5.01 Initiating Motions
5.01(1) A motion shall be made by a notice of motion in accordance with Form 5A unless the nature of the motion or the circumstances make a notice of motion impractical.
5.01(2) All procedural or interlocutory issues shall be raised by way of a motion as soon as possible and shall be heard on a day that is at least two weeks before the day upon which the hearing is scheduled to commence unless the nature of the motion requires that it be heard during the hearing itself.
5.01(3) A person bringing a motion shall deliver the notice of motion and materials in support of the motion to the other party and to the committee, care of the Hearings Coordinator at least 15 days before the motion is to be heard.
5.01(4) The other motion participants shall deliver their materials to the moving party and the Hearings Coordinator at least nine days before the motion is to be heard.
5.01(4).1 Where a motion participant intends to rely on a factum, written submissions or book(s) of authorities, those documents must be delivered to the other party and to the committee, care of the Hearings Coordinator, in the case of a moving party, at least seven days in advance, and in the case of a responding party, at least three days in advance, of the date that the motion is to be heard.
5.01(5) Where it appears to the chair that the number and nature of the motions brought in a proceeding are not leading to the most just and expeditious disposition of the matter, the chair may direct that no further motions be brought before the commencement of the hearing unless the prior permission of the chair is obtained in accordance with the procedure in Rule 4.
5.02 Limitations on Bringing a Motion in Advance of the Hearing
5.02(1) Subject to sub-rule (2), only motions which are procedural or temporary may be brought by a person in advance of the hearing. This may include motions for:
(a) the exchange of documents;
(b) the oral or written examination of a party;
(c) the exchange of witness statements and reports of expert witnesses;
(d) the provision of additional details about the allegations;
(e) a party to provide a list disclosing all relevant documents and things in the possession or control of the party;
(f) the ability of a party to view documents;
(g) any other form of disclosure;
(h) adjourning the hearing; and/or
(i) waiving a rule.
5.02(2) A motion with respect to the following matters must be heard at the hearing:
(a) the exclusion of the public from all or part of a hearing;
(b) whether two or more matters directed or referred to the Discipline Committee, whether or not involving the same registrant, should be heard together;
(c) the exclusion of witnesses from the hearing;
(d) constitutional issues;
(e) orders respecting the accommodation of witnesses;
(f) orders relating to the production of documents from third parties; and
(g) any matter that a panel hearing a motion adjourns to the Discipline Panel presiding over the hearing.
5.03 Motions for Adjournment
5.03(1) If the hearing has not commenced and if both parties are not agreeable to an adjournment,
(a) The party seeking the adjournment shall make the request by letter to the chair of the Discipline Committee filed with the Hearings Coordinator and copied to the responding party, setting out the request, the reasons for the request, the nature of the allegations against the registrant, available dates for the hearing to be rescheduled as confirmed with the Hearings Coordinator, and the position of the responding party; and
(b) the chair or committee member designated by the chair may dispose of a request in writing that is on consent or unopposed, or may hear and dispose of a request for adjournment that is opposed after hearing the parties by electronic means, or may direct a hearing of the request by motion before the hearing panel.
5.03(2) If the hearing has commenced,
(a) and the adjournment is on consent or unopposed, the party seeking the adjournment may make the request by letter to the chair of the panel (if the panel is not sitting), filed with the Hearings Coordinator and copied to the responding party, setting out the request, the reasons for the request, the nature of the allegations against the registrant, available dates for the hearing to be scheduled as confirmed with the Hearings Coordinator, and the position of the responding party. The chair or a committee member designated by the chair may dispose of the request in writing or direct a hearing of it by electronic means or otherwise;
(b) and the adjournment is opposed, it shall proceed by way of notice of motion with supporting material pursuant to Rule 5.01 and shall be heard and determined by the hearing panel, unless otherwise agreed.
5.04 Scheduling a Motion
5.04(1) A person bringing a motion to be heard other than at a scheduled pre-hearing conference or at a hearing shall obtain available dates and times for the hearing of the motion from the Hearings Coordinator, and shall attempt to obtain agreement from the other motion participants as to a date and time for the hearing of the motion.
5.04(2) If the person bringing a motion cannot, after reasonable efforts, obtain agreement for a date and time under sub-rule (1), the person shall seek directions from the chair in accordance with Rule 4.
5.05 Evidence on Motions
5.05(1) Evidence on a motion shall be given by affidavit unless the Discipline Committee directs that it be given in some other form or unless otherwise provided by law.
5.05(2) All affidavits used on a motion shall,
(a) be confined to the statement of facts within the personal knowledge of the deponent, except that the affidavit may contain statements of the deponent’s information and belief, if the source of the information and the fact of the belief are specified in the affidavit; and
(b) be signed by the deponent and sworn or affirmed before a person authorized to administer oaths or affirmations, which person shall also mark all exhibits as such to the affidavit.
5.05(3) A motion participant may not cross examine the deponent of an affidavit filed by another motion participant unless the Discipline Committee directs otherwise.
5.05(4) The Discipline Committee shall not direct that the deponent of an affidavit be cross-examined unless the interests of the case require otherwise.
5.05(5) Sub-rules (3) and (4) do not prevent a deponent from being cross examined on an affidavit during the hearing itself.
5.06 Materials on Motions
5.06(1) The person bringing a motion shall deliver the notice of motion and other materials in support of the motion in the form of a motion record.
5.06(2) The motion record shall contain the notice of motion, all affidavits to be relied upon and any other material to be relied upon.
5.06(3) If another motion participant intends to rely upon materials, the motion participant shall deliver those materials in the form of a responding motion record.
5.06(4) A motion record and responding motion record shall have consecutively numbered pages and a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter.
5.06(5) Despite sub-rules (2) and (3), a motion participant may deliver separately from the motion record or responding motion record a book of authorities and a factum consisting of a concise statement of the facts and law relied on by the motion participant.
5.07 Assigning a Motion Panel
5.07(1) The chair shall, in accordance with section 4.2 of the Statutory Powers Procedure Act, assign a panel of one or more members of the Discipline Committee to hear each motion.
5.07(2) The chair may direct that a larger or differently constituted panel hear a motion if the chair receives submissions in accordance with Rule 4.
5.07(3) A motion participant who believes that the motion ought to be heard by members of the Discipline Committee who will not sit on the hearing panel shall request a direction from the motion panel on the matter in the notice of motion or a notice of cross-motion.
5.08 Hearing Motions Electronically
5.08(1) Motions other than motions brought at a scheduled pre-hearing conference or at a hearing shall be heard electronically in accordance with these rules unless the chair or the Discipline Committee directs otherwise.
5.09 Written Order
5.09(1) Immediately after a motion has been determined, the moving party shall, and any other motion participant affected by an order may, prepare a draft of the formal order, seek approval by other affected parties as to its form and content and deliver it to the Hearings Coordinator.
5.09(2) The order shall be in accordance with Form 5B.
5.09(3) An order delivered in accordance with sub-rule (1) shall be treated as a submission under Rule 4 and may be reviewed, amended if necessary and signed by the chair.
5.09(4) This rule does not apply to orders made on the record during the hearing.
5.10 Renewing or Rearguing a Motion
5.10(1) A motion participant shall not renew or reargue a matter that has previously been determined on a motion unless permission has been obtained from the chair in accordance with Rule 4.
5.10(2) Despite sub-rule (1), where circumstances make it impractical for a motion participant to have obtained permission from the chair, permission to renew or reargue a matter that has previously been determined on a motion may be obtained from the Discipline Panel during the hearing.
5.10(3) Despite sub-rule (1), a motion participant may renew or reargue a motion if that is provided for in the order of the panel hearing the motion.
5.10(4) Despite sub-rule (1), a motion participant may renew a motion at the hearing solely for the purpose of putting on the record, for the purpose of any appeal, that the motion participant does not agree with the previous ruling.
5.11 Time Limits on Oral Submissions
5.11(1) The Discipline Committee may set reasonable time limits on oral submissions by the parties.