Hearing in Absence of Public
 37.11 (1) A motion may be heard in the absence of the public where, (a) the motion is to be heard and determined without oral argument; (b) because of urgency, it is impractical to have the motion heard in public; (c) the motion is to be heard by telephone conference or video conference; (d) the motion is made in the course of a pre-trial conference or case conference; or (e) the motion is before a single judge of an appellate court.  R.R.O. 1990, Reg. 194, r. 37.11 (1); O. Reg. 465/93, s. 4 (1); O. Reg. 24/00, s. 7; O. Reg. 170/14, s. 9. (2) The hearing of all other motions shall be open to the public, except as provided in section 135 of the Courts of Justice Act, in which case the presiding judge, associate judge or officer shall endorse, (a) on the notice of motion leave for a hearing in the absence of the public; or (b) on a separate document in accordance with subrule 59.02 (2), with necessary modifications. O. Reg. 689/20, s. 24; O. Reg. 383/21, s. 15. 37.12 Revoked:  O. Reg. 288/99, s. 15. Hearing without Oral Argument Consent motions, unopposed motions and motions without notice 37.12.1 (1) Where a motion is on consent, unopposed or without notice under subrule 37.07 (2), the motion may be heard in writing without the attendance of the parties, unless the court orders otherwise.  O. Reg. 465/93, s. 4 (2). (2) Where the motion is on consent, the consent and a draft order shall be filed with the notice of motion.  O. Reg. 766/93, s. 1 (1). (2.1) In the case of a motion on consent in the Court of Appeal, an affidavit or other document setting out the reasons why it is appropriate to make the order sought on the motion shall also be filed with the notice of motion. O. Reg. 82/17, s. 3. (3) Where the motion is unopposed, a notice from the responding party stating that the party does not oppose the motion and a draft order shall be filed with the notice of motion.  O. Reg. 766/93, s. 1 (1). Opposed Motions in Writing (4) The moving party may propose in the notice of motion that the motion be heard in writing without the attendance of the parties, in which case, (a) the motion shall be made on at least fourteen days notice; (b) the moving party shall serve with the notice of motion and immediately file, with proof of service in the court office where the motion is to be heard, a motion record, a draft order and a factum entitled factum for a motion in writing, setting out the moving party’s argument; (c) the motion may be heard in writing without the attendance of the parties, unless the court orders otherwise.  O. Reg. 465/93, s. 4 (2); O. Reg. 766/93, s. 1 (2); O. Reg. 689/20, s. 25. (5) Within ten days after being served with the moving party’s material, the responding party shall serve and file, with proof of service, in the court office where the motion is to be heard, (a) a consent to the motion; (b) a notice that the responding party does not oppose the motion; (c) a motion record, a notice that the responding party agrees to have the motion heard and determined in writing under this rule and a factum entitled factum for a motion in writing, setting out the party’s argument; or (d) a notice that the responding party intends to make oral argument, along with any material intended to be relied upon by the party.  O. Reg. 465/93, s. 4 (2). (6) Where the responding party delivers a notice under subrule (5) that the party intends to make oral argument, the moving party may either attend the hearing and make oral argument or not attend and rely on the party’s motion record and factum.  O. Reg. 465/93, s. 4 (2).