Abandoned Motions
 37.09 (1) A party who makes a motion may abandon it by delivering a notice of abandonment.  R.R.O. 1990, Reg. 194, r. 37.09 (1). (2) A party who serves a notice of motion and does not file it or appear at the hearing shall be deemed to have abandoned the motion unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 37.09 (2). (3) Where a motion is abandoned or is deemed to have been abandoned, a responding party on whom the notice of motion was served is entitled to the costs of the motion forthwith, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 37.09 (3). Material for Use on Motions Where Motion Record Required 37.10 (1) Where a motion is made on notice, the moving party shall, unless the court orders otherwise before or at the hearing of the motion, serve a motion record on every other party to the motion and file it, with proof of service, in the court office where the motion is to be heard, at least seven days before the hearing, and the court file shall not be placed before the judge or associate judge hearing the motion unless he or she requests it or a party requisitions it.  R.R.O. 1990, Reg. 194, r. 37.10 (1); O. Reg. 171/98, s. 14 (1); O. Reg. 438/08, s. 35 (1); O. Reg. 711/20, s. 7; O. Reg. 383/21, s. 15. Contents of Motion Record (2) The motion record shall contain, in consecutively numbered pages arranged in the following order, (a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter; (b) a copy of the notice of motion; (c) a copy of all affidavits and other material served by any party for use on the motion; (d) a list of all relevant transcripts of evidence in chronological order, but not necessarily the transcripts themselves; and (e) a copy of any other material in the court file that is necessary for the hearing of the motion.  R.R.O. 1990, Reg. 194, r. 37.10 (2). Responding Party’s Motion Record (3) Where a motion record is served a responding party who is of the opinion that it is incomplete may serve on every other party, and file, with proof of service, in the court office where the motion is to be heard, at least four days before the hearing, a responding party’s motion record containing, in consecutively numbered pages arranged in the following order, (a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter; and (b) a copy of any material to be used by the responding party on the motion and not included in the motion record.  R.R.O. 1990, Reg. 194, r. 37.10 (3); O. Reg. 171/98, s. 14 (2); O. Reg. 438/08, s. 35 (2). Material may be Filed as Part of Record (4) A notice of motion and any other material served by a party for use on a motion may be filed, together with proof of service, as part of the party’s motion record and need not be filed separately.  R.R.O. 1990, Reg. 194, r. 37.10 (4). Transcript of Evidence (5) A party who intends to refer to a transcript of evidence at the hearing of a motion shall file a copy of the transcript as provided by rule 34.18.  R.R.O. 1990, Reg. 194, r. 37.10 (5). Factum (6) A party may serve on every other party a factum consisting of a concise argument stating the facts and law relied on by the party.  O. Reg. 14/04, s. 18. (7) The moving party’s factum, if any, shall be served and filed with proof of service in the court office where the motion is to be heard at least seven days before the hearing.  O. Reg. 394/09, s. 15 (1). (8) The responding party’s factum, if any, shall be served and filed with proof of service in the court office where the motion is to be heard at least four days before the hearing.  O. Reg. 394/09, s. 15 (2). (9) Revoked:  O. Reg. 394/09, s. 15 (3). Refusals and Undertakings Chart (10) On a motion to compel answers or to have undertakings given on an examination or cross-examination satisfied, (a) the moving party shall serve on every other party to the motion and file with proof of service, in the court office where the motion is to be heard, at least seven days before the hearing, a refusals and undertakings chart (Form 37C) that sets out, (i) the issue that is the subject of the refusal or undertaking and its connection to the pleadings or affidavit, (ii) the question number and a reference to the page of the transcript where the question appears, and (iii) the exact words of the question; and (b) the responding party shall serve on the moving party and every other party to the motion and file with proof of service, in the court office where the motion is to be heard, at least four days before the hearing, a copy of the undertakings and refusals chart that was served by the moving party completed so as to show, (i) the answer provided, or (ii) the basis for the refusal to answer the question or satisfy the undertaking.  O. Reg. 132/04, s. 8; O. Reg. 438/08, s. 35 (5, 6).