Filling a motion in Ontario

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jsherk
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Filling a motion in Ontario

by: jsherk on
Mon Nov 05, 2012 4:28 pm

Hi

I have a few questions for a hypothetical situation, lets say I got a ticket for talking on cell phone while driving in Ontario:

(1) If I want to file a motion to dismiss, do I need to first request a trial date and then after trial date is issued I would then file the motion? Or can I just file the motion right away and not worry about requesting the trial date?

(2) Do I need to do both the Motion and a Notice Of Motion?

(3) Where can I find examples of a Motion and Notice of Motion for Ontario?

Thanks
+++ This is not legal advice, only my opinion +++


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Simon Borys
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by: Simon Borys on
Mon Nov 12, 2012 4:48 pm

There's no such thing as "motion to dismiss". If you want to file a Charter application you need a Notice of Application and an actual application (i.e. a factum). The notice + the application + the supporting documentation forms the "application record" that will be before the courts. You can find templates for these types of documents in electronic format on the CD with this book: http://www.carswell.com/product-detail/ ... 3-edition/ or this book: http://www.lexisnexis.ca/info/index.php ... &docno=180
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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