What is a motion in an Ontario lawsuit and when would I need to bring one?

A motion is a formal request to the court asking it to make a specific ruling or order during the course of a lawsuit, rather than at the final trial. Motions are a routine part of Ontario civil litigation and can be brought by either party at various stages of the proceeding.

Common reasons to bring a motion include: asking the court to dismiss a claim that has no reasonable chance of success (a motion to strike or summary judgment); obtaining an emergency injunction to stop someone from doing something harmful while the case proceeds; compelling the other side to produce documents they have refused to disclose; extending time limits; adding or removing parties; or resolving disputes about what evidence can be used at trial.

Motions are heard on a motion record — a bound volume that includes the notice of motion, one or more affidavits with evidence, and a factum (written legal argument). The opposing side files their own record and factum. Oral argument is usually brief. On a scheduling basis, a single judge hears motions on designated days (often called "motions court" or the "master's court" for procedural motions).

Motions can be expensive and time-consuming. Experienced counsel carefully weighs whether a motion is necessary before bringing it, because an unsuccessful motion can result in a cost award against the moving party.