Criminal Proceedings Rules for the Superior Court of Justice (Ontario) (SI/2012-7)

27.04 (1) An applicant shall give notice of application and constitutional issue in Form 5 and in accordance with rule 27.03, not later than thirty (30) days before the date on which the application is scheduled to be heard.

(2) For applications under rule 27.01 for a declaration or remedy otherwise than at trial before the trial judge, service of the notice of application and constitutional issue in Form 5 and other materials required by these rules, the Criminal Code or federal statute shall be made upon:

• (a) the Constitutional Law Division of the Ministry of the Attorney General of Ontario;

• (b) the regional office of the Attorney General of Canada at Toronto or the office of the Attorney General of Canada at Ottawa;

• (c) all other parties to the proceedings; and,

• (d) the office of the prosecutor having carriage of the proceedings.

(3) Where applications under rule 27.01 for a declaration or other remedy are to be made at trial before the trial judge, service of the notice of application and constitutional issue in Form 5 and other materials required by these rules, the Criminal Code or other federal statute shall be made upon:

• (a) the Constitutional Law Division of the Ministry of the Attorney General of Ontario;

• (b) the regional office of the Attorney General of Canada at Toronto or the office of the Attorney General of Canada at Ottawa;

• (c) all other parties to the proceedings;

• (d) the office of the prosecutor having carriage of the proceedings; and,

• (e) upon such other persons and upon such terms as the trial judge may direct.

(4) Notice of application and constitutional issue in Form 5 and supporting material, together with proof of service thereof, shall be filed in the office of the clerk of the court in the place where the application is to be heard, at least thirty (30) days before the date fixed for the hearing of the application.

27.05 (1) Unless otherwise ordered by a judge of the court, an applicant shall serve on every other party and file an application record in accordance with rule 6.05(2) 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 on which the application is scheduled to be heard.

(2) Where the respondent seeks to rely on material other than that filed by the applicant, the respondent shall serve on every other party and file a respondent’s application record in accordance with rule 6.05(4), not later than ten (10) days before the date of the hearing of the application, unless otherwise ordered by a judge of the court.

(3) Where an intervenor seeks to rely on material other than that filed by the applicant, respondent or any other person granted leave to intervene, the intervenor shall serve on every party and other intervenor and file an intervenor’s application record in accordance with rule 27.05(4), not later than five (5) days before the date of the hearing of the application, unless otherwise ordered by a judge of the court.

(4) An intervenor’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; and

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

(5) Any documents served by a party for use on an application may be filed, together 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.

(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.

(7) Unless otherwise ordered by a judge of the court, books of authorities in accordance with rule 32 are required and shall be served and filed in accordance with the time limits described in rules 6.05(1) and (3).

(8) Unless otherwise ordered by a judge of the court, factums are required for applications made under this rule.

(9) Factums shall comply with rule 33 and be served and filed within the time limits described in rules 6.05(1) and (3), unless otherwise ordered by a judge of the court.