PART 5Applications (continued)
Marginal note:Respondent’s record
Marginal note:Number of copies
(1.1) The respondent shall file
Marginal note:Contents of respondent’s record
(2) The record of a respondent shall contain, on consecutively numbered pages and in the following order,
(a) a table of contents giving the nature and date of each document in the record;
(b) each supporting affidavit and documentary exhibit;
(c) the transcript of any cross-examination on affidavits that the respondent has conducted;
(c.1) any material that has been certified by a tribunal and transmitted under Rule 318 that is to be used by the respondent at the hearing and that is not contained in the applicant’s record;
(d) the portions of any transcript of oral evidence before a tribunal that are to be used by the respondent at the hearing;
(e) a description of any physical exhibits to be used by the respondent at the hearing; and
(f) the respondent’s memorandum of fact and law.
Marginal note:Retention of original affidavits
(3) If an original affidavit is not filed as part of a respondent’s record, it shall be retained by the respondent for one year after the expiry of all appeal periods.
- SOR/2004-283, ss. 32, 33
- SOR/2010-177, s. 5
- SOR/2013-18, s. 9
- SOR/2015-21, s. 19
Marginal note:Preparation by Registry
Marginal note:Documents to be provided
(2) A party bringing a motion for an order under subsection (1) shall provide the Administrator with the documents referred to in subsection 309(2) or 310(2), as the case may be.
Marginal note:Additional steps
312 With leave of the Court, a party may
(a) file affidavits additional to those provided for in rules 306 and 307;
(b) conduct cross-examinations on affidavits additional to those provided for in rule 308; or
(c) file a supplementary record.
Marginal note:Requirement to file additional material
313 Where the Court considers that the application records of the parties are incomplete, the Court may order that other material, including any portion of a transcript, be filed.
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
Material in the Possession of a Tribunal
Marginal note:Material from tribunal
317 (1) A party may request material relevant to an application that is in the possession of a tribunal whose order is the subject of the application and not in the possession of the party by serving on the tribunal and filing a written request, identifying the material requested.
Marginal note:Request in notice of application
(2) An applicant may include a request under subsection (1) in its notice of application.
Marginal note:Service of request
(3) If an applicant does not include a request under subsection (1) in its notice of application, the applicant shall serve the request on the other parties.
- SOR/2002-417, s. 19
- SOR/2006-219, s. 11(F)
Marginal note:Material to be transmitted
Marginal note:Objection by tribunal
(2) Where a tribunal or party objects to a request under rule 317, the tribunal or the party shall inform all parties and the Administrator, in writing, of the reasons for the objection.
Marginal note:Directions as to procedure
(3) The Court may give directions to the parties and to a tribunal as to the procedure for making submissions with respect to an objection under subsection (2).
(4) The Court may, after hearing submissions with respect to an objection under subsection (2), order that a certified copy, or the original, of all or part of the material requested be forwarded to the Registry.
Marginal note:Return of material
319 Unless the Court directs otherwise, after an application has been heard, the Administrator shall return to a tribunal any original material received from it under rule 318.
References from a Tribunal
Definition of reference
- Date modified: