Vary Release Order (Precedent): Difference between revisions

Latest revision as of 16:31, 9 January 2025

PRECEDENT TERMS OF USE All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

Notice

Style of cause

NOTICE OF APPLICATION
(Variation of [release order or undertaking] Pursuant to Section [x] of the Criminal Code)

WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;

TAKE NOTICE that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought].

THE APPLICANT RELIES ON THE FOLLOW GROUNDS

[grounds consisting of reasons for granting the relief and alleged facts]
...
Any additional grounds as counsel may advise and this Honourable Court may permit.

IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:

[SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
...
Any additional evidence as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

An Order for [describe the type of order and terms of the order]

FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:

In accordance with the appropriate Rules of Court,

[party name]
[party title]
[address]
[address]
[address]
Tel: (xxx) xxx-xxxx
Fax: (xxx) xxx-xxxx
Email: xxx@xxxxxx.xxx

DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.

_________________________________
[Counsel's name]
[Counsel's title]

[Internal File Coding] |}

Affidavit

Style of cause

AFFIDAVIT OF [AFFIANT NAME]
'

I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:

I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
...

SWORN/AFFIRMED TO at [city], in the region of
[region], Province of
[province], this [day]
day of [month], 20____, before me:

________________________________

Commissioner of Oaths/Barrister of
the [level] Court of [province]

)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)

[Internal File Coding] |- |}

@@ Line 1: / Line 1: @@
 {{HeaderTemplates}}
-==Notice of Application==
+{{Precedent Terms of Use}}
-{|class="wikitable" style="width: 750px; background-color:white"
+==Notice==
+<!--
+{|class="wikitable" style="width: 650px; background-color:white"
 ! NOTICE OF APPLICATION
 |-
-| style="width: 50%; vertical-align: top;" |
+| style="width: 50%; vertical-align: top;" |-->
-{{Style of Cause (Defence Application)}}
+{{Collapse1|{{Style of Cause (Defence Application)}}}}
-{{TITLE|NOTICE OF APPLICATION|}}
+{{TITLE|NOTICE OF APPLICATION|(Variation of [release order or undertaking] Pursuant to Section [x] of the ''Criminal Code'')}}
-|-
+{{WHEREAS Charges}}
+{{I-Start}}'''TAKE NOTICE''' that an application will be brought at [time] a.m./p.m. on the [date] day of [month], [year], at [address] for an order granting [relief being sought].{{I-End}}
+{{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOW GROUNDS'''{{I-End}}
+# [grounds consisting of reasons for granting the relief and alleged facts]
+# ...
+# Any additional grounds as counsel may advise and this Honourable Court may permit.
+{{I-Start}}'''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''{{I-End}}
+# [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
+# ...
+# Any additional evidence as counsel may advise and this Honourable Court may permit.
+{{I-Start}}'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''{{I-End}}
+# An Order for [describe the type of order and terms of the order]
+{{I-Start}}'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''{{I-End}}
+In accordance with the appropriate Rules of Court,
+{{CounselAddress}}
+{{DATED}}
+{{CounselSignature}}
+{{InternalCode}}
+|}
+==Affidavit==
+<!--
+{|class="wikitable" style="width: 650px; background-color:white"
 ! AFFIDAVIT
 |-
-| style="width: 50%; vertical-align: top;" |
+| style="width: 50%; vertical-align: top;" |-->
-{{Style of Cause (Defence Application)}}
+{{Collapse1|{{Style of Cause (Defence Application)}}}}
 {{TITLE|AFFIDAVIT OF [AFFIANT NAME]|}}
@@ Line 20: / Line 58: @@
 # I have personal knowledge of the matters and facts hereinafter deposed to except where stated to be on information and belief and where so stated, I verily believe the same to be true.
-# I am aware of information, obtained through the usual and ordinary course of business and believed to be reliable, that has lead me to believe that [accused name] is currently being held in [correctional/remand facility] located at [address of correctional/remand facility], that that the prisoner is required to appear before the [level] at [location of the court house], [Province], on [date], [year], at [time] for the purpose of [purpose].
+# ...
-# I believe the ends of justice require that an order be made to bring the prisoner
-before the Court for that purpose.
 {{SwornSignature}}
-[Internal File Code]
+{{InternalCode}}
 |-
 |}