Filling Notice of Motion before trial

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jsherk
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Filling Notice of Motion before trial

by: jsherk on
Mon Aug 24, 2015 8:16 pm

For Provinical Offences like speeding, if I want to file a Notice of Motion before the trial for anything (let's say to have some evidence excluded), do I have to use the form POA-0007, or can I just submit something that is similar to it?

The reason I ask is that it contains a sentence that says "And further take notice that in support of this application will be read the affidavit of _____ and such other and further evidence as may be required." If I MUST use form POA-0007 then that means I must also include an affidavit which must be sworn/signed by a commissioner of oaths (which costs money)!

Can I not just submit a Notice of Motion with all my "points and evidence" included that I want to raise and then just sign it without having a commissioner of oaths sign it, since I will be at the trial when it is dealt with anyways?

I have tried searching acts/statutes but to clarify my questions:

Where does it say what should/must be included in a Notice of Motion?

In what situation (if any) does it say that we MUST use form POA-0007?

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


ynotp
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Posts: 550
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Location: Ontario

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by: ynotp on
Tue Aug 25, 2015 10:03 am

I believe if you bring the affidavit with you when you file your paperwork at the court office you can swear in front of the clerk accepting your paperwork as they are a COA.

Ticketcombat has a write up on this relevent to Toronto http://ticketcombat.com/step4/howtofile_hard.php

Your MP, MPP or local elected representative can also be a Commissioner of Oaths.


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