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Generic Application (Precedent): Difference between revisions

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<center><b>EXHIBIT A<br>
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Revision as of 22:39, 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.

Generic Application

Index
  • Notice of Application
  • Reply Notice
  • Evidence Affidavit
  • Affidavit of Service
  • Order of Court

Notice

Style of cause  


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

  1. [SET OUT grounds consisting of reasons for granting the relief and alleged facts]
  2. ...
  3. 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:

  1. [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. ...
  3. Any additional evidence as counsel may advise and this Honourable Court may permit.

THE APPLICANT SEEKS THE FOLLOWING RELIEF:

  1. 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]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

[Internal File Coding]

Reply Notice

Style of cause  


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

  1. [grounds consisting of reasons for granting the relief and alleged facts]
  2. ...
  3. 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:

  1. [SET OUT documents and transcripts upon which the respondent relies upon; e.g affidavit, transcript, business records, oral evidence]
  2. ...
  3. 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]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

[Internal File Coding]

Evidence 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:

  1. 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.
  2. ...

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]

EXHIBIT A
[DESCRIPTION]
EXHIBIT B
[DESCRIPTION]





Affidavit of Service

Style of cause  


AFFIDAVIT OF SERVICE



I, [name], of [city], in the County of [count], Province of [province], make oath and say as follows:

  1. 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.
  2. I am a member of [organization] and am a [peace officer/other designation].
  3. 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:
    1. [list the notices, and other documents served]
  4. My means of knowledge as to the identity of the person so served were as follows:
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________

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]
)



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

Style of cause  


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]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

[Internal File Coding]


Draft Dismissal Order

Style of cause  


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]

TO:

[parties requiring notice]
[contact info]

AND TO:

[other necessary parties]
[contact info]

cc.

[other party where notice not legally required such as co-counsel, etc.]

[Internal File Coding]


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