Vary Sentence Order (Precedent)

• < Precedents, Court Forms and Checklists
• < Precedents

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

Probation

Style of cause  

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:

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]

[Internal File Coding]

|}

Affidavit

Style of cause  

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 - Vary Conditional Sentence Order

Style of cause  

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:

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]

[Internal File Coding]

|}

Affidavit

Style of cause  

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] |- |}