Rules of Procedure for the
Farm Products Appeal Tribunal
Ontario Drainage Tribunal Farm Organizations Accreditation Tribunal
Crop Insurance Appeal Board
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,
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identify the moving party;
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set out the date, time and place for the hearing
of the motion;
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state the precise relief sought by the moving party;
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specify the grounds to be argued, including a reference
to any statutory provision or rule, if any, to be relied upon;
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be accompanied by an affidavit of a person having,
knowledge, or information and belief, regarding the facts deposed
to;
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list the documents to be referred to at the hearing
of the motion;
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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;
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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
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identify by name, address and telephone number the
moving party's solicitor or the moving party.
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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,
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grounds other than those to be relied upon by the
moving party;
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an affidavit;
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documents other than those to be relied upon by the
moving party; or
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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,
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identify the responding party;
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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;
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be accompanied by an affidavit of a person having,
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knowledge; or
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information and belief, regarding the facts deposed
to if such information is to be used at the hearing of the motion;
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list any additional documents to be used at the hearing
of the motion;
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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
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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.
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