Marginal note:Memorandum of fact and law required
366. On a motion for summary judgment or summary trial, for an interlocutory injunction, for the determination of a question of law or for the certification of a proceeding as a class proceeding, or if the Court so orders, a motion record shall contain a memorandum of fact and law instead of written representations.
- SOR/2002-417, s. 22;
- SOR/2007-301, s. 8;
- SOR/2009-331, s. 7.
Marginal note:Documents filed as part of motion record
367. A notice of motion or any affidavit required to be filed by a party to a motion may be served and filed as part of the party's motion record and need not be served and filed separately.
Marginal note:Transcripts of cross-examinations
368. Transcripts of all cross-examinations on affidavits on a motion shall be filed before the hearing of the motion.
Marginal note:Motions in writing
369. (1) A party may, in a notice of motion, request that the motion be decided on the basis of written representations.
Marginal note:Request for oral hearing
(2) A respondent to a motion brought in accordance with subsection (1) shall serve and file a respondent's record within 10 days after being served under rule 364 and, if the respondent objects to disposition of the motion in writing, indicate in its written representations or memorandum of fact and law the reasons why the motion should not be disposed of in writing.
(3) A moving party may serve and file written representations in reply within four days after being served with a respondent's record under subsection (2).
Marginal note:Disposition of motion
(4) On the filing of a reply under subsection (3) or on the expiration of the period allowed for a reply, the Court may dispose of a motion in writing or fix a time and place for an oral hearing of the motion.
Marginal note:Abandonment of motion
370. (1) A party who brings a motion may abandon it by serving and filing a notice of abandonment in Form 370.
Marginal note:Deemed abandonment
(2) Where a moving party fails to appear at the hearing of a motion without serving and filing a notice of abandonment, it is deemed to have abandoned the motion.
Marginal note:Testimony regarding issue of fact
371. On motion, the Court may, in special circumstances, authorize a witness to testify in court in relation to an issue of fact raised on a motion.
PART 8PRESERVATION OF RIGHTS IN PROCEEDINGS
Marginal note:Motion before proceeding commenced
372. (1) A motion under this Part may not be brought before the commencement of a proceeding except in a case of urgency.
Marginal note:Undertaking to commence proceeding
(2) A party bringing a motion before the commencement of a proceeding shall undertake to commence the proceeding within the time fixed by the Court.
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