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Criminal Proceedings Rules for the Superior Court of Justice (Ontario)

Version of section 26.04 from 2012-03-01 to 2013-12-31:

  •  (1) The notice of application in Form 1 under this rule shall be accompanied by an affidavit by or on behalf of the applicant, deposing to the matters described in subrule (2).

Affidavit by or on Behalf of the Applicant
  • (2) The affidavit by or on behalf of the applicant required by subrule shall contain:

    • (a) particulars of the indictment in which is contained the charge upon which the order adjourning the date upon which trial proceedings are scheduled to commence is sought;

    • (b) particulars of any prior applications, whether on behalf of the accused or the prosecutor, to have the trial of the indictment adjourned from a date fixed for trial to a subsequent date, including, where available, transcripts of proceedings taken upon such applications;

    • (c) a full statement of all facts material to a determination of the application without disclosing any solicitor client communications in respect of which solicitor client privilege has not been waived; and,

    • (d) a statement of the date or dates to which it is proposed to adjourn the matter for trial.

Application Record and Factum Not Required
  • (3) No application record or factum is required on applications under this rule.


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