Notice of Motion (Further and Better Affidavit of Documents) (ON)

Summary

This precedent is a standard notice of motion that may be used by a moving party on a motion for production of a further and better affidavit of documents pursuant to r. 30.03 and 30.06 of the Rules of Civil Procedure, R.R.O. 1990 Reg. 194 ("Rules"). This precedent includes practical guidance and drafting notes. A Notice of Motion (Form 37A) (ON) is used in all proceedings, save those under the simplified procedure. For motions under the simplified procedure, a motion form (Form 76B) is used. A Notice of Motion is used regardless of whether the specific motion will be heard by a judge or case management master (soon to be referred to as an "associate judge"). The Notice of Motion should set out the following: (1) the date, time and place of the motion; (2) the type of hearing, i.e. oral (in person or by way of video conference) or in writing; (3) the relief sought; (4) the grounds for the motion; and (5) the documentary evidence that will be used in support of the motion (r. 37.06). ...