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.