Proof of service

Marginal note:Affidavit of Service
  •  (1) Service of a document may be proved by an affidavit of the person who served it in Form 5.

  • Marginal note:Counsel of Record’s Admission or Acceptance

    (2) Counsel of record’s written admission or acceptance of service is sufficient proof of service and need not be verified by affidavit.

Rule 6 — Applications

Applications

  •  (1) If a statute authorizes, permits or requires that an application or motion be made to or an order or determination be made by a judge, other than a judge presiding at preliminary inquiry or trial, the application shall be commenced by a Notice of Application in form I.

  • (2) This Rule applies to all proceedings commenced by a Notice of Application, except if otherwise expressly provided by these rules or as otherwise ordered by a judge in accordance with rule 2.02.

Applications — to whom to be made

  •  (1) An application shall be made to a judge sitting at the court centre in which the proceeding is being or is to be held, unless otherwise provided by these rules.

  • (2) The party making an application shall obtain from the clerk a place, date and time of hearing of the application.

Content of notice

 Every Notice of Application shall state

  • (a) the place and date of hearing in accordance with rule 6.02 and any other rule relating thereto;

  • (b) the precise relief sought;

  • (c) the grounds to be argued, including a reference to any statutory provision or rule to be relied on;

  • (d) the documentary, affidavit and other evidence to be used at the hearing of the application; and

  • (e) whether any order is required abridging or extending the time for service or filing of the Notice of Application or supporting materials required under these rules.

Service of notice

Marginal note:Generally
  •  (1) The Notice of Application shall be served on all parties and, if there is uncertainty as to whether anyone else should be served, the applicant may apply ex parte to a judge for an order for directions.

  • Marginal note:Minimum Notice Period

    (2) Except if otherwise expressly provided by the Code or these rules, or as ordered by a judge in accordance with rule 2.02, the Notice of Application shall be served not later than 15 days before the date of the hearing of the application.

  • Marginal note:Filing Proof of Service

    (3) Except if otherwise expressly provided by the Code or these rules, or except as ordered by a judge in accordance with rule 2.02, the Notice of Application shall be filed with proof of service not later than 10 days before the date of the hearing of the application, in the court office for the place where the application is to be heard.

Material for use on applications

Marginal note:Application Record and Factum
  •  (1) The applicant shall, when the court requires under subrule (4),

    • (a) serve an application record, together with a factum prepared in accordance with rule 6.07 if a judge of the court orders that a factum be filed or if these rules expressly provide for the filing of a factum, not later than 15 days before the date of the hearing, on every respondent; and

    • (b) file the application record, including any factum, not later than 10 days before the date of the hearing of the application, in the court office for the place where the application is to be heard.

  • (2) The applicant’s application record shall contain, in consecutively numbered pages arranged in the following order,

    • (a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter;

    • (b) a copy of the Notice of Application;

    • (c) a copy of the information to which the application relates;

    • (d) a copy of all affidavits and other material served by the applicant and any party other than the respondent for use on the application;

    • (e) a list of all relevant transcripts of evidence in chronological order, but not necessarily the transcripts themselves; and

    • (f) a copy of any other material in the court file that is necessary for the hearing of the application.

  • Marginal note:Respondent’s Application Record and Factum

    (3) The respondent shall, if a judge orders that a factum shall be filed or if these rules expressly provide for the filing of a factum, serve on every other party a factum prepared in accordance with rule 6.08 and may, if the respondent is of the opinion that the application record is incomplete, serve on every other party a respondent’s application record containing, in consecutively numbered pages arranged in the following order,

    • (a) a table of contents describing each document, including each exhibit, by its nature and date and in the case of an exhibit, by exhibit number or letter; and

    • (b) a copy of any material to be used by the respondent on the application and not included in the application record.

    The respondent’s application record, including any factum, shall be filed, with proof of service, in the court office for the place where the application is to be heard, not later than five days before the date of the hearing of the application.

  • Marginal note:Record and Factum

    (4) If and as necessary in the interests of justice, a judge, before or at the hearing of the application, may order compliance with this rule in whole or in part.

  • Marginal note:Documents May Be Filed as Part of Record

    (5) Any documents served by a party for use on an application may be filed, with proof of service, as part of the party’s application record, and need not be filed separately if the record is filed within the time prescribed for filing the notice or other material.

  • Marginal note:Transcript of Evidence

    (6) A party who intends to refer to a transcript of evidence at the hearing of an application shall file a copy of the transcript as provided by rule 4.08.

Factums

Marginal note:Application of the Rule
  •  (1) If a filing of a factum is required by order of a judge or if these rules expressly provide for the filing of a factum, this rule and rules 6.07 to 6.09 apply with any necessary modifications to all applications.

  • Marginal note:General Requirement

    (2) If a filing of a factum is required by order of a judge or if these rules expressly provide for the filing of a factum, all parties to an application and persons who have been granted the right to be heard shall deliver a factum, to be entitled on its cover “Applicant’s Factum”, “Respondent’s Factum” or “Intervenor’s Factum”, as the case may be.

  • Marginal note:Signatures on Factums

    (3) All factums shall be signed by counsel or on counsel’s behalf by someone specifically authorized to do so or, if a party is not represented by counsel, by the applicant or respondent, as the case may be, and the signature shall be followed by the typed name of counsel, if any, and the date.

Applicant’s factum

Marginal note:Filing and Service
  •  (1) Every applicant shall prepare an applicant’s factum and shall file in the court office for the place where the application is to be heard one copy and serve a copy on each of the other parties and persons who have been granted the right to be heard in the proceeding.

  • Marginal note:Time for Delivery

    (2) The factum prepared on behalf of the applicant shall be served and filed in accordance with rule 6.05.

  • Marginal note:Contents

    (3) The applicant’s factum shall consist of

    • (a) Part I, entitled “Summary of the Facts”, which shall contain a concise summary of the facts relevant to the issues on the application, with such references to the transcript of evidence by page and line, or paragraph, as the case may be, as may be necessary,

    • (b) Part II, entitled “Issues and the Law”, which shall contain a statement of each issue raised, immediately followed by a concise statement of the law and any authorities relating to that issue,

    • (c) Part III, entitled “Order Requested”, which shall contain a statement of the order that the court will be asked to make, and

    • (d) a schedule, entitled “List of Authorities”, which shall contain a list of the authorities (with citations) to which reference was made in Part II and in the order in which they there appear

    in paragraphs numbered consecutively throughout the factum.

Respondent’s factum

Marginal note:Filing and Service
  •  (1) Every respondent shall prepare a respondent’s factum and shall file in the court office for the place where the application is to be heard one copy and serve a copy on each of the other parties and persons who have been granted the right to be heard in the proceedings.

  • Marginal note:Time for Delivery

    (2) The respondent’s factum shall be delivered to the court office for the place where the application is to be heard within seven days after service of the applicant’s factum, and not later than three days before the date on which the application is scheduled to be heard.

  • Marginal note:Contents

    (3) The respondent’s factum shall consist of

    • (a) Part I, entitled “Respondent’s Statement of Facts”, which shall contain a statement of the facts in Part I of the applicant’s factum that the respondent accepts as correct or substantially correct and those facts with which the respondent disagrees and a concise summary of any additional facts relied on, with any reference to the transcripts of the evidence, by page and line or paragraph, as the case may be, that is necessary,

    • (b) Part II, entitled “Response to Applicant’s Issues”, which shall contain the position of the respondent with respect to each issue raised by the applicant, immediately followed by a concise statement of the law and the authorities relating to that issue,

    • (c) Part III, entitled “Additional Issues”, which shall contain a statement of any additional issues raised by the respondent, immediately followed by a concise statement of the law and the authorities relating to that issue,

    • (d) Part IV, entitled “Order Requested”, which shall contain a statement of the order that the court will be asked to make, and

    • (e) a schedule, entitled “List of Authorities”, which shall contain a list of the authorities (with citations) referred to in the order in which they appear in Parts II and III

    in paragraphs numbered consecutively throughout the factum.

 
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