Notice of Motion and Supporting Affidavit (Form 15A) – Rules of the Small Claims Court – Ontario Court Services

The “Notice of Motion and Supporting Affidavit (Form 15A)” is a legal document used in the Ontario Superior Court of Justice, specifically within the Small Claims Court. This form serves as a formal request to the court to issue an order regarding a specific case, often involving procedural matters such as extending time to file documents, setting aside default judgments, or requesting permission to file additional claims. This form ensures that all necessary information is clearly communicated to the court and involved parties, facilitating the smooth processing of motions within the Small Claims Court. It is essential for ensuring procedural fairness and enabling parties to request specific judicial actions in their cases.

Filling out this form requires careful attention to detail to ensure that the form is completed correctly. Below are step-by-step instructions to guide you through the process:

Part 1: Court and Claim Information

Court Information

1. • Enter the name of the court where the motion is being filed.
   • Include the Claim Number associated with your case.

Part 2: Party Information

Plaintiff Information

1. • Check the box if there are additional plaintiffs listed on an attached Form 1A.
   • Enter the last name or company name, first name, and any other known names of the first plaintiff.
   • Provide the complete address, city/town, province, postal code, and phone number of the plaintiff.
   • If represented, enter the representative’s details, including Law Society of Ontario number and contact information.

Defendant Information

1. • Check the box if there are additional defendants listed on an attached Form 1A.
   • Enter the last name or company name, first name, and any other known names of the first defendant.
   • Provide the complete address, city/town, province, postal code, and phone number of the defendant.
   • If represented, enter the representative’s details, including the Law Society of Ontario number and contact information.

Part 3: Motion Details

Hearing Information

1. • Contact the court clerk to schedule a hearing date and time. Enter these details in the appropriate fields.
   • Select the mode of hearing: videoconference, teleconference, or in person. Provide the necessary details based on the chosen mode.

Order Requested

1. • Check the box next to the specific order you are requesting from the court (e.g., permission to extend time, set aside default judgment, etc.).
   • If requesting an order not listed, check the “other” box and specify the request.
   • Indicate if additional pages or documents are attached.

Part 4: Affidavit in Support of Motion

Affidavit Information

1. • Enter your full name and the municipality and province where you live.
   • In numbered paragraphs, detail the facts supporting your motion. If a fact was learned from someone else, name the person and state your belief in its truth.
   • If more space is required, attach and initial extra pages.

Swearing/Affirming the Affidavit

1. • Select whether the affidavit is being sworn/affirmed in person or by video conference.
   • If in person, complete the location details and provide the signature of the commissioner and deponent.
   • If by video conference, complete the location details for both the deponent and commissioner, and provide the signatures as required by O. Reg. 431/20.

Part 5: Filing and Serving the Motion

Serving the Motion

1. • Serve the completed form to all other parties at least 7 days before the hearing date. Follow the rules for serving documents as outlined in the “Guide to Procedure in the Small Claims Court – Serving Documents.”

Filing the Motion

1. • File the Notice of Motion and Supporting Affidavit form at the court at least 3 days before the hearing date. Pay the required filing fee.
   • File proof of service (either an Affidavit of Service (Form 8A) or a Lawyer or Paralegal’s Certificate of Service (Form 8B)) to confirm that other parties were served.

Additional Information

1. • For more details, consult the “Guide to Procedure in the Small Claims Court – Motions and Clerk’s Orders” available online or at the court office.

Tips

• Double-check all entered information for accuracy and completeness.
• Ensure all attachments are securely affixed and initialed if needed.
• Keep copies of all submitted documents for your records.

Following these steps carefully will help you complete the “Notice of Motion and Supporting Affidavit (Form 15A)” correctly and facilitate the processing of your motion in Small Claims Court.