McRoberts Legal Services Inc.

Q.	What materials are required to dismiss an action over the counter via registrar?
A.	Consent of all parties signed by at least one solicitor of record + 3 clean copies of the draft order + $127
Q.	How about an unsigned order?
A.	We need the endorsement + 3 clean draft orders + one approved copy
Q.	How can I prevent my motion material from being rejected or delayed?
A.	Always provide the email from the court confirming your motion date
Q.	When are URGENT Master’s Motions heard in Toronto?
A.	Solicitors can walk in any day at 9am and request to be put before a Master. This is done at counter 32 on the 10th floor, 393 University Ave. (Motions Office)
Q.	How do I request an URGENT Judge’s Motion?
A.	They are booked through the Motions scheduling office. You will attend a 9:30 am hearing where the Judge will set your date via endorsement
Q.	The court is not returning my calls… what should I do?
A.	Call us ☺
Q.	I’m nervous about a RUSH filing I sent…. Can I call 20 times to ask if it’s filed?
A.	Sure! Call as many times as you like… we like to chat, BUT you can also put your email and or phone # on the memo and we will contact you directly from the court upon filing. ☺
Q.	Which files are sent to storage in Cooksville?
A.	Files are sent numerically by age because of limited space at 393 University Ave. The most recent 2 years are kept on site at the courthouse. Also, files are sent to storage regardless of activity or approaching deadlines.
Q.	How long does it take to retrieve a file from Cooksville and is there a cost attached?
A.	It usually takes 1-4 weeks to see a file and in extreme cases upwards of 2 months. The court charges $61 to view each file and they are sent back immediately unless a HOLD request is made. Family Law files are free to view.
Q.	Can I pay for issuing a Claim and filing a Jury Notice on the same cheque?
A.	NO… the Claim is issued and then served along with the Jury Notice. The Jury Notice is filed after it is served along with the Affidavit of Service.
Q.	Do I need to pay for an Order to be issued and entered if I have an Endorsement from the Court?
A.	NO… the Motion was already paid for when the Motion Record was filed.
Q.	Can I conduct a province wide Statement of Claim search or must the search be done in each individual region?
A.	The search must be conducted in each individual region.

Q.	How many days prior to the Pre-Trial do we file our Memorandum?
A.	5 business days. If it is late you must write a letter to the Pre-Trail office explaining why it is being filed late. They will decide then whether they choose to file it or not.
Q.	What do we need to include in our Pre-Trial Memorandum?
A.	A witness list including the estimate amount of time for each witness. Separate Affidavit of Service

Q.	What is the deadline for filing our motion material?
A.	2 days prior is preferable, however they will take it up until 2:00p.m. the day before
Q.	What does the Commercial Court look for prior to issuing a claim?
A.	The Toronto List Connection that it falls under the Commercial List jurisdiction that it does not deal with matters of OPPRESSION (NEW RULE)

Q.	When must I confirm my motion?
A.	At least 2 days prior to the hearing.

Q.	How many copies do I need when issuing a Notice of Application?
A.	7 copies are required
Q.	How many sets of material are required for hearings?
A.	3 sets and 2 affidavits of service (the court sends a copy to Ottawa)

Q.	What is the deadline for filing a Notice of Appeal?
A.	10 days from the date served
Q.	What is the deadline for filing Motions?
A.	7 business days

Q.	Do we serve a Small Claims Defence?
A.	Yes.. You can serve by mail up to your deadline for filing and file proof of service thereafter. The Court no longer serves defences. Please note the most recent Affidavit of Service required by the Court is available on their Website ..
Q.	Do we serve a Defendant’s Claim?
A.	Yes. You serve that as you would a Plaintiff’s Claim
Q.	How many days prior to a Motion must the Motion Record be filed?
	At least 3 days prior to the hearing date.