Information Sheet - Motions

(Disponible en français)

Introduction

What are some examples of motions?

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

• granting an extension of time to file an appeal;
• granting a stay of the order or decision the Appellant is appealing;
• removing a stay previously granted by the Tribunal;
• dismissing the appeal because a party believes the Tribunal does not have the jurisdiction to hear the appeal.

How does a party make a motion to the Tribunal?

A party may make a motion to the Tribunal by completing the Tribunal’s Notice of Motion form available on its website at tribunalsontario.ca/lat and submitting the form to the Tribunal 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 parties by the party making the motion. The person making the motion must then complete a Certificate of Service and file it with the Tribunal to let the Tribunal know how and when the Notice of Motion was served on any other parties. In some exceptional circumstances the Tribunal may allow a party to bring a motion forward at a pre-hearing or hearing without prior notice to the parties. For details about the requirements for disclosure and service of a Notice of Motion see Rule 15 of the Tribunal’s Rules of Practice, available on its website at tribunalsontario.ca/lat.

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

After a party submits a Notice of Motion to the Tribunal, the Tribunal may schedule a hearing for the motion, or determine that the motion will be considered during a scheduled hearing or pre-hearing instead.

What happens at the motion hearing?

If a motion hearing is scheduled, the procedure is similar to the Tribunal's hearing process. Usually, one Tribunal member hears the motion. The person bringing the motion makes a presentation describing why they want the order. The other party then presents their position, and the person bringing the motion replies. The Tribunal member may ask questions at any time during the motion.

When does the Tribunal make its decision on the motion?

If a motion hearing was scheduled, the Tribunal will make its decision after the motion hearing has concluded, and send a written decision to the parties. If the motion was heard as part of a hearing or pre-hearing, the Tribunal will include the outcome of the motion in a written order sent to the parties.

Other Sources of Useful Information

The Tribunal’s website has Information Sheets, Rules of Practice, Practice Directions, FAQs and other useful information.

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