Form 15A "Notice of Motion and Supporting Affidavit" - Ontario, Canada

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Instructions for Making a Motion in Small Claims Court
A motion is a request to a judge to make an order about a case. For example, a defendant could ask the
court for more time to send in a defence or a defendant’s claim. Or either party could ask for more time to
serve documents.
Motions can help the parties in a case. They can also make the case take longer and cost more money. If
the judge grants your motion, you can ask the judge to make the other party pay some of your costs. These
costs can include court filing fees, lawyer or agent fees, and expenses for witnesses, photocopying, faxing
and delivery of documents.
Step 1: EXPLAIN what you are asking the judge to do and why. This is done by filling out a Notice of
Motion and Supporting Affidavit form. Contact the clerk of the court to choose a time and date when the
court could hear the motion. The clerk of the court will provide a hearing date and time. Put the date and time
on the form.
Step 2: SERVE. The form must then be served on the other parties at least 7 days before the hearing date.
There are rules about how this must be done. See the Small Claims Court "Guide to Serving Documents"
at the court office or online at www.attorneygeneral.jus.gov.on.ca. Copies of documents attached to the form
must also be served.
Step 3: FILE the Notice of Motion and Supporting Affidavit form at the court at least 3 days before the
hearing date. There is a filing fee. Also file an Affidavit of Service (Form 8A) proving that the other parties
were served.
Motion in Writing for an Assessment of Damages
If all defendants have been noted in default after failing to file a defence, you can bring a motion in writing
for an assessment of damages. You do not have to attend the motion. The judge will make a decision based
on the documents that you filed. If the judge thinks the documents you filed are inadequate, the court may
order you to provide a further affidavit or to attend an assessment hearing. You can also request an
assessment hearing.
For more information, see the "Guide to Motions and Clerk’s Orders" at the court office or online at
www.attorneygeneral.jus.gov.on.ca.
DO NOT FILE THIS PAGE
RSCC-15A-E (2015/11)
Instructions for Making a Motion in Small Claims Court
A motion is a request to a judge to make an order about a case. For example, a defendant could ask the
court for more time to send in a defence or a defendant’s claim. Or either party could ask for more time to
serve documents.
Motions can help the parties in a case. They can also make the case take longer and cost more money. If
the judge grants your motion, you can ask the judge to make the other party pay some of your costs. These
costs can include court filing fees, lawyer or agent fees, and expenses for witnesses, photocopying, faxing
and delivery of documents.
Step 1: EXPLAIN what you are asking the judge to do and why. This is done by filling out a Notice of
Motion and Supporting Affidavit form. Contact the clerk of the court to choose a time and date when the
court could hear the motion. The clerk of the court will provide a hearing date and time. Put the date and time
on the form.
Step 2: SERVE. The form must then be served on the other parties at least 7 days before the hearing date.
There are rules about how this must be done. See the Small Claims Court "Guide to Serving Documents"
at the court office or online at www.attorneygeneral.jus.gov.on.ca. Copies of documents attached to the form
must also be served.
Step 3: FILE the Notice of Motion and Supporting Affidavit form at the court at least 3 days before the
hearing date. There is a filing fee. Also file an Affidavit of Service (Form 8A) proving that the other parties
were served.
Motion in Writing for an Assessment of Damages
If all defendants have been noted in default after failing to file a defence, you can bring a motion in writing
for an assessment of damages. You do not have to attend the motion. The judge will make a decision based
on the documents that you filed. If the judge thinks the documents you filed are inadequate, the court may
order you to provide a further affidavit or to attend an assessment hearing. You can also request an
assessment hearing.
For more information, see the "Guide to Motions and Clerk’s Orders" at the court office or online at
www.attorneygeneral.jus.gov.on.ca.
DO NOT FILE THIS PAGE
RSCC-15A-E (2015/11)
ONTARIO
Superior Court of Justice
Notice of Motion and Supporting Affidavit
Form 15A Ont. Reg. No.: 258/98
Small Claims Court
Claim No.
Address
Phone Number
Plaintiff No. 1
Additional plaintiff(s) listed on attached Form 1A.
Last name, or name of company
First Name
Second Name
Also Known as
Address (street number, apt., unit)
City/Town
Province
Phone no.
Postal Code
Fax no.
Representative
LSUC #
Address (street number, apt., unit)
City/Town
Province
Phone no.
Postal Code
Fax no.
Defendant No. 1
Additional defendant(s) listed on attached Form 1A.
Last name, or name of company
First Name
Second Name
Also Known as
Address (street number, apt., unit)
City/Town
Province
Phone no.
Postal Code
Fax no.
Representative
LSUC no.
Address (street number, apt., unit)
City/Town
Province
Phone no.
Postal Code
Fax no.
Les formules des tribunaux sont affichées en anglais et en français sur le site
www.ontariocourtforms.on.ca. Visitez ce site pour des renseignements sur des formats
accessibles.
RSCC-15A-E (2015/11)
FORM 15A
PAGE 2
Claim No.
Complete Part A or Part B below, then complete the affidavit in support of motion on page 3.
A. THIS COURT WILL HEAR A MOTION on
, 20
, at
,
(Time)
or as soon as possible after that time, at
(Address of court location and courtroom number)
This motion will be made in person by
,
(Name of party)
for the following order:
the court's permission to extend time to (Specify)
.
set aside default judgment and noting in default.
set aside noting in default.
permission to file a Defence.
permission to file a Defendant's Claim.
set aside order dismissing claim as abandoned.
terminate garnishment and/or withdraw writ(s).
Other:
ADDITIONAL PAGES ARE ATTACHED BECAUSE MORE ROOM WAS NEEDED.
DOCUMENTS ARE ATTACHED.
NOTE:
IF YOU FAIL TO ATTEND AN IN-PERSON MOTION, an order may be made against you, with costs, in your
absence. If you want to attend the motion by telephone or video conference, complete and file a Request for
Telephone or Video Conference (Form 1B). If the court permits it, the clerk will make the necessary arrangements
and notify the parties [R. 1.07(5)].
B. This motion in writing for an assessment of damages is made by
,
(Name of plaintiff)
who asks the court for an order assessing damages against
(Name of defendant(s))
who have/has been noted in default.
RSCC-15A-E (2015/11)
Continued on next page
FORM 15A
PAGE 3
Claim No.
AFFIDAVIT IN SUPPORT OF MOTION
My name is
(Full Name)
I live in
(Municipality and Province)
I swear/affirm that the following is true:
Set out the facts in numbered paragraphs. If you learned a fact from someone else, you must give that person’s name and state that you
believe that fact to be true.
RSCC-15A-E (2015/11)
Continued on next page
FORM 15A
PAGE 4
Claim No.
AFFIDAVIT IN SUPPORT OF MOTION, continued
If more space is required, attach and initial extra pages.
Sworn/Affirmed before me at
(Municipality)
in
(Province, state or country)
Signature
on
, 20
(This form is to be signed in front of a lawyer, justice of
Commissioner for taking affidavits
the peace, notary public or commissioner for taking
affidavits.)
(Type or print name below if signature is
illegible.)
WARNING:
IT IS AN OFFENCE UNDER THE CRIMINAL CODE TO KNOWINGLY SWEAR OR AFFIRM A FALSE AFFIDAVIT.
For information on accessibility of court services for
people with disability-related needs, contact:
Telephone: 416-326-2220 / 1-800-518-7901 TTY: 416-326-4012 / 1-877-425-0575
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RSCC-15A-E (2015/11)
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