- A motion is a formal request asking the court to make a decision or order before the case is finished — anything from extending a filing deadline to compelling a party to produce documents.
- Ontario's civil courts generally reserve motions in writing for situations where an oral hearing would add cost and delay without adding much value.
Not every step in a lawsuit needs a trip to the courthouse. In Ontario civil litigation, many procedural requests — asking a judge to extend a deadline, approve a consent order, or resolve a narrow disagreement — can sometimes be decided through a motion in writing, without either side standing up in front of a judge.
For parties trying to keep a case moving without racking up appearance after appearance, understanding when this option is available, and when it isn't, can save real time and expense.
This guide explains what a motion in writing is, when Ontario courts will use one, and how to put your best written case forward when there is no hearing to fall back on.
What Is a Motion?
A motion is a formal request asking the court to make a decision or order before the case is finished — anything from extending a filing deadline to compelling a party to produce documents. Motions are common in Superior Court civil litigation, and most involve written material (a notice of motion and supporting affidavit evidence) even when they are also argued out loud.
A motion in writing removes the "argued out loud" part. A judge or associate judge reviews the written materials from both sides and issues a decision — an endorsement or order — without either party appearing.
When Courts Will Decide a Motion on the Papers
Ontario's civil courts generally reserve motions in writing for situations where an oral hearing would add cost and delay without adding much value. In practice, that tends to include:
- Consent motions, where both sides agree on the relief sought and simply need the court's formal order
- Unopposed motions, where the other side has been served and does not intend to respond or attend
- Straightforward procedural requests, such as extending a deadline by consent or correcting a party's name in the case caption
- Motions where the parties themselves ask the court to decide on the written record because attendance is impractical or unnecessary
Contested motions — where the parties genuinely disagree, or where credibility or complex argument is involved — are much less likely to be dealt with in writing. A judge always retains discretion to direct an oral hearing if the written materials leave questions unanswered.
How the Process Works
- Prepare your motion materials. This typically means a notice of motion, a supporting affidavit setting out the relevant facts, and any draft order you are asking the court to sign.
- Serve and file. The materials go to the other side and to the court in the usual way, with proof of service filed.
- Confirm the basis for proceeding in writing. Either the other side consents, does not oppose, or the nature of the request makes an oral hearing unnecessary — this needs to be clear on the record, not assumed.
- The court reviews the record. A judge or associate judge reads the materials and either grants the order, refuses it, or requests further information or an oral hearing.
- The order issues. If granted, you receive a signed order with no court appearance required.
When You Still Need to Show Up
A motion in writing is not a shortcut around opposition. If the other side genuinely disputes the relief you are asking for, expect the motion to be scheduled for an oral hearing in the normal course. Complex or high-stakes motions — injunctions, motions to strike a pleading, or anything turning on disputed facts — are also poor candidates for a paper-only process, even if you would prefer to avoid the appearance.
Practical Tips
- [ ] Confirm early whether the other side will consent or oppose — this shapes your entire approach
- [ ] Draft your affidavit as if it is the only chance a judge has to understand your position, because it may be
- [ ] Attach a clean draft order the judge can sign without redrafting
- [ ] Keep the request narrow — bundling an unopposed item with a contested one usually forces the whole motion into an oral hearing
- [ ] Ask the court in your materials, plainly, to deal with the motion in writing, and explain why
Frequently asked questions
Can I ask for a motion to be decided in writing even if the other side hasn't agreed?
You can ask, but the court will usually want to know why an oral hearing is unnecessary, and the other side gets a chance to object. If they oppose proceeding in writing, the motion is more likely to be scheduled for a regular hearing instead.
Does a motion in writing cost less than an oral motion?
It can, mainly by avoiding the time and expense of a court appearance. You still need properly prepared materials — the savings come from skipping the hearing itself, not from doing less legal work upfront.
What happens if the judge doesn't think the papers are enough?
The judge can ask for further written submissions or direct that the motion proceed as an oral hearing. This is a normal outcome and not a sign anything went wrong with your materials.
Is a motion in writing available in Small Claims Court?
Small Claims Court has its own, more informal procedures, and many routine requests there are handled without a full motion process. Ask the court office or a lawyer about the right way to raise a specific request in that court.
This is a litigation question
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