What are some examples of motions?

Some examples of motions include (but are not limited to) requesting the FSC for an order:

• granting an extension of time to file an appeal.
• to dismiss an appeal based on jurisdiction.
• to dismiss an appeal for mootness.

How does a party make a motion to the FSC?

A party may make a motion to the FSC by completing the Notice of Motion Form and submitting the form to the FSC for consideration.

Are the other parties informed about the Notice of Motion?

A copy of the Notice of Motion must be served on the other party(ies) by the party making the motion. The person making the motion must let the FSC know how and when the Notice of Motion was served on any other parties. In some exceptional circumstances the FSC may allow a party to bring a motion forward at a case conference or hearing without prior notice to the parties. For details about the requirements for disclosure and service of a Notice of Motion see Rules 9 and 15, respectively, of the Rules of Practice and Procedure.

What happens after a party makes a motion to the FSC?

After a party submits a Notice of Motion, the FSC may schedule an oral or written motion hearing or determine that the motion will be considered during a scheduled hearing or case conference instead.

The FSC may require parties to submit materials in response to the Notice of Motion. If submissions are required, the FSC will send a letter directing the parties.

What happens at an oral motion hearing?

If the motion is heard orally, typically one member would be assigned. The party bringing the motion makes a presentation describing why they want the order. The other party then presents their position, and the party bringing the motion will have an opportunity to reply. The member may ask questions at any time during the oral motion hearing.

When does the FSC make its decision on the motion?

Depending on when the motion is heard, the FSC may issue its decision immediately after the hearing, with reasons in writing to follow, or send out a written decision to the parties.

For motions heard at a case conference or hearing, the parties are expected to be ready to proceed with the scheduled case conference or hearing, once the motion has been heard, as directed by the FSC.

Other Sources of Useful Information

The FSC's website has Information Sheets, Practice Directions, FAQs (Frequently Asked Questions), and other useful information.

This information sheet is intended to provide general information. It does not constitute legal advice. If you wish to obtain legal advice, you should consult a person licensed by the Law Society of Ontario.