How to File a Notice of Motion in Ontario Superior Court (2026 Guide)

Filing a motion is one of the most common — and most misunderstood — procedural steps in Ontario Superior Court litigation. For self-represented litigants, the paperwork requirements, strict deadlines, and service rules can be disorienting. This guide explains exactly what you need to do, citing the specific rules and forms that govern the process.

Important disclaimer: This article is for general informational purposes only and does not constitute legal advice. Ontario court rules are complex, and errors in procedure can have serious consequences for your case. For advice specific to your situation, consult a licensed lawyer or paralegal.

What Is a Motion in Ontario Superior Court?

A motion is a formal request made to a judge or master asking the court to make a specific order before (or sometimes after) the main trial or hearing. Motions are governed primarily by Rule 37 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194.

Motions can be brought for an enormous range of purposes, including:

Seeking an interlocutory injunction to preserve the status quo (Rule 40)
Compelling a party to produce documentary disclosure (Rule 30)
Striking a pleading as disclosing no reasonable cause of action (Rule 21)
Obtaining summary judgment to resolve the case without trial (Rule 20)
Changing a court date or extending a deadline (Rule 3.02)
Enforcing compliance with a court order already made

The document that formally starts a motion is called the Notice of Motion (Form 37A).

What Is a Notice of Motion (Form 37A)?

The Notice of Motion is a prescribed court form — Form 37A under the Rules of Civil Procedure — that notifies all parties and the court of:

The date, time, and location of the hearing
The specific order(s) you are asking for
The grounds (legal bases) you are relying on
The evidence you will be using to support your motion

You cannot simply show up and ask a judge for something. The Notice of Motion is the formal mechanism by which you put the other party on notice and obtain a court date. Rule 37.01 states that a motion shall be made by a notice of motion.

What Rules Govern Motions in Ontario Superior Court?

The primary rules you need to know:

| Rule | Subject | |------|---------| | Rule 37 | Motions — general procedure, filing, and hearing | | Rule 39 | Evidence on motions (affidavits, cross-examination) | | Rule 1.04 | Liberal construction — court's general authority to give directions | | Rule 3.02 | Extensions and abridgements of time | | Rule 16 | Service of documents | | Rule 20 | Summary judgment motions | | Rule 21 | Motions to strike | | Rule 40 | Injunctions and interim orders |

The forms you will likely need:

| Form | Name | |------|------| | Form 37A | Notice of Motion | | Form 37B | Confirmation of Motion | | Form 4D | Affidavit (general) |

What Is the Difference Between a Motion and a Trial?

This is one of the most common questions self-reps ask. The distinction matters because the rules and preparation requirements differ significantly.

A trial is the final determination of the facts and law in your case. Evidence is given in person (viva voce), witnesses are examined and cross-examined, and the judge makes a final order after hearing everything.

A motion is an interlocutory (interim) step. Evidence is almost always given by affidavit rather than live testimony (Rule 39.01), the issues are narrower and defined by your Notice of Motion, and the order made is usually not final. A motion can be heard in as little as one day; some are decided on paper without oral argument.

Step-by-Step: How to File a Notice of Motion in Ontario Superior Court

Step 1 — Confirm That a Motion Is the Right Procedure

Before you draft anything, verify that a motion is what you actually need. If the issue is how the litigation should be conducted going forward — a deadline, a disclosure dispute, an injunction — a motion is appropriate. If you are trying to resolve the merits of the entire case, summary judgment (Rule 20) is a specific type of motion with additional requirements.

Also confirm which court you are in. Most civil motions in Ontario Superior Court are heard by a judge or a master (associate judge). Masters generally hear procedural and interlocutory motions. Certain motions — injunctions, motions to strike, summary judgment — must go before a judge.

Step 2 — Draft Form 37A (Notice of Motion)

The Notice of Motion must state, in plain terms (Rule 37.06):

The relief requested: Precisely what order(s) you want. Do not be vague. "An order compelling the defendant to produce all documents listed in Schedule A of the plaintiff's request to inspect" is correct. "An order for documents" is not.
The grounds: The specific rules, facts, and legal principles supporting the motion. Example: "Rule 30.02(1) of the Rules of Civil Procedure, the affidavit of [your name], sworn [date], and such further grounds as counsel may advise."
The evidence: List the affidavits and exhibits you are relying on.

Form 37A is available at no cost from the Ontario Court Services website (ontariocourts.ca) and from the Superior Court filing office.

Step 3 — Prepare Your Motion Record

Most motions require a motion record. Under Rule 37.10(1), the moving party (the party bringing the motion) must serve and file a motion record containing:

A table of contents
A copy of the notice of motion
All affidavits and other evidence to be used on the motion
Any relevant portions of transcripts (e.g., from examinations for discovery)
A copy of any order or endorsement already made in the proceeding

The motion record must be properly bound and tabbed. Court offices have specific formatting requirements, and poorly assembled records are sometimes refused at the counter or draw negative judicial comment.

Note on facta: For most motions, the parties may (and in many cases should) also serve and file a factum — a written legal argument containing a statement of facts, a summary of the law, and your submissions. A factum is mandatory on certain motions (summary judgment, motions on the record). For shorter procedural motions, a factum is optional but often persuasive.

Step 4 — Obtain a Hearing Date

Before you can serve the Notice of Motion, you generally need a date from the court. This is done by contacting the trial scheduling unit or motion scheduling office at the relevant courthouse.

For motions in Toronto (Osgoode Hall), scheduling is managed through the Civil Practice Court and the relevant scheduling lines. Outside Toronto, each courthouse has its own process. Call the court office and ask for the scheduling contact for civil motions.

Some motions are placed on the Master's List (for short procedural motions, typically under two hours). Others go on a Motions List before a judge, or require a long motions appointment if the hearing is expected to exceed half a day.

Urgent motions (ex parte injunctions, urgent without-notice orders under Rule 37.07) can be scheduled on short notice but require the moving party to explain why notice to the other party is either impractical or would defeat the purpose of the motion.

Step 5 — Serve the Notice of Motion and Motion Record

Service is governed by Rule 16 and Rule 37.07. The key requirements:

Service on all parties of record: Every party to the litigation must be served with the Notice of Motion and motion record.
Timing — general rule: Rule 37.07(5) requires that the motion record, factum, and any transcripts be served at least four days before the hearing. This is a minimum; many motions lists require delivery earlier.
For summary judgment motions (Rule 20): The motion record must be served at least seven days before the hearing.
Method of service: Service on a lawyer must be done at the lawyer's office address by personal delivery, courier, fax (where available), or email if the recipient has agreed to email service (Rule 16.05). Personal service rules for parties not represented by counsel are set out in Rule 16.02 and 16.03.

Always keep proof of service. Complete an Affidavit of Service (Form 16B) for each party served.

Step 6 — File with the Court

After serving all parties, file the motion record with the court office along with:

The original Notice of Motion (Form 37A)
Proof that the hearing date has been confirmed
Filing fees (see Costs section below)

Filing must be done before the hearing date. The court office will stamp your copy with a court seal.

Step 7 — File the Confirmation of Motion (Form 37B)

This step is often missed by self-represented litigants and it can result in your motion being struck from the list.

Under Rule 37.10.1, the moving party must file a Confirmation of Motion (Form 37B) no later than 2:00 p.m. two business days before the hearing date. The confirmation tells the court:

Whether the motion is proceeding
The estimated hearing time
Whether the parties have filed all required materials

Both the moving party and the responding party must file their own confirmations. If neither party files a confirmation, the motion will typically be removed from the list.

Step 8 — Attend the Hearing

Arrive early. Dress professionally. When your matter is called, stand when addressing the judge or master. Begin with: "Good morning/afternoon, Your Honour [or Master]. My name is [full name]. I am self-represented and I am the [plaintiff/defendant/moving party] in this matter."

Be prepared to:

Outline what order you are seeking and why, briefly
Take the judge or master to the key portions of your affidavit and exhibits
Respond to the other side's arguments
Provide a clear costs submission (see below)

Judges and masters appreciate brevity and organization. Have a clear, tabbed copy of your motion record at the podium. Know your record — do not flip through it searching for documents while the court waits.

What Are the Deadlines for Motions in Ontario?

Deadlines vary by motion type, but the core Rule 37 timelines are:

| Step | Deadline | |------|---------| | Serve motion record and factum | At least 4 days before hearing (Rule 37.10(2)) | | Serve responding record and factum | At least 2 days before hearing | | File Confirmation of Motion (Form 37B) | 2:00 p.m., 2 business days before hearing (Rule 37.10.1) | | Summary judgment motion record | At least 7 days before hearing (Rule 20.04) |

Practice direction overrides: Each region of the Superior Court may have its own practice directions that impose stricter deadlines than the base rules. Always check the current practice direction for your courthouse. The Toronto region, for example, has detailed requirements for the Commercial List and the Estates List that differ from the general civil procedure rules.

What Evidence Can You Use on a Motion?

Under Rule 39.01, evidence on a motion is given primarily by affidavit. An affidavit is a written statement of facts sworn or affirmed before a commissioner of oaths, notary public, or lawyer.

Key rules about affidavit evidence:

Personal knowledge: The affidavit must be based on facts within the deponent's (the person swearing it) personal knowledge, except where the rules permit information and belief (Rule 39.01(4)). Statements on information and belief must identify the source.
Hearsay is generally not allowed unless it falls within an exception or is given on information and belief with proper attribution.
Exhibits: Documents you rely on are attached to the affidavit as exhibits and referred to in the body of the affidavit. Each exhibit gets a letter (Exhibit "A", Exhibit "B", etc.).
Cross-examination on affidavits: Under Rule 39.02, a party may cross-examine a deponent on their affidavit before the hearing. This is a significant tool; if the other party wants to challenge what you said in your affidavit, they can examine you under oath before the motion date.

What Is a Factum and Do You Need One?

A factum is a written legal argument filed with the court before a motion hearing. It is different from an affidavit: an affidavit gives evidence (facts), while a factum makes legal argument (why the law and facts support the order you are seeking).

A factum typically contains:

Part I — Overview: A short summary of the issue and the relief sought
Part II — Facts: A concise narrative of the relevant facts, with cross-references to the affidavit
Part III — Law: The legal tests and rules that apply, citing statutes and cases
Part IV — Order Requested: The exact order you want the court to make

When is a factum required?

Summary judgment motions under Rule 20: mandatory
Motions on the record (appeals from masters to judges): mandatory
Long motions (generally over 30 minutes): expected in practice, even if not mandatory
Short procedural motions (under 30 minutes): optional but often filed

Word limits and page limits for facta may be set by local practice direction. In Toronto, facta on most motions are typically limited to 30 pages, exclusive of appendices.

How Much Does It Cost to File a Motion in Ontario Superior Court?

Court filing fees are set under Ontario Regulation 293/92 (Administration of Justice Act). As of early 2026, the fee to file a notice of motion in Superior Court is $280 for the first motion in a proceeding, and $170 for subsequent motions in the same proceeding.

Fee waivers are available for parties who cannot afford court fees. Applications for a fee waiver are made using Form 74.2 (Affidavit for Requesting Exemption from Fees) and submitted to the local registrar before filing.

Costs at the hearing: Separate from filing fees, the court may order one party to pay the other's costs after the motion is decided. In Ontario, costs are generally awarded to the successful party. For motions, costs are often fixed on a summary basis at the end of the hearing. The amount varies widely — from a few hundred dollars on a short procedural motion to several thousand dollars on a contested long motion.

Self-represented litigants can be awarded costs, but the amount is typically lower than it would be for a represented party, as it is calculated partly on the basis of time spent and rate of a reasonable lawyer.

What Are the Most Common Mistakes Self-Represented Litigants Make on Motions?

1. Missing the Form 37B confirmation deadline. The two-business-day confirmation requirement catches many self-reps off guard. If you miss the 2:00 p.m. deadline on the second business day before your hearing, your motion is typically removed from the list. You will need to reschedule and potentially pay a fresh filing fee.

2. Serving the wrong party or using the wrong method of service. If the other party has a lawyer, you must serve the lawyer, not the other party personally (Rule 16.04). Using the wrong method of service (e.g., posting on a door when the rules require personal service) can result in the court refusing to hear your motion.

3. Filing an affidavit that contains argument rather than facts. An affidavit must contain facts, not legal argument or editorializing. Phrases like "the defendant's conduct was outrageous and showed deliberate disregard" are argument, not fact. Judges and masters will discount or strike portions of affidavits that read as submissions.

4. Seeking relief that is too broad or too vague. "An order that the defendant comply with the rules" is not a proper motion. You need to specify exactly what document, action, or omission you are complaining about and exactly what order you want made.

5. Failing to bring a properly assembled motion record. A loose stack of papers is not a motion record. The record must be bound, tabbed, and include a table of contents. Courts in Toronto and other large centres will reject non-compliant records at the filing counter.

6. Not knowing the applicable legal test. Every type of motion has a specific legal test the court applies. The test for an interlocutory injunction (from RJR-MacDonald Inc. v. Canada, [1994] 1 SCR 311) is: (1) is there a serious question to be tried? (2) would the applicant suffer irreparable harm without the order? (3) does the balance of convenience favour granting the order? If you cannot articulate the legal test and how your evidence meets it, you are unlikely to succeed.

7. Confusing an affidavit with an exhibit. An exhibit is a document attached to an affidavit. If you want to put a contract, email thread, or bank statement before the court, you must attach it to an affidavit as an exhibit and identify it in the body of the affidavit. You cannot just bring documents to the hearing and hand them to the judge.

Glossary: Key Terms for Ontario Motions

Motion: A procedural application to the court for an order, made before or during litigation (Rule 37).

Notice of Motion (Form 37A): The prescribed form that formally commences a motion, sets out the relief sought, and gives the other party notice of the hearing date.

Motion Record: A bound, tabbed document filed with the court containing all evidence and materials for the motion (Rule 37.10).

Affidavit: A written sworn statement of facts used as evidence on a motion (Rule 39.01). Must be sworn or affirmed before a commissioner of oaths.

Factum: A written legal argument document filed in support of or in opposition to a motion. Separate from the motion record.

Interlocutory Order: A court order made during the proceeding, before final judgment. Most motion orders are interlocutory.

Ex Parte Motion: A motion heard without notice to the other party, permitted only in urgent circumstances (Rule 37.07).

Confirmation of Motion (Form 37B): A form filed with the court no later than 2:00 p.m., two business days before the hearing, confirming whether the motion is proceeding and the estimated time.

Master (Associate Judge): A judicial officer of the Superior Court who hears procedural and interlocutory motions. Certain motions must be heard by a judge rather than a master.

Moving Party: The party who brings the motion and files the Notice of Motion.

Responding Party: The party against whom the motion is brought.

How ProSe Can Help

Preparing a Notice of Motion, assembling a compliant motion record, and drafting an affidavit that meets Rule 39 requirements are among the most technically demanding tasks for a self-represented litigant in Ontario Superior Court.

ProSe generates court-ready Ontario court documents through a plain-language questionnaire — no legal jargon, no blank forms to decipher. If you need a Notice of Motion (Form 37A) or an affidavit in support of a motion, ProSe can help you prepare a properly formatted document ready for filing.

Start for free at beprose.ca — your first three documents cost nothing.

Key Resources

Ontario Rules of Civil Procedure (R.R.O. 1990, Reg. 194) — e-Laws Ontario (ontario.ca/laws)
Superior Court of Justice — Forms — ontariocourts.ca/scj/forms
Steps to Justice — Making a Motion — stepstojustice.ca
Superior Court Civil Practice Directions — ontariocourts.ca/scj/practice/practice-directions

Last reviewed: March 2026. Rules of Civil Procedure references are to the consolidated regulation as of March 2026. Court fees are subject to change; verify current fees with the court office before filing.

This article is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed lawyer or paralegal.