealing with urgent motions and special circumstances
- A review of how to deal with the costs of motions
What's New In This Edition?
- Focuses on some of the key changes in motions scheduling and also discusses, specifically, the new scheduling procedures for long motions before a judge including summary judgment motions, highlighting two new forms:
- Requisition to Attend Civil Practice Court
- Civil Practice Court: Long Motions & Summary Judgment: Case Information Sheet
- Major change that Civil Practice Court now replaces the former Motions Scheduling Court in Toronto
- Discusses the change in the process by which one schedules a long application, long motion, summary judgment motion or urgent matter before a judge
- Updated set of appendices and forms
A Vital Resource For
- Civil litigators
- Employment & labour lawyers, Family law lawyers, Personal injury lawyers
- Law clerks
- Litigation assistants
- Law schools
Table of contents
Part I – Commentary
Motions: Background and Overview
1. Place of Motion
2. Judge, Master or Registrar? Jurisdiction over Motions
3. "Over-the-Counter" Motions
4. Drafting Notices of Motion
6. Solicitor's Certification in Lieu of an Affidavit
7. Scheduling Motions in Toronto
8. Scheduling Motions – Outside Toronto
9. Motion Records
10. Timing on Motions – Minimum Notice Period
12. Book of Authorities
13. Serving and Filing Motion Records, Facta and Books of Authorities
14. Confirmation of Motion
15. Time Estimates
16. Confirming the Motion is on the List and Who is Sitting – Toronto
17. Endorsements and Draft Orders
18. Over-the-Counter Orders
19. Settling Motions
20. Cancelling or Adjourning Motions
21. Costs on Motions
22. Incivility and Civil Motions
Part II – Appendices