Place and Date of Hearing
66. (1) The applicant shall name in the notice of motion as the place of hearing a place at which the Court will be sitting on the date of the hearing unless at the time of filing the notice of motion the applicant files a written request under subsection 69(1).
(2) A date of hearing shall be obtained from the Registry before the notice of motion is filed.
- SOR/93-96, s. 11.
Service of Notice
67. (1) The notice of motion together with the affidavits or other documentary material to be used at the hearing of the motion shall be served on any person or party who will be affected by the direction sought.
(2) Where the nature of the motion or the circumstances render service of the notice of motion impractical or unnecessary, the Court may grant judgment without notice.
(3) Where the delay necessary to effect service might entail serious consequences, the Court may grant interim judgment without notice.
(4) Where a judgment is granted without notice to a person or party affected by the judgment, the judgment shall be served forthwith on the person or party unless the Court directs or these rules provide otherwise.
(5) Where it appears to the Court that the notice of motion ought to have been served on a person who has not been served, the Court may,
(a) dismiss the motion, or dismiss it only against the person who was not served,
(b) adjourn the motion and direct that the notice of motion be served on the person, or
(c) direct that any judgment granted on the motion be served on the person.
(6) Where a motion is made on notice, the notice of motion together with the affidavits or other documentary material to be used at the hearing of the motion shall be filed and served at least seven days before the date on which the motion is to be heard.
Affidavit in Opposition to Motion
68. (1) A respondent may file an affidavit or other documentary material to be used at the hearing of the motion.
(2) All affidavits or other documentary material to be used at the hearing of the motion by a respondent shall be filed and served on the applicant at least two days before the date on which the motion is to be heard.
69. (1) A party filing a notice of motion may, at the same time, or subsequently, file a written request that the motion be disposed of upon consideration of written representations and without appearance by the parties.
(2) A copy of the request and of the written representations shall be served on all parties served with the notice of motion.
(3) A party served with a request shall within twenty days,
(a) file and serve written representations in opposition to the motion, or
(b) file and serve a written request for a hearing.
(4) When all parties served with the request have replied to it or the time for doing so has expired, the Court may,
(a) grand judgment without a hearing,
(b) direct a hearing, or
(c) direct that written representations be filed.
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