Prepare the Application Record

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.

Applicant provides the application record to the registry

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 the application record to the registry no earlier than 9 a.m. on the business day that is  5 business days before the date set for the hearing and no later than 4 p.m. on the business day that is 2 business days before the date set for the hearing, or if an earlier date is fixed by a registrar, on or before that 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 5 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.

Serve the application record

The applicant must serve the application record index on each respondent by 4 p.m. 2 business days before the hearing.

What an application record contains

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:

1. A title page with the style of proceeding and the names of the lawyers, if any, for the applicant and the application respondents
2. An index
3. A copy of the filed notice of application
4. A copy of every application response that has been served on the applicant
5. A copy of every filed pleading and any filed affidavit or other evidence that is to be relied on at the hearing
6. a copy of any affidavit or other evidence that has been served on the applicant by an application respondent
7. If it is a summary trial under rule 11-3, a copy of each filed pleading
8. 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

Take back the application record at the end of the hearing

Unless the court orders otherwise, the applicant must retrieve the application record at the end of the hearing. If the hearing is adjourned past the next business day, then the applicant must retrieve the the application record after the hearing is adjourned. 

Return the application record to the registry when the application has been adjourned

After an adjournment, the application record must be returned to the registry between 9 a.m. on the day that is 5 business days and 4 p.m. on the day that is 2 business days before the new hearing date.