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plainNamedDad44 07-19-2017 08:55 AM

Cross Motions - what relief can be asked for ?
Hi Community,

I understand that I am allowed to cross motion, that is bring my own motion forward in response to a motion by the other party.

Question: Does the relief being sought in my cross motion need to be immediately related to the matters put forward in the other parties motion ?

Eg. they motion for futher disclosure, I motion for back C/S.... Allowed ?

Thank you

plainNamedDad44 07-19-2017 09:05 AM

found this, comments welcome


OrleansLawyer 07-19-2017 10:01 AM

It depends on the court house.

If you do not need to schedule motions ahead of time with the court, then you can serve your cross-motion 4 days before to be heard on the motion date concurrent with the original motion.

If the motion needs to be scheduled ahead of time then you should advise the other party that you want to bring a cross motion when the motion is scheduled. That way, the amount of time allotted to your matter is appropriate. Otherwise, your cross-motion served 4 days before (when the original motion was scheduled in April) risks being adjourned with costs.

plainNamedDad44 07-19-2017 10:43 AM

thank you OL.

the other (motioning) party scheduled as a short motion. and I found this:
Consolidated Practice Direction Concerning Family Cases in the Toronto Region | Superior Court of Justice

indicating that as long as the expectation is that everything takes less than an hour (motion and cross motion) then no additional scheduling should be needed. Most of the short motions I have been involved with run more than an hour, despite being scheduled as a short motion. My experience is that as long as the expectation of the motion and cross motion being completed within an hour is reasonable, their should be no risk of adjournment and costs.

sound reasonable ?

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