Notice of Motion (WAGG Motion) (ON)

Summary

This precedent is a standard notice of motion used by a moving party (plaintiff or defendant) for a motion seeking the production of a police or Crown file from a non-party (also known as a Wagg motion) before the Ontario Superior Court of Justice. This precedent includes practical guidance, drafting notes, alternate clauses and optional clause. A Notice of Motion (Form 37A) (ON) is used in all proceedings, which are not subject to simplified procedure. This form is used regardless of whether the specific motion will be heard by a Judge or 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 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. The notice of motion forms a part of a motion record, which also includes supporting affidavits with exhibits and the pleadings of a proceeding. On a Wagg ...