Marginal note:Respondent's motion record
365. (1) Subject to subsections 213(4) and 369(2), a respondent to a motion shall serve a respondent’s motion record and file an electronic copy of or three paper copies of the record no later than 2:00 p.m. on the day that is two days before the day fixed for the hearing of the motion.
Marginal note:Contents of motion record
(2) The motion record of a respondent to a motion shall contain, on consecutively numbered pages and in the following order,
(a) a table of contents;
(b) all affidavits and other material to be used by the respondent on the motion that is not included in the moving party's motion record;
(c) subject to rule 368, the portions of any transcripts on which the respondent intends to rely;
(d) subject to rule 366, written representations; and
(e) any other filed material not contained in the moving party's motion record that is necessary for the hearing of the motion.
- SOR/2009-331, s. 6;
- SOR/2013-18, s. 13;
- SOR/2015-21, s. 28.
Marginal note:Memorandum of fact and law required
366. On a motion for summary judgment or summary trial, for an interlocutory injunction, for the determination of a question of law or for the certification of a proceeding as a class proceeding, or if the Court so orders, a motion record shall contain a memorandum of fact and law instead of written representations.
- SOR/2002-417, s. 22;
- SOR/2007-301, s. 8;
- SOR/2009-331, s. 7.
Marginal note:Documents filed as part of motion record
367. A notice of motion or any affidavit required to be filed by a party to a motion may be served and filed as part of the party's motion record and need not be served and filed separately.
Marginal note:Transcripts of cross-examinations
368. Transcripts of all cross-examinations on affidavits on a motion shall be filed before the hearing of the motion.
Marginal note:Motions in writing
369. (1) A party may, in a notice of motion, request that the motion be decided on the basis of written representations.
Marginal note:Request for oral hearing
(2) A respondent to a motion brought in accordance with subsection (1) shall serve and file a respondent's record within 10 days after being served under rule 364 and, if the respondent objects to disposition of the motion in writing, indicate in its written representations or memorandum of fact and law the reasons why the motion should not be disposed of in writing.
(3) A moving party may serve and file written representations in reply within four days after being served with a respondent's record under subsection (2).
Marginal note:Disposition of motion
(4) On the filing of a reply under subsection (3) or on the expiration of the period allowed for a reply, the Court may dispose of a motion in writing or fix a time and place for an oral hearing of the motion.
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