Motion materials (drafting only)
Notice of motion and supporting affidavit drafted for you to file and argue yourself.
What is included
- Reviewing what order you need and the rule that applies
- Preparing the notice of motion and supporting affidavit, and a draft defence where one is needed
- Filing and serving the motion materials, where your service includes it
- Representing you at the motion hearing, where your service includes it
What is not included
- Court filing fees, process servers, searches and other disbursements
- Steps beyond the service you chose, such as a trial when the service covers documents only
- Enforcing a judgment, such as garnishment or a writ, unless your service is an enforcement step
- An appeal to the Divisional Court, where a licensed paralegal may not act
- Claims over $50,000 or other matters that belong in the Superior Court of Justice
Who this service is for
- Someone owed money or property worth up to $50,000
- A person or business served with a Small Claims claim
- Small business owners with unpaid invoices or contract disputes
- Anyone who wants help with one step, such as a motion or a settlement conference
Information to have ready
- 1Every court document you received, with the dates you got them
- 2A short explanation of what you want the court to order and why
- 3The documents that support your request
- 4Any trial, conference or other court date already set
Frequently asked questions
How much does it cost?
The fee is $300 plus 13% HST ($339.00 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.
What happens when I check out?
You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.
Can a default or dismissal be set aside?
It may be. The court usually looks at whether you acted promptly once you found out, whether there is a reasonable explanation for what happened and whether you have a case worth hearing. No result can be promised.
Do I have to attend the motion?
A licensed paralegal can usually argue the motion for you, though the court may ask you to attend or may decide some motions in writing.
Can a licensed paralegal bring a motion in Small Claims Court?
Yes. Licensed paralegals in Ontario may prepare and argue motions in Small Claims Court.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed, and a judgment may still need separate enforcement to be collected
- Limited to claims within the Small Claims Court limit of $50,000
- You must give documents and instructions in time to meet court deadlines
- An appeal of a Small Claims Court judgment is heard by the Divisional Court, where a licensed paralegal may not act, so for an appeal the firm does only the parts a licensed paralegal is permitted to do and refers the appeal itself to a lawyer.
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