Disposition of Motion
 37.13 (1) On the hearing of a motion, the presiding judge or officer may grant the relief sought or dismiss or adjourn the motion, in whole or in part and with or without terms, and may, (a) where the proceeding is an action, order that it be placed forthwith, or within a specified time, on a list of cases requiring speedy trial; or (b) where the proceeding is an application, order that it be heard at such time and place as are just.  R.R.O. 1990, Reg. 194, r. 37.13 (1). (2) A judge who hears a motion may, (a) in proper case, order that the motion be converted into a motion for judgment; or (b) order the trial of an issue, with such directions as are just, and adjourn the motion to be disposed of by the trial judge.  R.R.O. 1990, Reg. 194, r. 37.13 (2). (3) Where on a motion a judge directs the trial of an issue, subrules 38.10 (2) and (3) (issue treated as action) apply with necessary modifications.  R.R.O. 1990, Reg. 194, r. 37.13 (3). Exception, motions in estate matters (4) Clause (2) (b) and subrule (3) do not apply to a motion under Rule 74, 74.1 or 75.  O. Reg. 484/94, s. 7; O. Reg. 111/21, s. 4. Setting Aside, Varying or Amending Orders Motion to Set Aside or Vary 37.14 (1) A party or other person who, (a) is affected by an order obtained on motion without notice; (b) fails to appear on a motion through accident, mistake or insufficient notice; or (c) is affected by an order of a registrar, may move to set aside or vary the order, by a notice of motion that is served forthwith after the order comes to the person’s attention and names the first available hearing date that is at least three days after service of the notice of motion.  R.R.O. 1990, Reg. 194, r. 37.14 (1); O. Reg. 132/04, s. 9. (2) On a motion under subrule (1), the court may set aside or vary the order on such terms as are just.  R.R.O. 1990, Reg. 194, r. 37.14 (2). Order Made by Registrar (3) A motion under subrule (1) or any other rule to set aside, vary or amend an order of a registrar may be made to a judge or associate judge, at a place determined in accordance with rule 37.03 (where motions to be brought).  R.R.O. 1990, Reg. 194, r. 37.14 (3); O. Reg. 689/20, s. 26; O. Reg. 711/20, s. 7; O. Reg. 383/21, s. 15 Order Made by Judge (4) A motion under subrule (1) or any other rule to set aside, vary or amend an order of a judge may be made, (a) to the judge who made it, at any place; or (b) to any other judge, at a place determined in accordance with rule 37.03 (where motions to be brought).  R.R.O. 1990, Reg. 194, r. 37.14 (4); O. Reg. 689/20, s. 26. Order Made by Associate Judge (5) A motion under subrule (1) or any other rule to set aside, vary or amend an order of an associate judge may be made, (a) to the associate judge who made it, at any place; or (b) to any other associate judge or to a judge, at a place determined in accordance with rule 37.03 (where motions to be brought).  R.R.O. 1990, Reg. 194, r. 37.14 (5); O. Reg. 689/20, s. 26; O. Reg. 711/20, s. 7; O. Reg. 383/21, s. 15. Order Made in Court of Appeal or Divisional Court (6) A motion under subrule (1) or any other rule to set aside, vary or amend an order made by a judge or panel of the Court of Appeal or Divisional Court may be made, (a) where the order was made by a judge, to the judge who made it or any other judge of the court; or (b) where the order was made by a panel of the court, to the panel that made it or any other panel of the court.  R.R.O. 1990, Reg. 194, r. 37.14 (6); O. Reg. 82/17, s. 4, 17.