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The odds of winning a summary judgment depend on the strength of your case and how convincingly you can argue that there are no material facts in dispute. Courts typically require clear evidence and a strong legal argument to grant such motions. Engaging an experienced legal professional can enhance your chances, especially when pursuing an urgent motion with notice in Ontario.
If you are a party responding to a motion you may file a responding motion record and respondent's factum. If you wish to do so you must serve and file it at least four business days before the hearing.
Complete a Form 14 (Notice of Motion) and a Form 14A (Affidavit). In Form 14, you will list the orders that you are requesting at the motion. In Form 14A, you will include your evidence and explain why you want the court to make the orders you are asking for in your motion.
To do this, you must follow Rule 14(11) of the Family Law Rules. The moving party must serve Form 14 and Form 14A on all the other parties not later than six (6) days before the motion. You must also file the documents no later than four (4) days before the motion.
To bring an urgent motion without notice, you must give detailed, specific information of your fears and show why you think something serious could happen if the motion is delayed because you have to serve your partner.
To bring a motion, you need to: ask the court for a motion date. identify and fill out your motion forms. serve and file your motion forms. confirm that you will attend the motion. go to your motion hearing. receive the judge's decision.