Prepare a Response

Last Reviewed: October 2026 Reviewed by: Justice Education Society

Prepare a Response

If you intend to respond to an application by another party, you must complete an application response in Form 33 upon receipt of the notice of application, and deliver it (unfiled) to the applicant and every other party of record. The application response tells the Court and the other parties how you intend to respond to the application.

Find the Form

Form 33 Application response

If you wish to respond to a notice of application, you must serve the following on the applicant and every other party of record within 5 business days (days on which the Court registries are open for business) after service, or in the case of an application in a summary trial (Rule 9-7), within 21 days after service:

  • A copy of an unfiled application response

  • A copy of any affidavit or other evidence that

    • Is to be referred to by the responding person at the hearing, and

    • Has not already been served on that person

  • If the application is brought in a summary trial, any notice that the application respondent is required to give under Rule 9-7(9)

Your application response must be in Form 33 and cannot exceed 10 pages. It must contain the following information:

  • In Part 1, which, if any, orders requested do you consent to

  • In Part 2, which orders do you oppose being granted

  • In Part 3, which orders do you take no position on (neither consent, nor oppose)

If you are opposing any of the orders sought in the application, you must:

  • briefly summarize the factual and legal bases on which the orders sought should not be granted,
  • list the affidavits and other evidence to which the application respondent intends to refer at the hearing of the application,
  • set out the application respondent's estimate of the time the application will take for hearing, and
  • indicate whether the application respondent agrees with the applicant’s proposed date and time for the hearing of the application, if any.

If you have not yet provided an address for service you must include one in your application response.

Replying to the Response

An applicant may reply to any document that the application respondent has served. To do so the applicant must serve on each application respondent any reply affidavits as follows within 3 business days after service, except for summary trials (Rule 9-7) which must be within 5 business days after service. 

No Additional Affidavits 

No additional affidavits beyond those served originally with the application, the response or the applicant's reply without consent or a court order.