Applications

• Author: Tina Kamakaris/Jane Kamakaris/Louis Kamakaris
• Pages: 235-256

235

Chapter 16 Applications

CHAPTER 16

is chapter details the steps in proceedings commenced by applications and

also looks at how applications dier from actions.

Figure 16.1 Steps in Applications

Notice of Application and Supporting Adavit, A

• issued and served at least 10 days before hearing date (20 days if outside Ontario)

• led at least 7 days before hearing date

• information for court use, not issued or served; led at time of issuing notice of application

Notice of Appearance, R

• served and led forthwith

Adavits in Opposition, R, and Adavits in Reply, A

• served and led at least 4 days before hearing date

Applicant’s Application Record and Factum, A

• served and led at least 7 days before hearing date

Respondent’s Factum

• served and led a least 4 days before hearing

Respondent’s Application Record, if any, R

• served and led at least 4 days before hearing

Conrmation of Application, A

• sent not later than 2 p.m., 3 days before hearing date

Hearing

Judgment, A or R

APPLICATIONS

A = Applicant

R = Respondent

Examination of Witness, A or R

• summons to witness (examination out of court)

• served at least 2 days before examination date

Cross-examination on Adavit, A or R

• notice of examination

• served at least 2 days before examination date

Copyright © 2022 Emond Montgomery Publications. All Rights Reserved.

236 Legal Office Procedures

APPLICATIONS

ere are two ways to start a law suit. One is by action; the other is by application.

Rule 38 of the Rules of Civil Procedure applies to applications. Applications are law suits

parallel to actions, except that applications rarely claim money, although they can be

about money. Applications are quicker than actions because they rely mainly on adavit

evidence (referred to as documentary evidence) and because application hearings are

shorter than trials. e originating process in applications is a notice of application

which the lawyer for the applicant must issue and serve in the same way as a statement of

claim in actions. e parties in applications are called applicant and respondent and are

parallel to plainti and defendant in actions.

When used

Applications are used where either a statute (act) or rule authorizes their

use. at is why you will always see in their title of proceeding the name of the statute or rule

under which they are brought. Rule 14.05 of the Rules of Civil Procedure specically states when

applications are to be used. Excerpts follow:

Application under Statute

14.05(2) A proceeding may be commenced by an application to the

Superior Court of Justice or to a judge of that court, if a statute so

authorizes.

Application under Rules

(3) A proceeding may be brought by application where these rules

authorize the commencement of a proceeding by application or where

the relief claimed is,

(a) the opinion, advice or direction of the court on a question aecting

the rights of a person in respect of the administration of the estate of a

deceased person or the execution of a trust...

Applications on notice

Applications on notice are applications which the lawyer

must serve on the respondent. e application gives notice of the law suit to the respond-

ent; hence, “on notice.”

Application without notice

Applications without notice are ones which the lawyer

does not serve on the respondent, usually because the application is urgent and there is

no time to serve it, which is often the case where a lawyer is applying for an injunction.

Usually, injunctions are orders stopping a party from doing something, e.g. removing

goods or money from Canada to another country.

Who hears applications

Judges hear all applications.

Where commenced and heard

e applicant names the place of commencement,

which is usually the place where the applicant lives. An in person application is heard

in the county where the proceeding was commenced or to which it has been transferred.

Applications may also be heard by telephone conference or video conference.

Short and long applications

Short applications are those whose length of hearing

lasts for two hours or less. To schedule a hearing for short applications, or urgent ones,

you may choose any date on which a judge is scheduled to hear applications. To schedule

Legal TIP

Generally, use actions

where the claim is for

money; use applications

everywhere else.

Legal TIP

The title of proceeding

in all application

documents must always

include the statute

and/or the rule under

which the application is

authorized.

Copyright © 2022 Emond Montgomery Publications. All Rights Reserved.