What is a motion in an Ontario civil lawsuit and when would I need one?
A motion is an application made to the court to obtain an order during the course of a lawsuit — before trial. Motions deal with procedural or substantive matters that arise while the case is progressing. Common examples include motions to amend pleadings, motions for production of documents, motions for summary judgment, and motions for injunctions.
In Ontario Superior Court, most motions are heard by a single judge or a case management master. You serve a notice of motion on the other party and file affidavit evidence supporting your request. The other side can respond, and both sides can make written or oral arguments.
Motions can be costly and time-consuming. Courts expect parties to try to resolve procedural disputes themselves before bringing a motion. If you bring an unnecessary motion or lose a motion, the court may order you to pay the other side's costs. Strategic use of motions — knowing when to bring one and when to negotiate — is an important part of litigation planning.
Key takeaways
- A motion asks the court to make an order before the trial takes place.
- Common motions include those for production, summary judgment, or injunctions.
- Courts expect parties to try resolving disputes without court intervention first.
- Losing a motion can result in a costs award against you.