If you intend to respond to an application by another party, you must complete an application response in Form F32 upon receipt of the notice of application, and deliver it to the applicant. The application response tells the court and the other parties how you intend to respond to the application.
If you wish to respond to a notice of application, you must do so within the time limit. The time limits vary depending on the nature of the application.
- If it is a regular application, you must file your application response within 5 business days (days on which the court registries are open for business) after service.
- If the application is for a summary trial, you must file your application response within 8 business days after service.
- If it is an application to change, suspend or terminate a final order, to set aside or replace the whole or any part of any agreement filed under Rule 2-1(2) or to change, suspend or terminate an arbitration award filed under Rule 2-1.1(1), you must file your application response within 14 business days after service.
The application respondent must do the following within the time limitation of filing their response:
- file an application response;
- file the original of every affidavit, and of every other document, that
- is to be referred to by the responding person at the hearing, and
- has not already been filed in the family law case;
- serve on the applicant 2 copies of the following, and on every other party of record one copy of the following:
- a copy of the filed application response;
- a copy of each of the filed affidavits and documents, referred to in the application response that 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 11-3(9)
Your application response must be in Form 32 and cannot exceed 10 pages. It must contain the following information:
- In Part 1, which, if any, orders requested that you consent to.
- In Part 2, which orders you oppose being granted.
- In Part 3, which orders you take no position on (neither consent, nor oppose)
- In Part 4, you summarize the factual basis for your opposition to the application.
- In Part 5, you summarize the legal basis for your opposition to the application, including any statute or regulation relied upon.
- In Part 6, you set out the affidavits or other material that you will be relying on at the hearing of the application.
- Your estimate of time the application will take for hearing.
Responding to the Response
An applicant may respond to any document that the application responded has served by filing and serving responding affidavits no later than 4:00 p.m. on the business day that is one full business day before the date set for hearing. A business day means a day on which the court registries are open for business.
Resetting an Adjourned Application
If the application gets adjourned and a new hearing date is not scheduled, Rule 10-6(19.1) tells how the applicant can reschedule the hearing. The applicant files a requisition Form 17, setting out the date and time of the new hearing and serves a copy of the filed requisition on the application respondents at least 2 business days before the date set for the hearing. A business day means a day on which the court registries are open for business.
If the applicant does not reset the application for hearing within a reasonable time after an application respondent has asked the applicant to do so, the applicant respondent may apply to the court for directions on how to proceed, using a requisition in Form 17, and with 2 business days notice to the applicant (see Rule 10-6(20)). A business day means a day on which the court registries are open for business.