Notice of Motion (Seeking DNA Test) (Respondent) (Potential Father) (ON)
Summary
This precedent is a standard notice of motion that can be used by a moving party (potential father and respondent) requesting a paternal DNA test on a motion before the Ontario Superior Court of Justice. This precedent includes practical guidance, drafting notes, and optional clauses. A Notice of Motion (Form 14) (ON) is usually used in all motions except for Motion Form (Form 14B) (ON). The Notice of Motion should set out the following: (1) the date, time and place of the motion; (2) the documentary evidence that will be used in support of the motion; and (3) the relief sought. The Notice of Motion forms part of a continuing record, which also includes supporting affidavits with exhibits and the pleadings of a proceeding. On a motion seeking a paternal DNA test, the moving party's notice of motion should include the following relief: (1) leave to bring the motion on an urgent basis (before a case conference) (if applicable); (2) substituted service (if applicable); (3) directions from...