What actually happens at a civil motion in Ontario?
Introduction
Civil litigation in Ontario rarely moves straight from pleadings to trial. In practice, much of the real work happens through motions—procedural hearings where the court is asked to decide a discrete issue in the case.
For law students, motions often appear first as rules in a procedural code or as hypothetical problems on an exam. In practice, however, motions are one of the most common mechanisms through which civil disputes are managed and sometimes resolved.
This post briefly outlines what a civil motion typically looks like in Ontario litigation.
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What a Motion Is
A motion is a request that the court make an order during the course of a proceeding. In Ontario, motions are primarily governed by Rule 37 of the Rules of Civil Procedure.
Motions can address a wide range of issues, including:
compelling production of documents
amending pleadings
striking portions of a claim or defence
scheduling or case management directions
summary judgment
In many cases, multiple motions are brought before a matter ever approaches trial.
Rules of Civil Procedure, RRO 1990, Reg 194, r 37.
The Written Record
Although the hearing itself may be brief, motions are largely decided on the written record.
Before the hearing, the moving party files a motion record, which typically includes:
the notice of motion
supporting affidavits
documentary exhibits
relevant pleadings
More complex motions may also include factums, which set out the legal argument and authorities relied upon.
By the time counsel appear before the court, the judge will often have already reviewed much of this material.
“Undue process and protracted trials, with unnecessary expense and delay, can prevent the fair and just resolution of disputes.”
— Hryniak v Mauldin, 2014 SCC 7 at para 1.
The Hearing
Unlike a trial, a motion hearing rarely involves live witnesses or the presentation of evidence in the courtroom.
Instead, counsel present oral submissions based on the written record. The moving party addresses the court first, followed by responding counsel.
In practice, a significant portion of the hearing may consist of questions from the judge, who may probe both the evidentiary record and the legal framework governing the motion.
Many procedural motions are relatively short. More substantive motions—such as those seeking summary judgment—may take considerably longer.
“A fair and just process must permit a judge to find the necessary facts and apply the relevant legal principles… The process is proportionate, timely and affordable.”
— Hryniak v Mauldin, 2014 SCC 7 at para 28.
The Court’s Decision
At the conclusion of the hearing, the judge may either deliver an oral ruling immediately or reserve judgment and release written reasons at a later date.
The result of the motion is an order that becomes part of the procedural history of the case.
In some instances, the order resolves a relatively narrow procedural issue. In others—particularly in summary judgment motions—the motion may effectively determine the outcome of the litigation.
Conclusion
For those encountering civil procedure primarily in the classroom, motions can feel like an abstract set of rules. In practice, however, motions are a central part of how civil litigation unfolds.
Understanding how motions function in the courtroom offers a clearer view of how procedural law operates in practice—and how many disputes are shaped or resolved long before trial.