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Note to the Bar Regarding Vacating Motions and In-Person Court

May 15, 2025

The OBA Construction & Infrastructure Section has recently had the benefit of RSJ Firestone and the Associate Judges generously granting their time to speak to members of the Executive regarding vacating motions and ex parte court. Their Honours have asked the Section Executive to make members aware of certain procedures regarding vacating motions, and to solicit input regarding the potential resumption of in-person court appearances (note the survey link at the bottom!).

Procedure for Time-Sensitive Vacating Motions

The Associate Judges wish to emphasize to the construction bar that motions to vacate claims for lien are properly considered to be and submitted as “urgent or time-sensitive motions” pursuant to subparagraph H.3.5 of the Notice to Profession and Parties – Toronto Region dated February 1, 2024. It is not necessary for a party seeking a vacating order to wait until urgency in the sense of “emergency” develops; the Associate Judges appreciate that vacating orders are typically time-sensitive and parties are strongly encouraged, as a matter of course, to submit vacating orders as “Urgent” or “Time-Sensitive” motions to the Construction Lien Associate Judges.

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