Marginal note:Requisition for hearing
314. (1) An applicant shall, within 10 days after service of the respondent's record or the expiration of the time for doing so, whichever is earlier, serve and file a requisition, in Form 314, requesting that a date be set for the hearing of the application.
Marginal note:Contents of requisition
(2) A requisition referred to in subsection (1) shall
(a) include a statement that the requirements of subsection 309(1) have been satisfied and that any notice required under section 57 of the Act has been given;
(b) set out the place at which the hearing should be held;
(c) set out the maximum number of hours or days required for the hearing;
(d) list any dates within the following 90 days on which the parties are not available for a hearing;
(e) set out the name, address, telephone number and fax number of the solicitor for every party to the application or, where a party is not represented by a solicitor, the person's name, address, telephone number and any fax number; and
(f) indicate whether the hearing will be in English or French, or partly in English and partly in French.
Marginal note:Pre-hearing conference
315. The Court may order that a conference be held in accordance with rules 258 to 267, with such modifications as are necessary.
Marginal note:Testimony regarding issue of fact
316. On motion, the Court may, in special circumstances, authorize a witness to testify in court in relation to an issue of fact raised in an application.
Exceptions to General Procedure
Marginal note:Ex parte proceedings
316.1 Despite rules 304, 306, 309 and 314, for a proceeding referred to in paragraph 300(b) that is brought ex parte,
(a) the notice of application, the applicant’s record, affidavits and documentary exhibits and the requisition for hearing are not required to be served; and
(b) the applicant’s record and the requisition for hearing must be filed at the time the notice of application is filed.
- SOR/2013-18, s. 10.
Marginal note:Summary application under Income Tax Act
Marginal note:Commencing the application
(2) The application shall be commenced by a notice of summary application in Form 316.2.
- SOR/2013-18, s. 10.
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