Recent Decisions Illustrate The Consequences Of Deficient Or Absent Motion Materials

In litigation, both the substance and the form of court materials matter. The Rules of Civil Procedure govern the conduct of civil claims in Ontario and set out, among other things, the requirements relating to the form, content, and manner in which court materials are prepared and filed. Complemented by the applicable practice directions, these requirements ensure that the evidence and law relied on by parties provide the necessary foundation for the relief sought.

Several recent decisions of the Ontario Superior Court of Justice illustrate that non-compliance with these requirements have consequences, spanning from adjournments to the denial of relief sought.

In Maestra v. Blue Line Distribution Limited et al., 2026 ONSC 4784, the plaintiff commenced a wrongful dismissal action and moved for default judgment after obtaining an order to strike the defendants’ statement of defence. The motion was ultimately adjourned due to several procedural issues.