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Litigation

What's the difference between an unopposed motion and a contested motion in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

An unopposed motion is one where the other side either agrees with the relief being requested, or simply doesn't respond or object to it, so there's no real dispute for the judge to resolve. These motions can generally move through the court more quickly, sometimes without an oral hearing at all, since the judge mainly needs to confirm the order being asked for is appropriate and properly supported, rather than weigh competing arguments. A contested motion, by comparison, involves genuine disagreement — the responding party actively opposes the relief and files their own evidence and argument explaining why it shouldn't be granted.

Contested motions generally take longer to resolve and cost more, since both sides need to prepare full materials, and a hearing is typically required so the judge can hear both positions and ask questions. Even where a motion starts out contested, it can become unopposed if the parties reach an agreement beforehand, which is often worth pursuing given the time and cost that a fully argued motion involves. Knowing which category your motion falls into matters practically too, since court scheduling and paperwork requirements often differ between the two.

Key takeaways

  • Unopposed motions have no real dispute and can often move faster, sometimes without a hearing.
  • Contested motions involve genuine disagreement, with both sides filing evidence and argument.
  • Contested motions generally cost more and take longer to resolve.
  • A motion can shift from contested to unopposed if the parties reach agreement beforehand.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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