A motion must be commenced by a notice of motion.
A motion may be brought:
with the consent of a hearing panel, prior to, or
at any time after,
the commencement of a proceeding.
A party who brings a motion must serve and file a motion record at least 14 days prior to the date of the motion, unless the motion is brought during a hearing, in which case the hearing panel may determine the procedure to be followed for the motion.
A hearing panel may permit a party to bring a motion without notice to the respondent, if the nature of the motion or the circumstances make service of a notice of motion impractical.
A notice of motion must contain:
the date, time and location of the hearing of the motion,
the relief sought,
a summary of the grounds for the relief sought, including reference to any IIROC requirements or applicable laws,
a list of evidence and other materials to be relied on, and
- whether it is proposed that the motion be heard as an oral hearing, electronic hearing or written hearing.
- A motion record must contain:
- the notice of motion, and
- copies of the evidence, including affidavits and other materials relied on.
- A responding party may serve and file a responding record at least nine days prior to the date of the motion, unless the motion is brought during a hearing and the hearing panel orders otherwise.
- A responding record must contain:
- the order requested by the responding party, including a statement of the reasons for the order requested, and
- copies of any additional evidence, including affidavits and other materials relied on.
- A party who is served with a responding record that contains affidavit evidence may serve and file a reply record containing additional affidavit evidence at least seven days before the date of the motion.
- A party who files an affidavit in connection with a motion must make the person who swears to an affidavit reasonably available to be cross-examined by an adverse party prior to the hearing of the motion.
- A party who brings a motion may serve and file a memorandum of fact and law at least five days before the date of the motion.
- A responding party may serve and file a memorandum of fact and law at least two days before the date of the motion.
- A motion must be heard by a hearing panel.
- A hearing panel may, on any terms and conditions it considers appropriate, permit oral testimony to be adduced at the hearing of a motion on any matter in issue and allow cross-examination of the person who swears to an affidavit.
- A hearing panel may:
- grant the relief requested in a motion,
- dismiss or adjourn the motion in whole or in part, with or without terms, or
- make another decision it considers appropriate, including adjourning the motion to be heard by the hearing panel that hears the proceeding on its merits.