5.08 Where a document has been served in a manner other than one authorized by these rules or an order, the court may make an order validating the service where the court is satisfied that:
(a) the document came to the notice of the person to be served; or,
(b) the document was served in such a manner that it would have come to the notice of the person to be served, except for the person’s own attempts to evade service.
Proof of Service
Affidavit of Service
5.09 (1) Service of a document may be proved by an affidavit of the person who served it in Form 7.
(2) Personal service or service under subrule 5.03(4) (service at place of residence) of a document by a sheriff or sheriff’s officer may be proved by a certificate of service in Form 8.
Solicitor’s of Record Admission or Acceptance
(3) A solicitor of record’s written admission or acceptance of service is sufficient proof of service and need not be verified by affidavit.
(4) Service of a document under clause 5.05(1)(c) (document exchange) may be proved by the date stamp on the document or a copy of it.
Rule 6 Applications
Application of the Rule
6.01 (1) Where the Criminal Code or other federal enactment to which the procedural provisions of the Criminal Code apply, authorizes, permits or requires that an application or motion be made to or an order or determination made by a judge of or presiding in the superior court of criminal jurisdiction, or a judge as defined in s. 552 of the Criminal Code, other than a judge presiding at trial upon an indictment, the application shall be commenced by a notice of application in Form 1.
(2) Rules 6.01 to 6.11 apply to all proceedings commenced by a notice of application, except where these rules expressly provide otherwise, or a judge of this court orders otherwise.
Applications -- To Whom to be Made
6.02 Applications shall be made to a judge of the court in the county, district or region where the criminal proceedings to which the application relates are being or are to be heard.
Content of Notice
6.03 Every notice of application in Form 1 shall state:
(a) the place and date of hearing in accordance with rule 6.02 and any other applicable rule;
(b) the precise relief sought;
(c) the grounds to be argued, including a reference to any statutory provision or rule to be relied upon;
(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
General Rule re Service
6.04 (1) The notice of application shall be served on all parties in accordance with rule 5 and, where there is uncertainty whether anyone else should be served, the applicant may make a motion without notice to a judge for an order for directions.
Filing Proof of Service
(2) The notice of application in Form 1 and any other supporting materials required by the Criminal Code, other statute or these rules, or ordered by a judge of the court, together with proof of service, shall be filed in the office of the clerk of the court in the place where the application is to be heard, not later than thirty (30) days before the date of the hearing of the application, unless otherwise ordered by a judge of the court, or unless rule 20.04(1) applies.
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