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Welcome everyone this is Amer Must from You Counsel. Today, we’ll talk about an Ex Parte Motion in Ontario Civil Courts. If you have reviewed our previous lecture on motions, we talked about the basic concept of a motion in a civil court and what are some types of the motion and one of those types is an Ex Parte Motion. So, today we’ll talk about an Ex Parte Motion, we’ll explain what that motion is, what are some circumstances when you bring that motion, and then we’ll talk about the process of how you go about bringing an Ex Parte Motion in a civil court. We’ll begin as usual with the disclaimer that this course is not legal advice so if you have any specific questions you must contact a lawyer. What is an Ex Parte Motion? We’ll give you some examples, we’ll talk about the process, we’ll talk about whom do you bring an Ex Parte Motion before, what are some methods of hearing, what documents do you provide, and what are the relevant rules with respect to an Ex Parte Motion. So what is an Ex Parte Motion? An Ex Parte Motion is a motion for the benefit of one side without other being present, ex parte. So, there’s only one party that is present before the court and seeking something and the other side is not there the other side has no knowledge that there is a motion the other side has no notice … that’s an Ex Parte Motion. For an Ex Parte Motion, you must understand the basic judicial principle of judicial fairness, which is that each side, each party must have an opportunity to present its case to present its argument to the court. That’s fundamental that’s called due process, that’s called, the fundamental fairness, procedural fairness, whatever terms you may want to use. But the basic, you know, rule of judicial fairness is that each side must have an opportunity to present its side of the story before the court, a judge, or a master can make its decision. But an Ex Parte you are not, both parties are not present. So what you want to keep in mind is that you must have sufficient circumstances that justify, sufficient evidence, that justify why the other side need not be present, why the other side should not present its case. And those are some, you know, there are some specific limited circumstances; I will give you some examples here. Default Judgment is one, Default Judgment, as you may know, is a situation where you commenced a court action the defendant or the defendants did not participate in that court action, they failed, or they refused to file their defense, which indicated that they are not dealing with the court process and that gives you the opportunity to note the defendant in default. That means that, you know, that’s a motion that you bring basically having the court to state that the defendant will no longer be taking any steps in this and that court action, so they’re not entitled to any notices, any orders, or anything because they have failed or refused to participate in the process. So, after you have noted a defendant...
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