Topic

Filling A Motion In Ontario

Author: jsherk


Post Reply
jsherk
High Authority
High Authority
Posts: 1722
Joined: Thu Jul 26, 2012 1:18 pm

Filling A Motion In Ontario

Unread post by jsherk »

Hi


I have a few questions for a hypothetical situation, lets say I got a ticket for talking on cell phone while driving in Ontario:


(1) If I want to file a motion to dismiss, do I need to first request a trial date and then after trial date is issued I would then file the motion? Or can I just file the motion right away and not worry about requesting the trial date?


(2) Do I need to do both the Motion and a Notice Of Motion?


(3) Where can I find examples of a Motion and Notice of Motion for Ontario?


Thanks

+++ This is not legal advice, only my opinion +++
User avatar
Simon Borys
VIP
VIP
Posts: 1065
Joined: Fri Apr 30, 2010 10:20 am
Contact:

Re: Filling A Motion In Ontario

Unread post by Simon Borys »

There's no such thing as "motion to dismiss". If you want to file a Charter application you need a Notice of Application and an actual application (i.e. a factum). The notice + the application + the supporting documentation forms the "application record" that will be before the courts. You can find templates for these types of documents in electronic format on the CD with this book: http://www.carswell.com/product-detail/ ... 3-edition/ or this book: http://www.lexisnexis.ca/info/index.php ... &docno=180

NOTHING I SAY ON HERE IS LEGAL ADVICE.
Post Reply
  • Similar Topics

Return to “General Talk”

Who is online

Users browsing this forum: No registered users and 179 guests