Agriculture, Food and Rural Affairs Appeal Tribunal (Tribunal)

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Rule 25 - Motions

Notice of motion

25.01 Except for a motion made at a hearing, a motion shall be initiated by a notice of motion.

Hearing date

25.02 Except for a motion made at a hearing, the moving party shall obtain a hearing date from the secretary to the Tribunal before a notice of motion is served.

Contents of notice of motion

25.03 A notice of motion shall,

  1. identify the moving party;
  2. set out the date, time and place for the hearing of the motion;
  3. state the precise relief sought by the moving party;
  4. specify the grounds to be argued, including a reference to any statutory provision or rule, if any, to be relied upon;
  5. be accompanied by an affidavit of a person having, knowledge, or information and belief, regarding the facts deposed to;
  6. list the documents to be referred to at the hearing of the motion;
  7. state whether the moving party will seek leave of the Tribunal to adduce oral evidence at the hearing of the motion and identify the nature of that evidence;
  8. identify the names and addresses of all parties other than the moving party, and any other person to whom the Tribunal has directed notice be given; and
  9. identify by name, address and telephone number the moving party's solicitor or the moving party.
  10. contain a notice that if a party does not attend at the hearing of the motion the Tribunal may proceed in their absence and that party is not entitled to any further notice in the proceedings.

Service of notice of motion

25.04 Unless otherwise directed by the Tribunal, the notice of motion shall be served at least seven business days before the date on which the motion is to be heard.

25.05 Where a motion is made on notice, a notice of motion shall be served upon all of the other parties to the appeal, any person to whom the Tribunal has directed notice be given and the secretary of the Tribunal. Where there are more than five parties to an appeal, the moving party may seek direction from the Tribunal as to alternate methods of service.

Proof of service

25.06 Where a motion is made on notice, proof of service of the notice of motion shall be filed with the Tribunal prior to or on return of the motion.

Reply of responding party

25.07 A responding party who intends to rely upon,

  1. grounds other than those to be relied upon by the moving party;
  2. an affidavit;
  3. documents other than those to be relied upon by the moving party; or
  4. oral evidence to be adduced at the hearing of the motion with leave of the Tribunal shall serve a reply.

Contents of the reply

25.08 The reply referred to in rule 25.07 shall,

  1. identify the responding party;
  2. specify the grounds other than those to be relied upon by the moving party, in support of or in opposition to the motion, including a reference to any statutory provision or rule to be relied upon;
  3. be accompanied by an affidavit of a person having,
    1. knowledge; or
    2. information and belief, regarding the facts deposed to if such information is to be used at the hearing of the motion;
  4. list any additional documents to be used at the hearing of the motion;
  5. state whether the responding party will seek leave of the Tribunal to adduce oral evidence at the hearing of the motion and identify the nature of the evidence; and
  6. identify by name, address and telephone number the responding party's solicitor or the responding party.

Service of reply

25.09 Unless otherwise directed by the Tribunal, the reply referred to in rule 25.08 shall be served at least two business days prior to the date upon which the motion is to be heard.

25.10 A copy of the reply shall be served on the moving party, all other parties, any person to whom the Tribunal has directed notice of motion must be given and the secretary of the Tribunal. Where there are more than five parties to an appeal, the responding party may seek direction from the Tribunal as to alternate methods of service.

Proof of service

25.11 Proof of service of the reply shall be filed with the Tribunal prior to or on return of the motion.

Oral representations at hearing of motion

25.12 A moving party and a responding party may make oral representations at the hearing of the motion.


For more information:
Toll Free: 1-888-466-2372 ext. 519-826-3433
Local: 519-826-3433
E-mail: AFRAAT@ontario.ca
Author:
Creation Date: 22 November 2010
Last Reviewed: 22 November 2010