CHECKLIST: Time-Sensitive Vacating Motions Referred to a Construction Lien Associate Judge

1. FILING MOTION MATERIAL
   1. If Toronto Matter (No Existing Action)
      • File vacating motion materials in searchable PDF format via the Civil Submissions Online portal
   2. If There Is an Existing Court File
      • Bring the motion in the existing action, even if it doesn't have a Toronto file number.
      • If no action exists, leave file number blank; the court will assign one.
   3. If Non-Toronto Action (Leave to Be Heard in Toronto)
      • File materials by email only to: Toronto.AssociateJudges.ConstructionLienMatters@ontario.ca
      • Email subject and body must clearly state that the motion is in a non-Toronto action.
      • After motion is heard, file all materials and endorsements at the originating courthouse.
2. MARK MOTION MATERIALS AS “URGENT” OR “TIME SENSITIVE”

   Vacating orders are typically time-sensitive and parties are encouraged, as a matter of course, to submit vacating orders as “Urgent” or “Time-Sensitive” motions to the Construction Lien Associate Judges:

   1. Toronto Matters (No Existing Action)
      • After filing via the portal, email all motion materials as attachments to: Toronto.AssociateJudges.ConstructionLienMatters@ontario.ca
      • Subject line: “Urgent or “Time-Sensitive” Vacating Motion”
      • Include confirmation of submittal through Civil Submissions

      If confirmation is missing, the motion may be rejected.

   2. Non-Toronto Matters (With Leave to Be Heard in Toronto)
      • Email the same address, with the same materials and subject line marked “Urgent” or “Time-Sensitive.”
3. INCLUDE EXPLANATION OF URGENCY
   • All urgent or time-sensitive motions must include:
     • An explanation of the urgency or time-sensitivity
     • Any pending dates (e.g., closing, financing, etc.)

   Failure to include an urgency explanation may result in the motion being rejected.

4. REQUIRED MATERIALS FOR THE MOTION RECORD
   • Notice of Motion
     • Clearly states the relief sought under s. 44 of the Construction Act
   • Affidavit in support
     • To provide “evidence supporting the relief sought” as required under H.4 of Practice Direction
   • Copy of the Security
     • High-quality colour scan preferred
     • Filed as a separate document, even if included in the motion record
     • If using lien bond or letter of credit, include all schedules with:
       • Visible signatures
       • Corporate seals (or printed name, title, and authority statement)
   • A completed fiat in the usual form (Sample Fiat)
     • Should be filed separately, even if part of the motion record
   • Draft Order (Sample Order)
     • Includes directions to the Accountant and conditions for the order to take effect
     • Must be submitted in both PDF and Word format
     • Should be filed separately, even if part of the motion record
   • Executed Consent (if necessary)
     • Should be filed separately, even if part of the motion record

Note: Only urgent motions or motions from non-Toronto cases asking to be heard in Toronto can be filed by email (see H.3.4.4). All other motions must be filed through the Civil Submissions Online portal.