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O'Connor Application (Precedent): Difference between revisions

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{{Precedent Terms of Use}}
{{Precedent Terms of Use}}
==Notice==
==Notice==
{|class="wikitable" style="width:650px; background-color:white; "
<!--{|class="wikitable" style="width:650px; background-color:white; "
! NOTICE OF APPLICATION UNDER O'CONNOR
! NOTICE OF APPLICATION UNDER O'CONNOR
|-
|-
| style="width: 50%; vertical-align: top;" |
| style="width: 50%; vertical-align: top;" |-->
{{Style of Cause}}
{{Style of Cause}}


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{{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 of production pursuant to ''R v O'Connor'', [1995] 4 SCR 411, for the following records to be produced to the accused:
{{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 of production pursuant to ''R v O'Connor'', [1995] 4 SCR 411, for the following records to be produced to the accused:{{I-End}}
## [list relevant records by description or content]
## [list relevant records by description or content]


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# 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]
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# 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,  
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<gdoc id="1YeLi8PsDccejSO3GnlajVXiAVEHmwCxqpiKkssG0FGI" width="750" height="1000" />
==Affidavit==
<!--{|class="wikitable" style="width:650px; background-color:white; "
! AFFIDAVIT
|-
| style="width: 50%; vertical-align: top;" |-->
{{Style of Cause}}
{{TITLE|AFFIDAVIT OF [AFFIANT NAME]| }}
{{Aff-Intro}}
# {{Aff-Knowledge}}
# ...
{{SwornSignature}}
{{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>
|}
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Latest revision as of 21:55, 23 December 2024

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

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

BETWEEN:

HIS MAJESTY THE KING


– and –

[ACCUSED NAME]



NOTICE OF APPLICATION
Third Party Record Production Pursuant to R v O'Connor



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 of production pursuant to R v O'Connor, [1995] 4 SCR 411, for the following records to be produced to the accused:

    1. [list relevant records by description or content]

THE APPLICANT RELIES ON THE FOLLOWING GROUNDS

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

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] |} <gdoc id="1YeLi8PsDccejSO3GnlajVXiAVEHmwCxqpiKkssG0FGI" width="750" height="1000" />


Affidavit

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

IN THE [LEVEL OF COURT] OF [PROVINCE]
([name] Region)

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/affirmation 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] |- | style="width: 50%; vertical-align: top;" |-->

EXHIBIT A
[DESCRIPTION]

|- | style="width: 50%; vertical-align: top;" |-->

EXHIBIT B
[DESCRIPTION]

|}

<gdoc id="1oD5CXlNUN72Pt5mZylFD6xvFBqfWsKZOVe00rQPOD_o" width="750" height="1000" />

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