Legal Question in Civil Litigation in Canada

Re: motion for delay

I see that you are in the Province of Ontario.

Motions for delay are usually brought in criminal cases, as the Crown has taken so long to prosecute one's case, their liberty and the administration of justice is brought into question.

You can also bring a motion in civil trial. Most often this will be brought by the defendant, as the plaintiff is basically doing nothing and it appears that the case has stalled.

If you are in Small Claims Court, look at the Small Claims rules for bringing a motion. If you are in Superior Civil, look at the Rules of Civil Procedure.

As a matter of professional courtesy, contact the lawyer for the other side first, as this may resolve the issue - and if you bring a motion without first having spoken to the other side, the judge may award costs against you if you lose as your actions looked underhanded.

www.anylegalquestion.com