Form 68A
Courts of Justice Act
NOTICE OF application to divisional court for judicial review
(General heading)
(Court seal)
NOTICE OF APPLICATION TO DIVISIONAL COURT FOR JUDICIAL REVIEW
TO THE RESPONDENT
A LEGAL PROCEEDING HAS BEEN COMMENCED by the applicant. The claim made by the applicant appears on the following page.
THIS APPLICATION for judicial review will come on for a hearing before the Divisional Court on a date to be fixed by the registrar at the place of hearing requested by the applicant. The applicant requests that this application be heard at (place where a Divisional Court sitting is scheduled).
IF YOU WISH TO OPPOSE THIS APPLICATION, to receive notice of any step in the application or to be served with any documents in the application, you or an Ontario lawyer acting for you must forthwith prepare a notice of appearance in Form 38A prescribed by the Rules of Civil Procedure, serve it on the applicant’s lawyer or, where the applicant does not have a lawyer, serve it on the applicant, and file it, with proof of service, in the office of the Divisional Court, and you or your lawyer must appear at the hearing.
IF YOU WISH TO PRESENT AFFIDAVIT OR OTHER DOCUMENTARY EVIDENCE TO THE COURT OR TO EXAMINE OR CROSS-EXAMINE WITNESSES ON THE APPLICATION, you or your lawyer must, in additional to serving your notice of appearance, serve a copy of the evidence on the applicant’s lawyer or, where the applicant does not have a lawyer, serve it on the applicant, and file it, with proof of service, in the office of the Divisional Court within thirty days after service on you of the applicant’s application record, or not later than 2 p.m. on the day before the hearing, whichever is earlier.
IF YOU FAIL TO APPEAR AT THE HEARING, JUDGMENT MAY BE GIVEN TO IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE.
Date |
Issued by |
TO (Name and address of each respondent)
AND TO |
Attorney General of Ontario (as required by subsection 9 of the Judicial Review Procedure Act) |
APPLICATION
1. The applicant makes application for: (State here the precise relief claimed.)
2. The grounds for the application are: (Specify the grounds to be argued, including a reference to any statutory provision to be relied on.)
(Where the notice of application is to be served outside Ontario without a court order, state the facts and the specific provisions of Rule 17 relied on in support of such service.)
3. The following documentary evidence will be used at the hearing of the application: (List the affidavits or other documentary evidence to be relied on.)
(Date) |
(Name, address and telephone number of applicant’s solicitor or applicant) |
RCP-E 68A (November 1, 2005)