Precedent - Vary Release Order: Difference between revisions

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{{HeaderTemplates}}
{{HeaderTemplates}}
==Notice of Application==
{{Precedent Terms of Use}}
{|class="wikitable" style="width: 750px; background-color:white"
==Application to Vary Release==
{|class="wikitable" style="width: 650px; background-color:white"
! NOTICE OF APPLICATION  
! NOTICE OF APPLICATION  
|-
|-
Line 7: Line 8:
{{Style of Cause (Defence Application)}}
{{Style of Cause (Defence Application)}}


{{TITLE|NOTICE OF APPLICATION|}}
{{TITLE|NOTICE OF APPLICATION|(Variation of [Recognizance or undertaking] Pursuant to Section [x] of the ''Criminal Code'')}}
 
{{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].
 
'''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:'''
 
By service in accordance with the appropriate Rules of Court,
{{CounselAddress}}
 
{{DATED}}
 
{{CounselSignature}}
 
{{InternalCode}}


|-
! AFFIDAVIT
|-
|-
| style="width: 50%; vertical-align: top;" |
| style="width: 50%; vertical-align: top;" |
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# 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 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}}
{{SwornSignature}}


[Internal File Code]
{{InternalCode}}
|-
|}
 
==Application to Vary Sentence Order==
 
; Probation
{|class="wikitable" style="width: 650px; background-color:white"
! NOTICE OF APPLICATION
|-
| style="width: 50%; vertical-align: top;" |
{{Style of Cause (Defence Application)}}
 
{{TITLE|NOTICE OF APPLICATION|(Variation of Probation Order Pursuant to Section 732.2 of the ''Criminal Code'')}}
 
{{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].
 
'''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:'''
 
By service in accordance with the appropriate Rules of Court,
{{CounselAddress}}
 
{{DATED}}
 
{{CounselSignature}}
 
{{InternalCode}}
 
|-
! AFFIDAVIT
|-
| style="width: 50%; vertical-align: top;" |
{{Style of Cause (Defence Application)}}
 
{{TITLE|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.
# ...
 
{{SwornSignature}}
 
{{InternalCode}}
|-
|}
 
 
{|class="wikitable" style="width: 650px; background-color:white"
! NOTICE OF APPLICATION
|-
| style="width: 50%; vertical-align: top;" |
{{Style of Cause (Defence Application)}}
 
{{TITLE|NOTICE OF APPLICATION|(Variation of conditional sentence order pursuant to Section 742.4 of the ''Criminal Code'')}}
 
{{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].
 
'''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:'''
 
By service in accordance with the appropriate Rules of Court,
{{CounselAddress}}
 
{{DATED}}
 
{{CounselSignature}}
 
{{InternalCode}}
 
|-
! AFFIDAVIT
|-
| style="width: 50%; vertical-align: top;" |
{{Style of Cause (Defence Application)}}
 
{{TITLE|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.
# ...
 
{{SwornSignature}}


{{InternalCode}}
|-
|-
|}
|}

Revision as of 02:14, 8 July 2020

PRECEDENT TERMS OF USE

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

Application to Vary Release

NOTICE OF APPLICATION

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent




NOTICE OF APPLICATION
(Variation of [Recognizance 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:

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

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

By service 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

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent




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 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. ...

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]

Application to Vary Sentence Order

Probation
NOTICE OF APPLICATION

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent




NOTICE OF APPLICATION
(Variation of Probation Order Pursuant to Section 732.2 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:

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

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

By service 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

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent




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 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. ...

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]


NOTICE OF APPLICATION

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent




NOTICE OF APPLICATION
(Variation of conditional sentence order pursuant to Section 742.4 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:

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

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

By service 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

C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]

IN THE [LEVEL OF COURT] OF [PROVINCE]

BETWEEN:

[ACCUSED NAME]

Applicant

– and –

HIS MAJESTY THE KING

Respondent




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 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. ...

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]