Originally posted by Mess
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A motion brought "ex-party" is heard without any notice and same day.
Generally, an urgent (emergency) motion has notice just very short notice.
To have no notice (in Ontario) it has to be brought without notice ("ex-parte") under Rule 14.(12) of the FLR and as an urgent matter.
See Rule 14 of the FLR.
MOTION WITHOUT NOTICE
(12) A motion may be made without notice if,
(12) A motion may be made without notice if,
(a) the nature or circumstances of the motion make notice unnecessary or not reasonably possible;
(b) there is an immediate danger of a child’s removal from Ontario, and the delay involved in serving a notice of motion would probably have serious consequences;
(c) there is an immediate danger to the health or safety of a child or of the party making the motion, and the delay involved in serving a notice of motion would probably have serious consequences; or
(d) service of a notice of motion would probably have serious consequences. O. Reg. 114/99, r. 14 (12).
(b) there is an immediate danger of a child’s removal from Ontario, and the delay involved in serving a notice of motion would probably have serious consequences;
(c) there is an immediate danger to the health or safety of a child or of the party making the motion, and the delay involved in serving a notice of motion would probably have serious consequences; or
(d) service of a notice of motion would probably have serious consequences. O. Reg. 114/99, r. 14 (12).
http://c.ymcdn.com/sites/www.ccla-ab...rule_14(12.pdf
Originally posted by Mess
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Originally posted by Mess
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Originally posted by Mess
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Also, the requirements for evidence on urgent and ex-parte motions are VERY different. You are expected as the sole filing party to disclose everything... I mean everything... If you are going to be living with someone who is questionable... you have to state that fact upon filing your motion not months later when the other party produces the evidence.
98% of "emergency" ex-parte motions are brought all for the wrong reasons... I caution anyone considering one... You will be hard pressed to find a REPUTABLE lawyer who will bring one forward ever.
The costs for bringing an improper "emergency" ex-parte motion averages (on cost awards I have evaluated) between 25,000 to 50,000 to the losing party. Something to consider that most negative advocate solicitors who are known to pull this "stunt" won't tell their clients... because they are not the one's who generally have to pay costs for such nonsense.
Good Luck!
Tayken
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