Notice of Motion in Provincial Offences Proceedings: Difference between revisions
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ONTARIO
COURT OF JUSTICE
Provincial Offenses
NOTICE OF MOTION Under Rule 7(2) of R.R.O. 1990, REGULATION 200
ONTARIO
COURT OF JUSTICE
Provincial Offenses
NOTICE OF APPLICATION Under Rule 7(2) of R.R.O. 1990, REGULATION 200
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[[Category:Provincial Offenses]] | [[Category:Provincial Offenses]] | ||
==RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS== | ==RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS== | ||
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*Under the Courts of Justice Act: | *Under the Courts of Justice Act: | ||
**[https://www.ontario.ca/laws/regulation/900200 Rules of the Ontario Court (Provincial Division) in Provincial Offences Proceedings (R.R.O. 1990, Reg. 200)] | **[https://www.ontario.ca/laws/regulation/900200 Rules of the Ontario Court (Provincial Division) in Provincial Offences Proceedings (R.R.O. 1990, Reg. 200)] | ||
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::(b) where, having regard to the subject-matter or the circumstances of the application or motion, it would not be unjust to hear the application or motion without notice. | ::(b) where, having regard to the subject-matter or the circumstances of the application or motion, it would not be unjust to hear the application or motion without notice. | ||
:(8) Subrules (2) to (5) do not apply in respect of a motion under section 66 of the Act. R.R.O. 1990, Reg. 200, r. 7. | :(8) Subrules (2) to (5) do not apply in respect of a motion under section 66 of the Act. R.R.O. 1990, Reg. 200, r. 7. | ||
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==Notice of Motion== | ==Notice of Motion== | ||
Revision as of 21:40, 2 December 2019
RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS
- Under the Courts of Justice Act:
Notice of Motion
7. (1) An application provided for by the Act or these rules shall be commenced by notice of application.
- (2) A motion provided for by the Act or these rules shall be commenced by notice of motion.
- (3) There shall be at least three days between the giving of notice of application or notice of motion and the day for hearing the application or motion.
- (4) An applicant or moving party shall file notice of application or notice of motion at least two days before the day for hearing the application or motion.
- (5) Evidence on an application or motion may be given,
- (a) by affidavit;
- (b) with the permission of the court, orally; or
- (c) in the form of a transcript of the examination of a witness.
- (6) Upon the hearing of an application or motion and whether or not other evidence is given on the application or motion, the justice may receive and base his or her decision upon information the justice considers credible or trustworthy in the circumstances.
- (7) An application or motion may be heard without notice,
- (a) on consent; or
- (b) where, having regard to the subject-matter or the circumstances of the application or motion, it would not be unjust to hear the application or motion without notice.
- (8) Subrules (2) to (5) do not apply in respect of a motion under section 66 of the Act. R.R.O. 1990, Reg. 200, r. 7.
Notice of Motion
File No.: OCJ-18-27458 (Kitchener)
B E T W E E N:
The City Corporation of the City of Kitchener
Prosecutor
-v-
ACSO P.M. Inc
Defendant
December 2, 2019
ACSO P.M. INC
Shaun D. Harvey, B.A
Paralegal for the Defendant
LSO: P08916
P.O. Box: 26013, 250 King Street West
Kitchener, ON N2G 1B6
Tel: (226) 600-1076
Fax: (519) 489-2395
Email: sharvey@riverviewlegal.ca
TO
The Corporation of the City of Kitchener
Jennifer Sherrier
Legal Services 200 King Street West
Kitchener, ON N2G 4G7
Tel: (519) 741-2200
Email: jennifer.sheryer@kitchener.ca
Notice of Application
File No.: OCJ-18-27458 (Kitchener)
B E T W E E N:
The City Corporation of the City of Kitchener
Prosecutor
-v-
ACSO P.M. Inc
Defendant
Summary of Application
Relief Sought
Supporting Facts
Basis in Law
Conclusion
Schedule A (Excerpts from Statutes and Regulations)
Schedule B (Excerpts from Applicable Case Law)
December 2, 2019
ACSO P.M. INC
Shaun D. Harvey, B.A
Paralegal for the Defendant
LSO: P08916
P.O. Box: 26013, 250 King Street West
Kitchener, ON N2G 1B6
Tel: (226) 600-1076
Fax: (519) 489-2395
Email: sharvey@riverviewlegal.ca
TO
The Corporation of the City of Kitchener
Jennifer Sherrier
Legal Services 200 King Street West
Kitchener, ON N2G 4G7
Tel: (519) 741-2200
Email: jennifer.sheryer@kitchener.ca
