Motions Tip Sheet

1. MOTION HEARING DATE

• For single judge motions, the moving party chooses the hearing date in accordance with the applicable rules and practice directions. There is no need to call for the court’s availability.
• For panel motions, the court fixes the date for the hearing.

2. BAIL APPLICATIONS

• A bail application must be served and filed three clear days (excluding weekends and holidays) before the hearing date unless a judge permits a shorter notice period.
• The applicant must include a draft release order in their application record. (Please contact the Crown for a template.)
• Applications to extend a surrender date may take the court up to three days (excluding weekends and holidays) to process and should for this reason be brought well in advance.

3. MOTION TO STAY AN EVICTION ORDER

• A motion to stay an eviction order pending determination of a motion for leave to appeal must be served and filed at least seven days (excluding weekends and holidays) before the hearing date unless a judge permits a shorter notice period.
• The motion record must include a copy of: the notice of motion to stay the eviction order, the notice of motion for leave to appeal, an affidavit or letter explaining the reason why a stay is being requested, the lower court decision that the applicant is seeking leave to appeal and, if available, a copy of the notice of eviction.

4. MOTIONS FOR EXTENSIONS OF TIME TO APPEAL

• In order to seek an extension of time to appeal, a party must also file their proposed notice of appeal.

5. WORKING HOURS OF MOTIONS CLERK

• The motions clerk works Monday to Friday, except holidays, from 8:30 a.m. to 4:30 p.m.
• Motions and release orders submitted to the motions clerk after 4:30 p.m. will be processed by the motions clerk the next day that is not a weekend or holiday.

6. MORE INFORMATION

• For more information, please go to the Practice Directions, Rules and Forms

December 2023