47. (1) Unless otherwise provided in these Rules, all motions shall be made before a judge or the Registrar and consist of the following documents, in the following order:

• (a) a notice of motion in accordance with Form 47;

• (b) any affidavit necessary to substantiate any fact that is not a matter of record in the Court;

• (c) if considered necessary by the applicant, a memorandum of argument in accordance with paragraph 25(1)(f), with any modifications that the circumstances require;

• (d) the documents that the applicant intends to rely on, in chronological order, in accordance with subrule 25(3); and

• (e) a draft of the order sought, including costs.

(1.1) An originating motion shall include, after the notice of motion,

• (a) a certificate in Form 25B that states

  • (i) whether there is a sealing or confidentiality order in effect in the file from a lower court or the Court and whether any document filed includes information that is subject to a sealing or confidentiality order or that is classified as confidential by legislation,

  • (ii) whether there is, pursuant to an order or legislation, a ban on the publication of evidence or the names or identity of a party or witness and whether any document filed includes information that is subject to that ban, and

  • (iii) whether there is, pursuant to legislation, information that is subject to limitations on public access and whether any document filed includes information that is subject to those limitations;

• (b) a copy of any order referred to in subparagraph (a)(i) and (ii) or of the provision of the applicable legislation mentioned in subparagraphs (a)(i) to (iii); and

• (c) if a judge’s previous involvement or connection with the case may result in it being inappropriate for that judge to take part in the adjudication on the proceedings in the Court, a certificate in Form 25C setting out the issues.

(2) Parts I to V of the memorandum of argument shall not exceed 10 pages.

(3) There shall be no oral argument on the motion unless a judge or the Registrar otherwise orders.

48. (1) An applicant shall

• (a) serve the motion on all parties to the motion and a copy of the notice of motion on all other parties; and

• (b) file with the Registrar the original and two copies of the motion.

(2) A motion related to an application for leave to appeal may be served and filed with the application for leave to appeal.

49. (1) Within 10 days after service of the motion, a respondent to the motion may respond to the motion by

• (a) serving a response on all moving parties and other respondents to the motion; and

• (b) filing with the Registrar the original and two copies of the response.

(2) The response shall consist of the following, in the following order:

• (a) if considered necessary by the respondent to the motion, a memorandum of argument in accordance with paragraph 25(1)(f), with any modifications that the circumstances require; and

• (b) the documents that the respondent intends to rely on, in chronological order, in accordance with subrule 25(3).

(3) Parts I to V of the memorandum of argument shall not exceed 10 pages.

(4) Despite subrule (1), in the case of a motion served and filed with an application for leave to appeal, with the exception of a motion to expedite, the response to the motion may be served and filed with the response to the application for leave to appeal.