Hearing Interlocutory Applications PDF

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HEARING INTERLOCUTORY APPLICATIONS

First appearance (first return date)

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If simple matter, or not opposed, then court may decide on the papers

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If opposed, then strictly, an affidavit in opposition should already have been filed. Rarely done in practice.

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If opposed, directions will be made for filing of further affidavits and submissions, listed for special appointment o Submissions o Legal arguments put forward in support of a case o Oral or written (or both) o Must only refer to facts already in evidence o List of authorities o List of legislation, cases, legal commentary relied upon by the party

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Special appointments o Time set aside to hear argument from both parties o Oral submissions o Matter determined on the basis of affidavit evidence except in limited circumstances where a party can be cross examined...