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| {{HeaderTemplates}} | | {{HeaderTemplates}} |
| {{Precedent Terms of Use}} | | {{Precedent Terms of Use}} |
| ==Application to Vary Release== | | ==Notice== |
| {|class="wikitable" style="width: 650px; background-color:white" | | {|class="wikitable" style="width: 650px; background-color:white" |
| ! NOTICE OF APPLICATION | | ! NOTICE OF APPLICATION |
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| {{Style of Cause (Defence Application)}} | | {{Style of Cause (Defence Application)}} |
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| {{TITLE|NOTICE OF APPLICATION|(Variation of [Recognizance or undertaking] Pursuant to Section [x] of the ''Criminal Code'')}} | | {{TITLE|NOTICE OF APPLICATION|(Variation of [release order or undertaking] Pursuant to Section [x] of the ''Criminal Code'')}} |
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| {{WHEREAS Charges}} | | {{WHEREAS Charges}} |
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| '''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}} |
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| '''THE APPLICANT RELIES ON THE FOLLOW GROUNDS:''' | | {{I-Start}}'''THE APPLICANT RELIES ON THE FOLLOW GROUNDS'''{{I-End}} |
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| # [grounds consisting of reasons for granting the relief and alleged facts] | | # [grounds consisting of reasons for granting the relief and alleged facts] |
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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. |
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| '''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}} |
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| # [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. |
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| '''THE APPLICANT SEEKS THE FOLLOWING RELIEF:''' | | {{I-Start}}'''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''{{I-End}} |
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| # An Order for [describe the type of order and terms of the order] | | # An Order for [describe the type of order and terms of the order] |
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| '''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}} |
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| In accordance with the appropriate Rules of Court, | | In accordance with the appropriate Rules of Court, |
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| |} | | |} |
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| {|class="wikitable" style="width: 650px; background-color:white"
| | <gdoc id="xx" width="750" height="1000" /> |
| ! AFFIDAVIT
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| {{Style of Cause (Defence Application)}}
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| {{TITLE|AFFIDAVIT OF [AFFIANT NAME]|}}
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| I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
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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.
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| # ...
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| {{SwornSignature}}
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| {{InternalCode}}
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| |}
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| ==Application to Vary Sentence Order==
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| ; Probation
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| {|class="wikitable" style="width: 650px; background-color:white"
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| ! NOTICE OF APPLICATION
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| {{Style of Cause (Defence Application)}}
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| {{TITLE|NOTICE OF APPLICATION|(Variation of Probation Order Pursuant to Section 732.2 of the ''Criminal Code'')}}
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| {{WHEREAS Charges}}
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| '''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].
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| '''THE APPLICANT RELIES ON THE FOLLOW GROUNDS:'''
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| # [grounds consisting of reasons for granting the relief and alleged facts]
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| # ...
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| # Any additional grounds as counsel may advise and this Honourable Court may permit.
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| '''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''
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| # [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
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| # ...
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| # Any additional evidence as counsel may advise and this Honourable Court may permit.
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| '''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''
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| # An Order for [describe the type of order and terms of the order]
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| '''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''
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| In accordance with the appropriate Rules of Court,
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| {{CounselAddress}}
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| {{DATED}}
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| {{CounselSignature}}
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| {{InternalCode}}
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| |}
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| | ==Affidavit== |
| {|class="wikitable" style="width: 650px; background-color:white" | | {|class="wikitable" style="width: 650px; background-color:white" |
| ! AFFIDAVIT | | ! AFFIDAVIT |
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| |- | | |- |
| |} | | |} |
| | | <gdoc id="xx" width="750" height="1000" /> |
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| {|class="wikitable" style="width: 650px; background-color:white"
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| ! NOTICE OF APPLICATION
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| |-
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| | style="width: 50%; vertical-align: top;" |
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| {{Style of Cause (Defence Application)}}
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| {{TITLE|NOTICE OF APPLICATION|(Variation of conditional sentence order pursuant to Section 742.4 of the ''Criminal Code'')}}
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| {{WHEREAS Charges}}
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| '''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].
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| '''THE APPLICANT RELIES ON THE FOLLOW GROUNDS:'''
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| # [grounds consisting of reasons for granting the relief and alleged facts]
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| # ...
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| # Any additional grounds as counsel may advise and this Honourable Court may permit.
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| '''IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE:'''
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| # [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence]
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| # ...
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| # Any additional evidence as counsel may advise and this Honourable Court may permit.
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| '''THE APPLICANT SEEKS THE FOLLOWING RELIEF:'''
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| # An Order for [describe the type of order and terms of the order]
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| '''FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT:'''
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| In accordance with the appropriate Rules of Court,
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| {{CounselAddress}}
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| {{DATED}}
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| {{CounselSignature}}
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| {{InternalCode}}
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| |-
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| ! AFFIDAVIT
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| | style="width: 50%; vertical-align: top;" |
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| {{Style of Cause (Defence Application)}}
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| {{TITLE|AFFIDAVIT OF [AFFIANT NAME]|}}
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| I, [Affiant name], of [City], in the [Community] and Province of [Province], make oath and say as follows that:
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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.
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| # ...
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| {{SwornSignature}}
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| {{InternalCode}}
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| |-
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| |}
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- PRECEDENT TERMS OF USE
All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.
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Notice
NOTICE OF APPLICATION
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C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL OF COURT] OF [PROVINCE]
BETWEEN:
[ACCUSED NAME]
– and –
HIS MAJESTY THE KING
NOTICE OF APPLICATION
(Variation of [release order 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
- [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:
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]
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<gdoc id="xx" width="750" height="1000" />
Affidavit
AFFIDAVIT
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C A N A D A File# ________________
PROVINCE OF [PROVINCE]
COUNTY OF [COUNTY]
IN THE [LEVEL OF COURT] OF [PROVINCE]
BETWEEN:
[ACCUSED NAME]
– and –
HIS MAJESTY THE KING
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.
- ...
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]
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)
)
)
)
)
) _____________________________
) [Affiant Name]
) [Affiant title]
)
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[Internal File Coding]
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<gdoc id="xx" width="750" height="1000" />