Subject Matter Index

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Effect of a motion that has been struck out

Effect of failure of a court to hear a motion

Effect of the applicant's failure to move a motion

Options open to a party whose motion is struck out

The principle that a motion must be supported by an affidavit

The propriety of filing a notice of cross-motion

The rule that a court has a duty to rule one way or the other on the motion that has been argued before it

The rule that parties have the right to file and argue motions

The rule that the court must hear every motion before it

The rule that there should at least be two clear days between the service of the notice of motion and the day named in the notice for the hearing of the motion

Whether a court can decide an issue pending before it while deciding a motion

Whether a court can go outside a motion filed

Whether a court can hear a motion with a supplementary affidavit which has not been served on the other party

Whether a Judge can refuse to hear a motion because he thinks it is an abuse of court process

Whether a motion brought before where a judgment has been prepared must be considered before the judgment is delivered

Whether a motion can be made without notice to the parties

Whether a motion can be used to commence an action

Whether a motion is a suit or an action

Whether an affidavit used in a motion can be used for the purpose of establishing a fact at the hearing of the cause

Whether a party can object to the hearing of a motion by filing another motion

Whether failure to state the rule of court under which an application is brought is fatal to the motion

Whether or not failure to cite the proper Rules of Court in the title of the motion paper is fatal

Whether the contents of the affidavit will be examined where a preliminary objection is raised on the ground that neither the motion paper nor the supporting affidavit disclose the basis of the “legal point” raised.

Whether the court can grant a prayer not contained in a motion paper

Whether the court is presumed to be aware of the existence of a motion filed in the court registry

Whether the court will grant a motion not reacted to be the other party

Whether the facts in support of a motion can be deposed to in the statement accompanying the motion

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