These are, generally speaking, two completely different animals when it comes to a family law court case in Ontario, subject to my comments below about "motions to change".
A Motion is like a mini-trial, except that most of the time, the Court receives evidence on Motions by way of affidavit evidence (in written form) rather than the live evidence of witnesses. A Motion is a court appearance (they are generally argued in person, before a judge) which is meant to address some short-term, sometimes emergency issues. A number of Motions can be brought in the course of a proceeding, as issues arise - issues which cannot be left for determination until Trial. Motions often deal with issues of a child's/children's custody and residence, access, as well as child and spousal support. Disclosure issues are also commonly addressed by Motions. Orders made at Motions are generally temporary or "interim" orders. They are meant to be in place until either a further Court Order or agreement between the parties, or Trial.
A Trial is a hearing, sometimes days-long, which disposes of a court case on a final basis (subject to appeal).
The Family Law Rules provide for another animal and here, the language can be a little confusing. We have what are called Motions to Change (a final order, for example). These are separate proceedings, formerly called applications to vary. The final hearing in such a proceeding can be a motion but it is very similar to a Trial and can be either by affidavit (written) evidence or viva voce, meaning, witnesses give evidence in person.
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A Motion is like a mini-trial, except that most of the time, the Court receives evidence on Motions by way of affidavit evidence (in written form) rather than the live evidence of witnesses. A Motion is a court appearance (they are generally argued in person, before a judge) which is meant to address some short-term, sometimes emergency issues. A number of Motions can be brought in the course of a proceeding, as issues arise - issues which cannot be left for determination until Trial. Motions often deal with issues of a child's/children's custody and residence, access, as well as child and spousal support. Disclosure issues are also commonly addressed by Motions. Orders made at Motions are generally temporary or "interim" orders. They are meant to be in place until either a further Court Order or agreement between the parties, or Trial.
A Trial is a hearing, sometimes days-long, which disposes of a court case on a final basis (subject to appeal).
The Family Law Rules provide for another animal and here, the language can be a little confusing. We have what are called Motions to Change (a final order, for example). These are separate proceedings, formerly called applications to vary. The final hearing in such a proceeding can be a motion but it is very similar to a Trial and can be either by affidavit (written) evidence or viva voce, meaning, witnesses give evidence in person.
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Art: Egon Schiele - Trieste Fishing Boat (1912)
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