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Difference between revisions of "Interim Applications in Family Matters"
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Interim Applications in Family Matters (view source)
Revision as of 19:31, 15 April 2013
, 19:31, 15 April 2013→Application Records
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Note that the shorter an application is, the more likely it is to be heard sooner rather than later on the day of hearing. There could be three applications set to be heard in chambers on a particular day or there could be thirty. The court clerk will generally sort the applications in order of the time estimates, so that a five-minute application will be heard fairly quickly while a ninety-minute application might not be heard until much later in the day. | Note that the shorter an application is, the more likely it is to be heard sooner rather than later on the day of hearing. There could be three applications set to be heard in chambers on a particular day or there could be thirty. The court clerk will generally sort the applications in order of the time estimates, so that a five-minute application will be heard fairly quickly while a ninety-minute application might not be heard until much later in the day. | ||
===Application | ===Application records=== | ||
The applicant must prepare the ''Application Record'' for the application. When both parties have an application scheduled to be heard on the same day, the parties must cooperate and prepare a joint Application Record. | The applicant must prepare the ''Application Record'' for the application. When both parties have an application scheduled to be heard on the same day, the parties must cooperate and prepare a joint Application Record. | ||
The | The applicant must file the Application Record plus an extra copy of the Notice of Application in court by 4:00pm on the day that is one full business day before the date set for the hearing. The extra Notice of Application should be marked to indicate which claims the applicant will be asking the court to hear. The applicant must serve a copy of the index of the Record on the Application Respondent by ordinary service by the same deadline. The timelines for interim applications are discussed below in more detail. | ||
If you file your | If you file your record after the deadline of 4:00pm on the day that is one business day before the hearing date, the registry will not put your application on the list for the hearing date. This can be a bit challenging, because I've seen some pretty long lineups at the registry counter at 3:45pm, and I suggest you give yourself plenty of time to file your Application Record and get to the registry early. | ||
An Application Record contains documents relating to the application in a bound format for the benefit of the judge or master hearing the application. Under [http://canlii.ca/t/8mcr Supreme Court Family Rule 10-6(14)(a)], the materials in the Application Record need to be "securely bound," which usually means that they are assembled in a three-ring binder, although any other kind of secure binding will do, including a passing a couple of hex bolts through the left-hand margin. | An Application Record contains documents relating to the application in a bound format for the benefit of the judge or master hearing the application. Under [http://canlii.ca/t/8mcr Supreme Court Family Rule 10-6(14)(a)], the materials in the Application Record need to be "securely bound," which usually means that they are assembled in a three-ring binder, although any other kind of secure binding will do, including a passing a couple of hex bolts through the left-hand margin. | ||