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Preparing and Responding to an Application

 How to Prepare Your Application


The first step in preparing your application is completing a Notice of Application (Form 4).

  

Your application can be brought with or without notice to the other parties. For more information, please see Application Without Notice.


Next, prepare your supporting Affidavits (Form 10).  The Affidavit sets out the evidence to support your motion. For more information on preparing an Affidavit, please consult Evidence.

  

Once you have completed your Notice of Application (Form 4) and any supporting Affidavits (Form 10), you must send them to the Registrar of the Tribunal for filing by one of the means set out in rule 2.2.


You should file your documents as soon as possible to avoid unnecessary delays in the proceeding.

 

You should also prepare your Statement of Position (Form 14), which sets out your version of the facts and issues and your position with respect to these issues. The Registrar returns a filed copy to all parties. See rule 10.2.  You will have to file your Statement of Position within the time fixed by the hearing panel.


How to Respond to an Application


If you have been served with a Notice of Application (Form 4) by another party, you can respond to the application by any or all of the following means:



Please refer to rule 8.5 and rule 8.6 for more information.

For more information on preparing an Affidavit, please consult Evidence.
  

Even if you do not prepare an Affidavit to oppose the application, you should  prepare a Statement of Position (Form 14), which sets out your version of the facts and issues and your position with respect to these issues. The Registrar returns a filed copy to all parties. See rule 10.2.  You will have to file your Statement of Position within the time fixed by the hearing panel.


If you have completed an Affidavit or a Statement of Position, you must send them to the Registrar of the Tribunal for filing by one of the means set out in rule 2.2.