How much advance notice do I have to give the other side before a motion in Ontario?
Ontario's civil rules generally require a party bringing a motion to give the other side a set minimum amount of advance notice before the hearing, so they have a fair opportunity to prepare a response rather than being ambushed. The exact amount of notice required can depend on the type of motion, whether it's being heard in person or in writing, and the specific court or region involved, so it's worth confirming the current requirement for your specific situation rather than assuming a single fixed number applies to every motion.
Shorter notice can be sought where genuine urgency exists, and the party seeking a shortened timeline generally has to explain to the court why the usual notice period isn't realistic given the circumstances. Conversely, the other side can sometimes ask for more time if the standard notice period isn't enough to reasonably prepare, particularly for a complex or long motion. Serving notice late, or in a way that doesn't meet the technical requirements, can itself become the subject of a challenge, potentially delaying the motion rather than speeding anything up. Confirming the applicable notice period and serving properly and on time is generally simpler than trying to fix a defect afterward.
Key takeaways
- A minimum notice period generally applies before a motion can be heard, giving the other side time to prepare.
- The exact notice period can vary by motion type and the specific court involved.
- Shortened notice can be sought for genuinely urgent matters, with an explanation to the court.
- Improper or late notice can itself become a challenge that delays the motion further.