What has to be included in a motion record filed in Ontario Superior Court?
A motion record is the package of documents filed with the court so a judge can understand and decide a motion. At its core, it generally includes the notice of motion, which sets out what order is being asked for and on what grounds, along with the sworn affidavit evidence supporting the request and any documents or exhibits that evidence refers to. If earlier steps in the case are relevant, such as transcripts from an examination for discovery or a cross-examination on an earlier affidavit, relevant excerpts are typically included as well. A draft order reflecting the relief being requested is usually attached too, so the judge has something concrete to sign if the motion succeeds.
For more complex or contested motions, a written factum setting out the legal argument and the case law being relied on is often required, along with a supporting book of authorities. The exact combination of documents needed can depend on whether the motion is opposed, how complex the issues are, and local practice at the specific courthouse. Because the record is what the judge actually reads before the hearing, organizing it clearly and including only genuinely relevant material makes a real difference to how the motion is understood and received.
Key takeaways
- A motion record generally includes a notice of motion, supporting affidavits, and relevant exhibits.
- A draft order is usually attached so the judge has something ready to sign if granted.
- More complex or contested motions typically also require a factum and book of authorities.
- Exact requirements can vary by how contested the motion is and local courthouse practice.