You must always prepare an application record even when the other party has consented to the application or if it is being brought without notice to the other party. Rule 10-6(14) deals with the application record.
It is extremely important that you get your application record in on time. If you do not, your application will probably have to be rescheduled.
The applicant must provide an application record to the court registry, no later than 4 p.m. on the business day that is one full business day before the hearing date. A business day means a day on which the court registries are open for business. So, for example, if an application is to be heard on a Wednesday, the applicant must file the application record by 4 p.m. on Monday. If the application is to be on a Monday, it must be filed by the previous Thursday at 4 p.m. If it is to be heard on a Tuesday, it must be filed by 4 p.m. the previous Friday.
Further, you are not allowed to provide an application record any earlier than 9 a.m. on the business day that is three full business days before the date set for the hearing.
When you provide your application record to the registry, you must also provide an extra copy of the notice of application.
The application record must be in a ring binder or other type of secure binding.
The application record must contain, in sequentially numbered pages (or separated by tabs), the following documents, in this order:
- A title page with the style of proceeding and the names of the lawyers, if any, for the applicant and the application respondents
- An index
- A copy of the filed notice of application
- A copy of each filed application response
- A copy of every filed affidavit and pleading, and of every other document other than a written argument, that will be relied on at the hearing
- If it is a summary trial under rule 11-3, a copy of each filed pleading
- A copy of each filed order that the applicant seeks to vary or rescind or that is otherwise relevant to the relief sought
The application record may contain:
- A draft of the proposed order
- A written argument
- A list of authorities
- A draft bill of costs
The application record must not contain:
- Affidavits of service
- Legal authorities (e.g., copies of case law, legislation, legal articles, etc.)
- Any other documents unless the other parties consent
Unless the court orders otherwise, the applicant must retrieve the application record at the end of the hearing (or the following business day if the hearing was adjourned). A business day means a day on which the court registries are open for business (see Rule 10-6(17)).