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

Version of section 40.16 from 2012-03-01 to 2013-12-31:

  •  (1) An application under subsection 822(4) of the Code for a trial de novo shall be made before a date has been fixed for hearing the appeal under rule 40.14.

Notice of Application
  • (2) At least 7 days’ notice of an application for a trial de novo shall be served on each other party, except that, if the notice is filed with the notice of appeal, it shall be served with the notice of appeal in accordance with subrules 40.06(1).

Date for Hearing of Application
  • (3) Upon receipt of an application under subrule (1), the clerk of the appeal court shall enter the application for hearing on a date fixed by a judge or, where hearing dates are not so fixed, enter the application on a list of applications to be heard at a regular or special sitting of the appeal court.

Notice
  • (4) Unless a judge otherwise orders, the clerk of the appeal court shall serve each party with a notice of the date on which the application is to be heard.


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