Notice of Motion (WAGG Motion) (Sample) (ON)

Summary

This precedent is a sample notice of motion used by a plaintiff, as a moving party, on 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. 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 a 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 motion, the notice of motion can be brought by the plaintiff or the defendant. The motion can be heard in ...