What common mistakes do self-represented litigants make when filing a motion in Ontario?
Some recurring mistakes come up often when self-represented litigants file motions in Ontario's Superior Court. A common one is filing an affidavit that contains legal argument, opinions, or conclusions instead of sworn facts within the person's own knowledge, which can lead to portions being disregarded or challenged as improper. Another is failing to properly serve the motion materials on the other side with enough advance notice, which can delay the hearing or result in the motion not being heard as scheduled. Missing supporting documents, such as a draft order or necessary exhibits, is also common, leaving the judge without something concrete to grant if the motion succeeds.
Beyond paperwork issues, self-represented litigants sometimes bring a motion for relief the court genuinely can't grant given the stage of the case, or aim it at the wrong kind of order entirely, such as asking for a final decision on the merits through a motion meant for a narrower procedural issue. Underestimating how much preparation a contested motion requires, and not anticipating what the other side will likely argue in response, is another frequent gap. Reviewing a sample motion record, checking local courthouse practice directions, or getting a brief legal review before filing can catch most of these issues before they cause a delay.
Key takeaways
- Affidavits should contain sworn facts, not legal argument or opinion, to avoid being challenged.
- Proper notice and complete supporting documents, including a draft order, are commonly missed.
- Motions sometimes ask for relief the court can't grant at that stage of the case.
- A brief legal review before filing can catch most common mistakes early.