Serving Documents

Last Reviewed: April 2022 Reviewed by: JES Download

You must serve these documents on all parties of record, and on every other person who may be affected by the orders sought. Rule 10-6(6) lists what you are required to serve:

  1. A copy of the filed notice of application;
  2. A copy of the filed version of each of the affidavits and documents, referred to in the notice of application under subrule (3) (d), that has not already been served on that person;
  3. In addition to the documents referred to in paragraphs (a) and (b), if the application is brought under rule 11-3, any notice that the applicant is required to give under rule 11-3 (9);
  4. In addition to the documents referred to in paragraphs (a) to (c), if the application is in relation to an agreement filed in, or to start, a family law case, a copy of the filed agreement;
  5. In addition to the documents referred to in paragraphs (a) to (d), if the application is in relation to a determination of a parenting coordinator filed under rule 2-1.1 (1),
    1. A copy of the filed determination, and
    2. If the parenting coordinator was engaged under an agreement filed under rule 2-1 (2), a copy of the filed agreement;
  6. In addition to the documents referred to in paragraphs (a), (b) and (d), if the application is in relation to an arbitration award filed in, or to start, a family law case, a copy of the filed arbitration award.

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Rule 10-6(6) Service of application materials

You must serve the filed notice of application and all other filed affidavits and documents at least 8 business days before the date set for the hearing of the application. If the hearing is a summary trial, the documents must be served at least 12 business days before the date set for hearing.

If the application is to change, suspend or terminate a final order or to set aside or replace the whole or any part of an agreement filed under Rule 2-1(2), the documents must be served by personal service at least 21 business days before the date set for the hearing of the application.

A business day means a day on which the court registries are open for business.

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Rule 10-6(7) Service requirements

There is a special procedure for urgent applications, which allows you to bring an application on less notice than you would normally require. For example, if your spouse has listed your home for sale, you could make an application to court, on short notice, asking the court to stop the sale.

A short notice application may be made by requisition, without notice to the other party. The full procedure is described in Rule 10-9. You should read and follow Practice Direction 6 - Short Notice Applications - Family.

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Rule 10-9 Urgent applications

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