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• (2) Where an applicant seeks to quash a warrant, conviction, order or determination, other than a subpoena or warrant to compel the attendance of a witness, there shall be endorsed upon the notice of application a notice in the following form addressed to the Court Services Manager or coroner or as the case may be:

  By virtue of subrule 43.03(3) of the Criminal Proceedings Rules for the Superior Court of Justice (Ontario), you are, upon receiving this notice, to return forthwith to the Clerk’s Office at true copies of the conviction (or as the case may be) herein referred to, together with true copies of the indictment, information, exhibits and papers or other documents touching the matter, as fully and as entirely as they remain in your custody, together with this notice and the certificate prescribed in the said rule.

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  (or coroner, or as the case may be)

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• (3) Upon receipt of the notice of application endorsed under subrule (2), the Court Services Manager or coroner, as the case may be, shall forthwith return to the Clerk’s Office at the place where the application is returnable true copies of the conviction, order, or warrant, together with true copies of the indictment, information, exhibits and any other proceedings or documents touching the matter, and the notice served upon him or her with a certificate attached thereto in the following form:

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  True copies of:

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  • 2 the conviction (or as the case may be);

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  Court Services Manager (or coroner, as the case may be)

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• (4) Subject to subrules (5) and (6), the documents listed in the certificate under subrule (3), together with any transcript of the proceedings filed by the applicant, shall have the same effect in law as a return to a writ of certiorari.

• (5) Subject to subrule (6), service of a notice of application to quash under subrule (2) upon a provincial court judge, justice or justices, coroner, or as the case may be, suspends the proceedings which are the subject of the application.

• (6) A judge may, upon service of a notice of application therefor in such manner, if at all, as the judge may direct, order that the proceedings which are the subject of the application to quash shall continue upon such terms as appear just.

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• 40.11 (1) Except in appeals in writing under rule 40.15 or except where a judge has made an order under subrule 40.03(2), all parties to the appeal and persons who have been granted the right to be heard shall deliver a factum to be entitled and described on its cover as “Appellant’s Factum”, “Respondent’s Factum”, “Intervenor’s Factum”, or as the case may be.

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• (2) All facta shall be signed by a counsel or on a counsel’s behalf by someone specifically authorized to do so or, where a party is not represented by counsel, by the appellant or respondent, as the case may be, and the signature shall be followed, where applicable, by the typed name of the counsel.

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• (3) The clerk of the appeal court may refuse to accept a factum which does not comply with this rule as to timing, form or content or is not legible and the factum shall not be filed except by leave of a judge.

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• (5) Except in appeals from sentence only, the appellant’s factum shall consist of:

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

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• (7) Except in appeals from sentence only, the respondent’s factum shall consist of:

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

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• (13) Where the Attorney General is the appellant, such changes shall be made in the form of the factum as may be required.

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• 33.01 (1) Where a judge orders or these rules require that factums be filed, each party shall serve and file a factum, to be entitled and described on its cover as “Applicant’s Factum”, “Respondent’s Factum”, or as the case may be.

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• (4) The respondent’s factum shall consist of the following parts:

  • (a) Part I, with the caption, “Respondent’s Statement of the Facts”, containing a statement of the facts in Part II of the applicant’s factum that the respondent accepts as correct or substantially correct, and those facts with which the respondent disagrees, along with a concise summary of any additional facts upon which the respondent relies;

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• (5) Every intervenor shall prepare and file an “Intervenor’s Factum” that shall consist of:

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

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• (12) Unless otherwise ordered by a judge, the applicant’s factum shall be served and filed in accordance with rule 5 not later than thirty (30) days before the day first scheduled for the hearing of the pre-trial applications or the trial as the case may be.

• (13) Unless otherwise ordered by a judge, the respondent’s factum shall be served and filed in accordance with rule 5 not later than ten (10) days before the day first scheduled for the hearing of the pre-trial applications or the trial as the case may be.

• 40.08 (1) Except in the case of appeals to which subrules (3) and (4) apply, appeals in which counsel will be filing an agreed statement of fact in relation to the evidence pursuant to subrule 40.08(6) or (7) as the case may be, or where otherwise directed by the clerk of the appeal court, the appellant shall, at the time the notice of appeal is filed, furnish a certificate in Form 2C from each court reporter who took the evidence stating that copies of the transcript as required by these rules have been ordered.

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• (17) With respect to appeals as to sentence only:

  • (a) where there was a plea of guilty at the opening of trial before any evidence was taken, the transcript shall include the entire proceedings before the court, including the statement of the prosecutor, any evidence as to the facts, any submissions of the prosecutor for the Crown or the counsel for defence, and the reasons of the summary conviction court as to sentence;

  • (b) where the original plea was one of not guilty, and was followed by the adducing of evidence, unless otherwise ordered by a judge, the parties shall make every effort to agree on a statement of facts in accordance with subrule (6) or (7) as the case may be. Where the appellant cannot comply with the time limits set out in subrule (6) or (7) as the case may be, the appellant may seek an extension of the time pursuant to rule 3.02; and

  • (c) in the event of difficulty in settling the statement of facts, counsel for either party may, on notice, attend upon a judge in chambers for assistance. In the event of a failure to agree as to the facts, the provisions of subrules (1) and (10) to (12) apply.

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• (4) Where counsel of record for an accused or a self-represented accused knows that the accused will be pleading guilty on the indictment, counsel or the self-represented accused shall advise the prosecutor and, where required, obtain the prosecutor’s consent to the entry of the plea, at least ten (10) days before the date scheduled for the pre-trial conference, or as soon as counsel has received appropriate instructions about the plea of guilty, as the case may be.

• (5) All counsel must complete their positions on each issue in Form 17, and not indicate “will advise”, “not as yet”, or words of similar effect.

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• (11) If either party changes any position taken and recorded on the pre-trial conference report, the party must provide written notice of the change to the other parties and the Superior Court trial coordinator and arrange for a further pre-trial conference as soon as practicable, and serve and file any notices, records, facta, books of authorities or other materials required by these rules.

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• (15) The pre-trial conference reports and any other materials filed for use at the pre-trial conference or prepared as a result of the pre-trial conference shall be provided to the trial judge, except that all references to the sentencing positions advanced by Crown counsel, the criminal record of the accused and any application relating to evidentiary use of the accused’s criminal record shall be deleted from the materials provided to the trial judge, kept in the custody of the court and only disclosed by order of a judge of the court.

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• (16) The pre-trial conference judge shall complete a Report to Trial Judge in Form 18-A1, which shall be forwarded to the trial judge not later than ten (10) days prior to the date on which pre-trial applications or the trial is scheduled to commence, as the case may be.

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