Generic Application (Precedent)

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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.

Generic Application

Index

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

Notice

NOTICE OF APPLICATION/MOTION (GENERIC)

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/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 [SET OUT 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 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]

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Reply Notice

REPLY NOTICE OF APPLICATION/MOTION (GENERIC)

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] 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 [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 POSITION, THE RESPONDENT RELIES ON THE FOLLOWING EVIDENCE: [SET OUT documents and transcripts upon which the respondent relies upon; e.g affidavit, transcript, business records, oral evidence] ... 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: [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]

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Evidence Affidavit

AFFIDAVIT (GENERIC)
C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] 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 and say as follows that: 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. ... 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]

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Affidavit of Service

Affidavit of Service

IN THE MATTER OF AN APPLICATION PURSUANT TO SECTION [relevant section for service] OF THE CRIMINAL CODE AND IN THE MATTER OF [person to serve] AFFIDAVIT OF SERVICE I, [name], of [city], in the County of [count], Province of [province], make oath and say as follows: 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 a member of [organization] and am a [peace officer/other designation]. 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: [list the notices, and other documents served] 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]

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Draft Order

DRAFT ORDER (GENERIC)

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] 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]

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Draft Dismissal Order

DRAFT ORDER OF DISMISSAL (GENERIC)

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] 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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