subject: Why Motions Are Used In The Ontario Small Claims Court? [print this page] There are many reasons that motions are used in the Ontario Small Claims Court. Making a motion is essentially making a request to the court for a date to go before a judge to make a request in connection with an Ontario Small Claims Court action.
In Ontario if one party sues another party and the party that is sued fails to file a Defence within the allowed period; the Plaintiff can apply for a default judgment with no further notice to the other party. What happens if the defendant in fact did not receive the court documents from the Plaintiff? The Defendant could then make a motion asking the court to set aside the judgment for improper service. If granted, the judge can set aside the judgment and allow the Defendant an opportunity to file a Defence.
In January of this year the Ontario Small Claims Court rules changed so that now you must serve a Defendant personally or by a means that is certifiable (you can no longer serve a Plaintiffs Claim in Ontario by regular mail). What happens if the person you are trying to serve is never home? The Plaintiff could make a motion to ask the Judge for a Substituted means of service such as delivering the Plaintiffs Claim to a relative within the Plaintiffs address or by posting the document on the Plaintiffs door.
These examples highlight some of the ways that the Ontario Small Claims Court has made it flexible and accessible for Plaintiffs and Defendants to be able to access justice and negotiate issues as it relates to their Ontario small claims court claim or defence.
For more information about motions visit http://www.easycourt.ca.
by: Courtney Jewell McElroy
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