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

Version of section 6.07 from 2012-03-01 to 2013-12-31:

  •  (1) Evidence on an application may be given by affidavit in Form 4 and in accordance with rule 4.06, unless the Criminal Code or other applicable statute provides, or a judge of the court orders otherwise in accordance with rule 2.01.

Service and Filing of Affidavit
  • (2) Where an application is made on notice, the affidavits on which the application is founded shall be served with the notice of application and shall be filed with proof of service in the court office in the place where the motion or application is to be heard in accordance with rule 6.05(1).

  • (3) All affidavits to be used at the hearing in opposition to an application or in reply shall be served and filed with proof of service in the court office in the place where the application is to be heard in accordance with rule 6.05(3).

Cross-Examination on Affidavit
  • (4) Subject to the Criminal Code or any other applicable statute or rule of law, an affiant may be cross-examined on his or her affidavit at the office of a special examiner in sufficient time in advance of the return date of the application to permit a transcript of the cross-examination to be served on all parties and filed within the time limits described in rules 6.05(1) and (3), unless otherwise ordered by a judge of the court.


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