Does a party who brings the motion as well as the witnesses upon whom the moving/applying party relies have an obligation to present and present witnesses to the motion?

Ontario, Canada


The following excerpt is from McNeil v. Kaloustian, 2022 ONSC 118 (CanLII):

This obligation applies to the party who brings the motion as well as the witnesses upon whom the moving/applying party relies: Moses v. Metro Hardware and Maintenance Inc., 2020 ONSC 6684, at para. 25.

At para. 26 of Moses v. Metro Hardware, Myers J. added that a motion without notice is different than an ordinarily contested one. The one-sided format of the motion raises the moving party’s obligation of candour and requires that party to reduce the zeal with which the case is presented. As Myers J. wrote: 26 The party who moves without notice must be fair. The regular zeal that is perfectly appropriate in face of an equally zealous adversary does not apply when a party chooses to go before a judicial officer without anyone else present to keep his or her zealousness in check. [Emphasis in original.]

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