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Litigation

Can a motion be decided in writing without an oral hearing in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

Yes — many motions in Ontario's Superior Court can be dealt with on the basis of written materials alone, without either side appearing in person or by video. This is most common where a motion is unopposed, where the parties consent to the order being asked for, or where the issue is straightforward enough that written submissions give the judge everything needed to decide. In these situations, the moving party files the motion record along with a written request that it be dealt with in writing, and the court can issue an order without scheduling a hearing at all.

Contested motions involving real disagreement, or where credibility or a nuanced explanation matters, are more likely to require an oral hearing so the judge can ask questions and hear both sides directly. Even then, some courts and case management processes lean toward resolving procedural or narrower disputes on paper where possible, partly to reduce cost and scheduling delay for everyone involved. If you're unsure whether your motion qualifies for the in-writing process, it's worth checking the specific requirements and practice directions for the courthouse handling the case, since procedures can differ somewhat from one region to another.

Key takeaways

  • Unopposed or consent motions can often be decided in writing, without a hearing.
  • Contested motions involving real disagreement are more likely to need an oral hearing.
  • Written motions can reduce cost and delay for straightforward or procedural requests.
  • Local practice directions vary, so confirm what your specific courthouse allows.
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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