Generic Application (Precedent): Difference between revisions
(31 intermediate revisions by the same user not shown) | |||
Line 5: | Line 5: | ||
; Index | ; Index | ||
* Notice of Application | * Notice of Application | ||
* Reply Notice | |||
* Evidence Affidavit | * Evidence Affidavit | ||
* Affidavit of Service | * Affidavit of Service | ||
Line 10: | Line 11: | ||
==Notice== | ==Notice== | ||
{|class="wikitable" style="width:650px; background-color:white; " | <!--{|class="wikitable" style="width:650px; background-color:white; " | ||
! NOTICE OF APPLICATION/MOTION (GENERIC) | ! NOTICE OF APPLICATION/MOTION (GENERIC) | ||
|- | |- | ||
| style="width: 50%; vertical-align: top;" | | | style="width: 50%; vertical-align: top;" |--> | ||
{{Style of Cause}} | {{Collapse1|{{Style of Cause}}}} | ||
{{TITLE|NOTICE OF APPLICATION/MOTION| }} | {{TITLE|NOTICE OF APPLICATION/MOTION| }} | ||
Line 20: | Line 21: | ||
{{WHEREAS Charges}} | {{WHEREAS Charges}} | ||
'''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-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}} | ||
'''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS | {{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOWING GROUNDS'''{{I-End}} | ||
# [grounds consisting of reasons for granting the relief and alleged facts] | # [SET OUT grounds consisting of reasons for granting the relief and alleged facts] | ||
# ... | # ... | ||
# Any additional grounds as counsel may advise and this Honourable Court may permit. | # 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:''' | {{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] | # [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence] | ||
Line 34: | Line 35: | ||
# Any additional evidence as counsel may advise and this Honourable Court may permit. | # Any additional evidence as counsel may advise and this Honourable Court may permit. | ||
'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:''' | {{I-Start}}'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''{{I-End}} | ||
# An Order allowing the Application and granting [describe the type of order and terms of the order] | # An Order allowing the Application and granting [describe the type of order and terms of the order] | ||
'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:''' | {{I-Start}}'''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''{{I-End}} | ||
In accordance with the appropriate Rules of Court, | In accordance with the appropriate Rules of Court, | ||
Line 50: | Line 51: | ||
{{InternalCode}} | {{InternalCode}} | ||
<!-- | |||
|} | |} | ||
<gdoc id="1AKJofMVcFm_V1VGp6r6FW-ApAfbaXksPfSGFK6Kqn7I" width="750" height="1000" /> --> | |||
<gdoc id="1AKJofMVcFm_V1VGp6r6FW-ApAfbaXksPfSGFK6Kqn7I" width=" | |||
==Reply Notice== | ==Reply Notice== | ||
{|class="wikitable" style="width:650px; background-color:white; " | <!--{|class="wikitable" style="width:650px; background-color:white; " | ||
! REPLY NOTICE OF APPLICATION/MOTION (GENERIC) | ! REPLY NOTICE OF APPLICATION/MOTION (GENERIC) | ||
|- | |- | ||
| style="width: 50%; vertical-align: top;" | | | style="width: 50%; vertical-align: top;" |--> | ||
{{Style of Cause}} | {{Collapse1|{{Style of Cause}}}} | ||
{{TITLE|REPLY NOTICE OF APPLICATION/MOTION| }} | {{TITLE|REPLY NOTICE OF APPLICATION/MOTION| }} | ||
Line 65: | Line 66: | ||
{{WHEREAS Charges}} | {{WHEREAS Charges}} | ||
{{I-Start}}'''THE RESPONDENT RELIES ON THE FOLLOWING GROUNDS'''{{I-End}} | |||
'''THE | |||
# [grounds consisting of reasons for granting the relief and alleged facts] | # [grounds consisting of reasons for granting the relief and alleged facts] | ||
Line 73: | Line 72: | ||
# Any additional grounds as counsel may advise and this Honourable Court may permit. | # Any additional grounds as counsel may advise and this Honourable Court may permit. | ||
'''IN SUPPORT OF THIS | {{I-Start}}'''IN SUPPORT OF THIS POSITION, THE RESPONDENT RELIES ON THE FOLLOWING EVIDENCE:'''{{I-End}} | ||
# [SET OUT documents and transcripts upon which the | # [SET OUT documents and transcripts upon which the respondent relies upon; e.g affidavit, transcript, business records, oral evidence] | ||
# ... | # ... | ||
# Any additional evidence as counsel may advise and this Honourable Court may permit. | # Any additional evidence as counsel may advise and this Honourable Court may permit. | ||
{{I-Start}}'''FOR THE PURPOSE OF THIS APPLICATION, THE RESPONDENT MAY BE SERVED AT:'''{{I-End}} | |||
'''FOR THE PURPOSE OF THIS APPLICATION, THE | |||
In accordance with the appropriate Rules of Court, | In accordance with the appropriate Rules of Court, | ||
Line 95: | Line 90: | ||
{{InternalCode}} | {{InternalCode}} | ||
<!-- | |||
|} | |} | ||
<gdoc id="176nGEJZ9sbHezeGgwro5Vhzaq4XWf2ILZBQ9rs0ralo" width=" | <gdoc id="176nGEJZ9sbHezeGgwro5Vhzaq4XWf2ILZBQ9rs0ralo" width="750" height="1000" />--> | ||
==Evidence Affidavit== | ==Evidence Affidavit== | ||
{|class="wikitable" style="width:650px; background-color:white; " | <!--{|class="wikitable" style="width:650px; background-color:white; " | ||
! AFFIDAVIT (GENERIC) | ! AFFIDAVIT (GENERIC) | ||
|- | |- | ||
| style="width: 50%; vertical-align: top;" | | | style="width: 50%; vertical-align: top;" |--> | ||
{{Style of Cause}} | {{Collapse1|{{Style of Cause Header}} | ||
{{Style of Cause Between}}}} | |||
{{TITLE|AFFIDAVIT OF [AFFIANT NAME]| }} | {{TITLE|AFFIDAVIT OF [AFFIANT NAME]| }} | ||
Line 115: | Line 112: | ||
{{InternalCode}} | {{InternalCode}} | ||
<!-- | |||
| | |- | ||
| style="width: 50%; vertical-align: top;" |--> | |||
<center><b>EXHIBIT A<br> | |||
[DESCRIPTION]</b></center> | |||
<!-- | |||
|- | |||
| style="width: 50%; vertical-align: top;" |--> | |||
<center><b> EXHIBIT B<br> | |||
[DESCRIPTION]</b></center> | |||
<gdoc id="1jahz6uY45IjRvlhgsLPO5sSFDCoq_gaUophU4YRwydA" width=" | <!--|}--> | ||
[[File:barrister-exhibit-stamp1.jpg|thumb|left]] | |||
<br><Br> | |||
<!--<gdoc id="1jahz6uY45IjRvlhgsLPO5sSFDCoq_gaUophU4YRwydA" width="750" height="1000" />--> | |||
<br><Br> | |||
==Affidavit of Service== | ==Affidavit of Service== | ||
{|class="wikitable" style="width:650px; background-color:white; " | <!--{|class="wikitable" style="width:650px; background-color:white; " | ||
! Affidavit of Service | ! Affidavit of Service | ||
|- | |- | ||
| style="width: 50%; vertical-align: top;" | | | style="width: 50%; vertical-align: top;" |--> | ||
{{Collapse1| | |||
<center> | <center> | ||
'''IN THE MATTER OF AN APPLICATION PURSUANT TO ''' | '''IN THE MATTER OF AN APPLICATION PURSUANT TO ''' | ||
Line 133: | Line 144: | ||
'''AND IN THE MATTER OF [person to serve]''' | '''AND IN THE MATTER OF [person to serve]''' | ||
</center> | </center> | ||
}} | |||
{{TITLE|AFFIDAVIT OF SERVICE| }} | {{TITLE|AFFIDAVIT OF SERVICE| }} | ||
Line 162: | Line 173: | ||
<span style="display:inline-block; width: 300px;"></span>[name of person accepting service] | <span style="display:inline-block; width: 300px;"></span>[name of person accepting service] | ||
<span style="display:inline-block; width: 300px;"></span>[title of person accepting service] | <span style="display:inline-block; width: 300px;"></span>[title of person accepting service] | ||
<!-- | |||
|} | |} | ||
<gdoc id="10-zd50uxwI8XLx5JhNYginDLYUv8fSI8GloOZU9KOEs" width="750" height="1000" />--> | |||
<gdoc id="10-zd50uxwI8XLx5JhNYginDLYUv8fSI8GloOZU9KOEs" width=" | |||
==Draft Order== | ==Draft Order== | ||
{|class="wikitable" style="width:650px; background-color:white; " | <!--{|class="wikitable" style="width:650px; background-color:white; " | ||
! DRAFT ORDER (GENERIC) | ! DRAFT ORDER (GENERIC) | ||
|- | |- | ||
| style="width: 50%; vertical-align: top;" | | | style="width: 50%; vertical-align: top;" |--> | ||
{{Style of Cause}} | {{Collapse1|{{Style of Cause}}}} | ||
{{TITLE|ORDER|}} | {{TITLE|ORDER|}} | ||
'''BEFORE THE HONOURABLE''' Judge or Justice [name of judge or justice] at [community/city], [province]. | {{I-Start}}'''BEFORE THE HONOURABLE''' Judge or Justice [name of judge or justice] at [community/city], [province]. {{I-End}} | ||
'''UPON''' the Application of counsel for [party] for an order pursuant to section [section] of the ''Criminal Code'' that ....; | {{I-Start}}'''UPON''' the Application of counsel for [party] for an order pursuant to section [section] of the ''Criminal Code'' that ....; {{I-End}} | ||
'''WHEREAS''' the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; | {{I-Start}}'''WHEREAS''' the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;{{I-End}} | ||
'''AND UPON BEING SATISFIED THAT'''... | {{I-Start}}'''AND UPON BEING SATISFIED THAT'''...{{I-End}} | ||
'''IT IS HEREBY ORDERED THAT''' ... | {{I-Start}}'''IT IS HEREBY ORDERED THAT''' ...{{I-End}} | ||
'''FURTHER, IT IS HEREBY ORDERED THAT''' ... | {{I-Start}}'''FURTHER, IT IS HEREBY ORDERED THAT''' ...{{I-End}} | ||
{{DATED}} | {{DATED}} | ||
Line 197: | Line 208: | ||
{{InternalCode}} | {{InternalCode}} | ||
|} | <!--|} | ||
<gdoc id="1P_A5AHQKgsDNaaj1hQi0KVWoaJfPhobxLVsz2dKneJI" width=" | |||
<gdoc id="1P_A5AHQKgsDNaaj1hQi0KVWoaJfPhobxLVsz2dKneJI" width="750" height="1000" />--> | |||
==Draft Dismissal Order== | ==Draft Dismissal Order== | ||
{|class="wikitable" style="width:650px; background-color:white; " | <!--{|class="wikitable" style="width:650px; background-color:white; " | ||
! DRAFT ORDER OF DISMISSAL (GENERIC) | ! DRAFT ORDER OF DISMISSAL (GENERIC) | ||
|- | |- | ||
| style="width: 50%; vertical-align: top;" | | | style="width: 50%; vertical-align: top;" |--> | ||
{{Style of Cause}} | {{Collapse1|{{Style of Cause}}}} | ||
{{TITLE|ORDER|}} | {{TITLE|ORDER|}} | ||
'''BEFORE THE HONOURABLE''' Judge or Justice [name of judge or justice] at [community/city], [province]. | {{I-Start}}'''BEFORE THE HONOURABLE''' Judge or Justice [name of judge or justice] at [community/city], [province]. {{I-End}} | ||
'''REASONS FOR JUDGEMENT''' having been delivered on [date] by [name of judge or justice]; | {{I-Start}}'''REASONS FOR JUDGEMENT''' having been delivered on [date] by [name of judge or justice]; {{I-End}} | ||
'''IT IS HEREBY ORDERED THAT''' the application for [subject of appliaction] is dismissed with no costs awarded. | {{I-Start}}'''IT IS HEREBY ORDERED THAT''' the application for [subject of appliaction] is dismissed with no costs awarded.{{I-End}} | ||
'''IT IS FURTHER ORDERED THAT''' ... | {{I-Start}}'''IT IS FURTHER ORDERED THAT''' ...{{I-End}} | ||
{{DATED}} | {{DATED}} | ||
Line 228: | Line 240: | ||
{{InternalCode}} | {{InternalCode}} | ||
|} | <!--|} | ||
<gdoc id="1DvqAN77hJWtNfGe8UK7JrlNfi3g7ZNERzOkPz_pPWmU" width=" | |||
<gdoc id="1DvqAN77hJWtNfGe8UK7JrlNfi3g7ZNERzOkPz_pPWmU" width="750" height="1000" />--> |
Revision as of 22:39, 9 January 2025
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution. |
Generic Application
- Index
- Notice of Application
- Reply Notice
- Evidence Affidavit
- Affidavit of Service
- Order of Court
Notice
C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)
BETWEEN:
– and –
NOTICE OF APPLICATION/MOTION
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 FOLLOWING GROUNDS
- [SET OUT 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 allowing the Application and granting [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]
Reply Notice
C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)
BETWEEN:
– and –
REPLY NOTICE OF APPLICATION/MOTION
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;
THE RESPONDENT RELIES ON THE FOLLOWING 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 POSITION, THE RESPONDENT RELIES ON THE FOLLOWING EVIDENCE:
- [SET OUT documents and transcripts upon which the respondent relies upon; e.g affidavit, transcript, business records, oral evidence]
- ...
- Any additional evidence as counsel may advise and this Honourable Court may permit.
FOR THE PURPOSE OF THIS APPLICATION, THE RESPONDENT 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]
Evidence Affidavit
C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL OF COURT] OF [PROVINCE]
BETWEEN:
HIS MAJESTY THE KING
– and –
[ACCUSED NAME]
AFFIDAVIT OF [AFFIANT NAME]
I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
- I am the [relationship to case] herein and have personal knowledge of the matters and facts herein deposed to, except where stated to be based on information and belief, in which case I do verily believe the same to be true.
- ...
[Internal File Coding]
[DESCRIPTION]
[DESCRIPTION]

Affidavit of Service
IN THE MATTER OF AN APPLICATION PURSUANT TO
SECTION [relevant section for service] OF THE CRIMINAL CODE
AND IN THE MATTER OF [person to serve]
AFFIDAVIT OF SERVICE
I, [name], of [city], in the County of [count], Province of [province], make oath and say as follows:
- 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 a member of [organization] and am a [peace officer/other designation].
- I did, on the ________ day of ___________, 20__, before the hour of _______ in the _____ noon, personally serve [person to serve], with true copies of the documents attached hereto to this my Affidavit, consisting of:
- [list the notices, and other documents served]
- My means of knowledge as to the identity of the person so served were as follows:
- ___________________________________________________________________
- ___________________________________________________________________
- ___________________________________________________________________
Acknowledgment of Service
I, [name of person accepting service], hereby acknowledge that I have received, from [organization issuing service], the within document and the attachments thereto this ___ day of __________, 20__ on behalf of [actual person needing notice], [name of actual person], and that the receipt of same constitutes valid service and notice pursuant to the relevant legislation and Rules of Court.
____________________________________
[name of person accepting service]
[title of person accepting service]
Draft Order
C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)
BETWEEN:
– and –
ORDER
'
BEFORE THE HONOURABLE Judge or Justice [name of judge or justice] at [community/city], [province].
UPON the Application of counsel for [party] for an order pursuant to section [section] of the Criminal Code that ....;
WHEREAS the accused, [accused name], has been charged that on or about [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code;
AND UPON BEING SATISFIED THAT...
IT IS HEREBY ORDERED THAT ...
FURTHER, IT IS HEREBY ORDERED THAT ...
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
_____________________________
[name of title and judge]
[Internal File Coding]
Draft Dismissal Order
C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)
BETWEEN:
– and –
ORDER
'
BEFORE THE HONOURABLE Judge or Justice [name of judge or justice] at [community/city], [province].
REASONS FOR JUDGEMENT having been delivered on [date] by [name of judge or justice];
IT IS HEREBY ORDERED THAT the application for [subject of appliaction] is dismissed with no costs awarded.
IT IS FURTHER ORDERED THAT ...
DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___.
_____________________________
[name of title and judge]
[Internal File Coding]