Motions

Deciding Pre-Hearing Issues

You may want to consider whether there are any issues that need to be addressed by the Tribunal before the hearing starts. These issues are typically raised through a motion. 

A motion is a formal request asking the Tribunal to make a ruling or decision on a matter that could impact the hearing. Some of the most common motions decided by the Tribunal are: requests for a publication ban broader than the automatic ban on patient names and personal health information; requests for documents from non-parties (third party records); requests to stop the hearing permanently (a stay); or requests to adjourn (postpone) the hearing to another day or until another hearing or event concludes. You should identify any motions you want to bring before the hearing starts and include them in your CMC memo.

A motion starts with a notice of motion, using Tribunal Form 11, unless the nature of the motion or the circumstances make this step unnecessary. The case management chair may also direct another way of starting the motion. If you decide to bring a motion, you are the moving party.

Deadlines for delivering and filing motion materials are set during a case management conference (CMC). The CMC Chair may direct that a motion be dealt with at a CMC before the hearing, or as part of the hearing itself. The Tribunal Chair decides whether the same panel or a different panel will hear the motion and the main hearing.

Motions are typically heard in writing or by videoconference. The hearing format depends on the nature of the issue. For example, a motion for an adjournment is typically dealt with in writing, while a motion to obtain records from a non-party may be heard by videoconference. The Tribunal determines the format that best ensures a fair and efficient proceeding (see  College of Physicians and Surgeons of Ontario v. Khulbe , 2024 ONPSDT 25).

 

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