Service
A motion in Ontario is a request to the court for an order. The paperwork looks the same in most matters: Notice of Motion, supporting affidavit (sworn before a commissioner), factum if the rule requires one, and a draft order. We draft each piece or hand you the forms pre-filled so you can finalize and serve.
A standard Ontario motion record contains the Notice of Motion, supporting affidavits with exhibits, transcripts referred to in the affidavits, and the draft order sought. Rule 37.10 of the Rules of Civil Procedure sets out the contents and pagination. The court file copy is hole-punched top-left and bound; the served copies are usually bound by tape or coil.
The Notice of Motion sets out the relief sought, the grounds in numbered paragraphs, and the evidence to be relied on. We Draft It auto-fills the Notice of Motion in three statute forums: Superior Court of Justice (Rule 37), Ontario Court of Justice (criminal motions), and Provincial Offences Act (s. 116 appeals and reopenings). $5 per form.
Every motion needs sworn evidence. The affidavit is the sworn statement of facts the court will rely on, written in the first person, in numbered paragraphs, with exhibits referenced as Exhibit A, B, C and so on. Use Form 4D under the Rules of Civil Procedure, Form 4D for OCJ criminal, or the POA 0006 CSD General Form of Affidavit. We auto-fill each one for $5 (or free when bundled with the Notice of Motion above).
A factum is the written argument. Rule 38.09 requires one on most Superior Court motions. The factum has a fixed structure: overview, facts, issues, law and argument, order sought, and schedules of authorities and statutes. Hire a drafter for the full factum, or auto-fill the chassis and fill in the argument yourself.
The draft order is the order the court will sign if you win. Keep it specific: name the parties, cite the rule, and list each operative paragraph. Judges and JPs sign what is in front of them; vague drafts get re-typed at the hearing.