Frequently Asked Questions
Generally, an order comes into effect immediately, unless the court states otherwise. The order, however, must still be drafted and signed by the parties and the court. Until this is done, it will be difficult to enforce the order.
Once the judge has made the order at the motion, it is up to the parties, and their lawyers, if they have lawyers, to draft (write up) an order. Either party may draft the order. The judge may also tell the parties who has to draft the order. Once drafted, the order is provided to the other party for consent on the format that the order is in and what it contains. The judge then signs the order.
You draft an Order using Form 70N of the Court of Queen’s Bench Forms. You can find a template for Form 70N here:
You must use standard clauses when drafting your order. Standard clauses can be found here:
The other party is supposed to review the drafted court order and provide their approval, unless otherwise ordered by the court. If the other side refuses to provide their approval, you may want to review the disposition sheet and see where there may be a dispute as to the terms of the order. You can get a copy of the disposition sheet from your court file. A transcript of the proceeding could also be ordered. If the other party still refuses to sign the order, you can arrange for an appearance before the judge who made the order to settle the terms and have the order signed.
You could file a Notice of Motion with a copy of the amended order containing the corrections.
You can file a Notice of Motion and affidavit asking the court to suspend or set aside the order based on the ground of fraud or facts arising or discovered after the order was made.
A party can file a Notice of Satisfaction (Form 70Y) signed by the party before a witness or by the party’s lawyer.